What happens if you don't pay for parking in Moscow

Fine for unpaid parking in Moscow

In September 2021, Tatyana Skorykh (last name changed) parked her car on one of the Moscow streets, near her house. There was a paid parking sign nearby, but the woman decided that she had parked the car in the local area and had not paid anything.

The violation was discovered by an inspector checking the parking lot using a special ParkNet complex: the device transmitted data about the violation to the State Public Institution “Administrator of the Moscow Parking Space.”

According to information on the ParkNet website, this is a tablet-based device that can work both manually and automatically (that is, without the participation of a patrol inspector, who is only needed to select a shooting angle).

An employee of the department for registration and recording of violations brought the ambulances to administrative responsibility under clause 2 of Art. 8.14 of the Moscow City Code on Administrative Offenses (“Failure to pay for placing a vehicle in a paid city parking lot”) and fined her 2,500 rubles.

The parking fine was issued in a special manner, without drawing up a report on the administrative violation.

Grounds for imposing a fine

In accordance with the Code of Administrative Offenses of the Russian Federation, fines for parking in Moscow can be imposed on drivers only under the following circumstances:

• The owner of the vehicle refused to pay for a long period of idle time in the designated area, as evidenced by recordings from surveillance cameras and recording of the offense by parking employees;
• The car is not located in the location specified during payment;
• The car occupies two or more parking spaces, violating special markings;
• The driver did not remove his vehicle after the allotted parking period had expired.

The listed reasons give traffic police officers the right to issue a decree for a specific car even in the absence of its owner. But in order for a violator to receive a 50% discount on a fine for unpaid parking in Moscow in 2021, he needs to independently view the traffic police database for his vehicle. After all, notification of such sanctions does not always arrive on time. And this often becomes the reason for repaying the financial penalty in full.

Woman against a fine for unpaid parking

Skorykh did not agree with the fine and went to court to protect her rights.

In substantiating her position, Skorykh indicated that:

• she parked the car not near 3/9 on the 3rd passage of Maryina Roshcha, as ParkNet indicated, but near the neighboring high-rise building at number 5;
• her car was not parked where the “Parking” and “Paid Services” signs were installed, but on the opposite side, where the parking space was not marked and not equipped, that is, in fact, she left the car in the local area.

How to appeal a parking fine using Autocode?

To challenge a parking sanction online in 2021, go to avtokod.mos.ru. Enter in the field for defining the type of complaint the number of the resolution that imposes a fine on you for parking. This will help you find out who exactly issued the penalty to you - MADI or AMPP. This must be done within 10 days from the date of receipt of the chain letter. Otherwise, you will have to submit another petition - to extend the period for appealing the parking fine. But there must be good reasons for this.

Then, on the Autocode portal, you need to indicate the reason for challenging the sanction. They may be as follows:

• you were unable to see the sign or marking about prohibited parking or paid parking, as they were located in violation;
• you parked where it is permitted;
• you stopped due to an accident or at the request of a traffic police officer;
• your vehicle has been stolen, sold or was under the control of another person;
• you paid for parking, but still received a fine for non-payment;
• you have special powers as a disabled person, a member of a large family, etc.

You must attach scanned documents and photographs to your application to confirm your words:

• a photo of the location of the violation, which clearly makes it clear that the signs and markings are not visible;
• photo of a sign permitting parking;
• accident report;
• theft report, sales contract, open insurance;
• parking receipt;
• certificate of disability, large families, etc.

After this, all you have to do is click the “Submit Complaint” button and wait for the department’s further decision. It can either agree with your complaint and cancel the fine, or leave the collection order without adjustments. In this case, you will be able to appeal this decision in court.

The court's position: ParkNet is not mistaken

The Ostankino District Court of Moscow considered that, according to the rules for the use of city parking lots and the placement of vehicles there, approved by Moscow Government Resolution No. 289-PP, the entire section of the road network belongs to the city parking area. Accordingly, it does not matter which side the car was parked on as long as it was within the paid parking area.

The court also drew up a logical chain, analyzing the operating principle of the ParkNet complex:

• the product was in good working order, as there is an inspection certificate;
• a working tool detects only cars that fall under the influence of either a sign or markings, that is, cars of violators;
• There is no reason not to trust the data from the ParkNet complex.

