Contents
Situations where you may need to dispute a chain letter can be very different. The most common reason is an error in the decision. It is no secret that the system of photo and video recording is far from perfect.
Why file a complaint
It is not uncommon for drivers to receive fines for violations they did not commit. For example, s received receipts for a speed that their car could not physically develop, or because of the shadow of a car that was moving along the side of the road. Although there are other grounds for appealing the fine. Let’s say you weren’t driving, or the fine came because of a double car. The only case when we advise against complaining is if you really violated traffic rules.
Procedure
We tell you how to properly challenge a fine from the traffic police camera.
1. The receipt definitely needs to be appealed. What to do?
First you need to decide on who issued the decision. In everyday life, all penalty receipts are called “traffic police fines”, but in fact another body can issue them. For example, in Moscow, the Moscow Administrative Road Inspectorate (MADI) and the Administrator of the Moscow Parking Space (AMPP) are responsible for punishing parking violations. Therefore, look at the decision, who exactly made it.
2. Found. What’s next?
Now you must file the complaint itself. Please note that this must be done within 10 days from the date of receipt of the decision. The method of filing a complaint depends on the authority that issued the fine. For example, a traffic police fine can be challenged on the official website of the State Traffic Inspectorate or in person at the relevant department or higher authority. And, say, a fine for improper parking issued by MADI in Moscow can be appealed on the Avtokod portal, by mail (Moscow, Kalanchevskaya street, 49) or in person. In any case, you need to provide a motion to dismiss the case, signed in your own hand, a copy of the decision on both sides, as well as materials confirming your innocence – for example, photo and video materials, checks, screenshots, copies of a receipt for payment of a resident permit, etc. The more of the latter, the better. After filing a complaint, you should be given an official answer about its satisfaction or refusal.
3. My complaint was denied. Everything is lost?
No, everything is just beginning. Unfortunately, local authorities are in no hurry to annul penal orders, even when they are issued with obvious violations. Therefore, the next step in the appeal procedure is to go to court, namely, to the district court of the area where your car was recorded. The documents for appeal remain the same, plus the text of the complaint is attached to them (its samples can be found on the Internet). You can file a complaint either in person or by sending a registered letter with a list of attachments.
4. The trial took place, but they still consider me guilty. That’s it?
It’s too early to give up. You can file a complaint against the decision of the district court with a higher authority, that is, with the court of the subject of the federation (for example, the Moscow City Court). There you need again
state the available arguments in favor of his innocence, supporting them with available documents. Please note that an appeal is not a quick process. It can easily take six months from the moment the decision is received in hand to the consideration of the case in the regional court. If you still failed, then you can file a complaint with the presidium of the court. If they refuse you there, there is one more possibility – to complain to the Supreme Court of the Federation. This is the highest judicial body, but there is no need to be surprised. Often, drivers were only able to achieve justice there.
5. Wouldn’t it be easier to just pay the fine?
Unfortunately, this is often the case. Appeal of “letters of happiness” in Our Country is not an easy process, and requires not only moral stability, but often money. After all, you need to send documents, appear at court hearings (sometimes even in another region) and waste time. Therefore, it is often really easier to pay a fine, even if you definitely did not violate anything. In addition, in most cases, there is a 50% discount on fines if paid within 20 days of the decision being made. Say, by paying 400 rubles instead of 800, you will lose much less strength, nerves and even money than if you spend them on appealing a fine. On the other hand, by paying an unfair receipt, you encourage a system in which fines do not serve to punish the guilty, but act as a kind of tax. Therefore, defending one’s rights in courts should be considered not only from the point of view of benefits, but also as a fundamental struggle for building a just society and a state of law.
6. What else can be done?
In addition to complaints, there is another good way to draw attention to your problem – the media. Oddly enough, officials do not like it when the activities of their department are covered in a negative way. Therefore, if you received a really absurd receipt, it makes sense to tell reporters and social networks about it. For example, a fine for a shadow moving along the side of the road was canceled after a wave of publications passed in the publications, and millions of readers learned about the decision. Therefore, fame in this case is your advantage, and even a small publication can play a role. In any case, we wish you good luck in challenging unfair rulings.