The District Court, like the Moscow City Court, agreed with the position of the court of first instance and confirmed the guilt of the ambulances in non-payment of parking. The deputy chairman of the Moscow City Court also supported their position.

How to check via the Internet?

The procedure for checking a parking fine via the Internet consists of several sequential steps.

1. First of all, you need to visit the appropriate resource and go through the authorization procedure, if required. To do this, fill out an electronic form.
2. Afterwards the person must confirm his account. Finally, he will gain access to all the capabilities of the resource. This procedure applies to the State Services portal.
3. Next, you need to select the appropriate section in the general menu. As a rule, it is called fines.
4. After this, you must enter information about the car number and vehicle registration certificate in the appropriate fields. The system will display the result immediately. Methods for checking fines by STS and car number are described in a separate material.

Please note that this procedure applies to the traffic police website and mobile application. If a person has logged in and confirmed his account on the State Services portal, then upon logging in the system automatically notifies the user about the presence of fines and the reasons for their imposition. We suggest you find out how to check for fines on the traffic police website in this article, and which mobile application for checking is best installed on your phone, read in another material.

Online search by resolution number through the official website of the Moscow Mayor

Reference! The number of the administrative violation resolution makes it possible to check the presence of parking fines.
If a person uses the mos.ru resource, then he should do the following:

1. go to the resource;
2. select the “Check and payment of fines” section;

   

   Read also:  What are the consequences of failure to pay fines from traffic police cameras?
3. activate the “Order number” function;
4. Enter the appropriate data in the line that opens.

   

As a result, the system will provide the necessary information.

We talked in more detail about how to check a traffic police fine by resolution number here.

How to find a car by license plate number through State Services?

The car number also allows you to receive information about fines through a search on the State Services portal. If an interested person uses the services of the State Services website, he needs to do the following:

1. log in to the resource using your username and password;
2. select section ";

   

3. go to “Car and traffic fines”;

   

4. in the field that opens, click the “Get class=”aligncenter” width=”700″ height=”475″[/img]
5. enter the required data and click “Find fines”;

   

6. wait for the result.

   

After this, the information will be provided. You can find out how to find fines by car number here, and how to check through State Services, read in another article.

Position of the Supreme Court: abolish parking fines

The woman turned out to be persistent and complained to the Supreme Court, which took the following position:

• in this situation, it was possible to do without a protocol on an administrative offense only if the violation was recorded by a special automatic device (Part 3 of Article 28.6 of the Administrative Code “Imposition of administrative punishment without drawing up a protocol”);
• the lower courts did not examine how the ParkNet complex works - automatically or with the help of an operator.

In 2021, the case was returned by the Supreme Court for a new trial (No. 5-AD 20-113).

Challenge a fine for parking on the sidewalk and lawn

To challenge a sanction for parking on a sidewalk or lawn imposed by the State Traffic Safety Inspectorate in 2021, you must, within the same ten-day period, file a corresponding complaint with the territorial body of the department or with the court at the place where the offense was committed. In this case, the reasons may be as follows:

• errors when indicating the date and zone of the offense;
• incorrect application of traffic rules;
• other procedural violations.

In this case, you may also need the help of a qualified lawyer who will correctly formulate your application and select sufficiently compelling grounds for it.

Review of the case: parking fine canceled

The Ostankino District Court, re-examining the case, turned to the resolution of the Plenum of the Supreme Court No. 20 of June 25, 2021.

It says that automatic mode is when the device is not influenced by a person in any way and it records all violations that fall into its lens, for example, when installed on a vehicle.

Since the case materials do not contain confirmation that the ParkNet agro-industrial complex operated without the participation of an operator, the court dismissed the proceedings for lack of proof of the circumstances.

When is it possible to cancel a parking fine?

The mode of operation of the fixing complex (manual or automatic) is of decisive importance in similar cases.

The Plenum of the Supreme Court, in Resolution No. 20 of June 25, 2021, clarified the concept of “automatic complex” and explained what to do if the filming was carried out using a telephone, video camera or video recorder: in this case, the standard procedure for bringing to justice applies. A “letter of happiness” cannot come automatically.

Established judicial practice has established that ParkNet is not a special technical device, since it does not make measurements, but performs the functions of a photographic means.