1. If the chain letter contains no coordinates of the location of the violation at all.
1.1. You can challenge the protocol! There must be a date, time and place where the offense was committed.
2. My phone number is 89773203866. Did you receive a letter of happiness from the Home Money company?
2.1. And what? You probably took money from them and didn’t repay it all? Or did they just send it to you))?
2.2. Most likely they are scammers! Probably something like “...your number has been selected...”.
2.3. Aliya, well, be happy if you received a letter of happiness :)
If you took out a loan and did not pay it back, they have the right to go to court. If this happens, contact a lawyer for protection.
3. If you did not receive a letter of happiness during the fine for platon, you will receive it a month later.
3.1. And what’s the question, I’m not a fortune teller.
3.2. If you receive a decision late to impose liability in the form of a fine, you are not deprived of the right to appeal such a decision.
Thus, by virtue of Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation, a complaint against a resolution on an administrative offense can be filed within 10 days from the date of receipt of a copy of the resolution. For example, if you received a copy of the decision on March 20, the last day of appeal will be April 1, 2019: counting from March 21, including March 21, 10 calendar days, it turns out to be March 30, but since this is a day off, the last day of appeal is postponed to the first working day - Monday, April 1st.
4. I lost my phone and they charged me 400 rubles (megaphone) and sent me a letter of happiness.
4.1. If you have not applied to block your SIM card, it will be difficult for you to prove that you did not use it.
in any case, write a statement about blocking the SIM card and that it is not your fault. If you refuse to pay voluntarily, the operator will go to court and issue a court order, which can be canceled.
After which they can file a claim, and in court you will be required to prove that you did not use this SIM card. It can be done, but it requires cost and time. If you are ready, write.
4.2. I lost my phone and they charged me 400 rubles (megaphone) and sent me a letter of happiness.
Hello, you should file a police report about your lost or stolen phone.
4.3. Hello, Vyacheslav! Unfortunately, if you have not blocked your SIM card, then the mobile operator has grounds to collect the amount of debt from you.
Sincerely, LAW FIRM "ZAKON".
5. I received this letter of happiness. What to do and how to behave in this situation?
5.1. This is an offer to voluntarily pay a debt. If refused, the creditor actually has the right to recover through the court, and then through the bailiffs. No one will deprive you of legal protection; if the statute of limitations has expired, you can report it. Art. 196 Civil Code of the Russian Federation.
Therefore, you can either pay the debt, but specify the details of the creditor, or wait for them to go to court.
5.2. Hello Anton! Don't worry, the truth is on your side, just like the law. I’m ready to help you get rid of your loan legally, without going bankrupt. As confirmation, I can throw out court decisions in favor of the borrowers.
6. A letter of happiness has arrived, but it does not indicate a 50% discount. The question is why?
6.1. Such “LETTERS” do not indicate the deadline for paying the fine; this is provided for by the current legislation, so if 20 days have not expired, you have the right to pay 50% of such a fine.
7. What needs to be done to ensure that letters of happiness are sent to an address other than your registered address?
7.1. Everything is very simple. You need to change your registration address. This can be done in relation to any city in which you are located.
7.2. Hello, chain letters will definitely arrive only at your place of registration, you can write an application to have them sent to you at another address, but they will still arrive at your place of registration. There will also be an option to write an application at the post office to forward mail correspondence to another address. Such an application is written once a year.
7.3. ☼ Hello,
Letters of happiness will always arrive only at the place of your permanent registration, there will be no other way
I wish you good luck and all the best!
7.4. Good afternoon, dear Olga
To do this, you need to change your registration and then they will come to your place of residence
Good luck to you and your loved ones!
8. I received a letter of happiness for stopping in the coverage area of sign 3.28 from the Parkon system, but according to the rules, stopping is not prohibited this time, and secondly, there was no sign there, what to do.
8.1. Hello.
You can appeal the decision within 10 days from the date of its receipt in accordance with Chapter 30 of the Code of Administrative Offenses of the Russian Federation.
9. The violation took place on 07/23/19, the “happiness” letter did not arrive, and today on 11/23/19 a court order arrived on what to do, where to complain about this mess.
9.1. Hello.
For what reason?
10. Today a “letter of happiness” arrived; the time was 7:40 in the morning. At this moment I was at home, as I had to work at 9:00
10.1. File a complaint with the head of the traffic police at the place where the decision was made or in court.
11. 07.10.2019 I violated the speed limit of the traffic rules. I received a “letter of happiness” by mail, which indicated the date of consideration and adoption of the decision - November 13, 2019. Has the deadline for issuing a decision been violated?
Thank you.
11.1. The statute of limitations is 2 months. The deadline has not been violated.
12. Yesterday I received two letters of happiness, a parking fine of 2500, and twice at different times... There was a sign on the windshield allowing parking for a disabled person. Since all the disabled seats were occupied, we were placed in a place where there was no “disabled person” sign and went to the hospital.
Question: are the fines legal, is it possible to appeal, is it worth going to court? Are there any chances to win?
12.1. There is no chance for you, you stood twice in different places not intended for disabled people.
13. I have overdue fines for drinking alcohol in the wrong place, I want to pay but I lost them, letters of chain “how can I pay them now and what punishment can I face?
13.1. Hello, Alexey.
According to Part 1 of Art. 20.25 Code of Administrative Offenses of the Russian Federation
1. Failure to pay an administrative fine within the period provided for by this Code -
shall entail the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a term of up to fifteen days, or compulsory labor for a term of up to fifty hours.
You can find out about the fines imposed from the body (official) that brought you to administrative responsibility. However, it is better to do this in your personal account on the government services website or on the website of the Federal Bailiff Service of the Russian Federation in the debt section (if enforcement proceedings have been initiated against you).
If you have any questions or require additional assistance, please contact me via private message.
If a violation of traffic rules is recorded by an automatic camera, then not a protocol is drawn up, but immediately a resolution on an administrative violation. The resolution with the attachment of materials that were obtained using video cameras is issued in the form of an electronic document. A copy of the resolution on paper is sent by registered mail. The letter must be sent within 3 days from the date of the decision.
However, it is not at all excluded that, in order to save money, the fine may be sent by regular mail. In this case, the letter may lie in mailboxes for months - there have been precedents in my practice.
If you received the decision by registered mail, then the 10-day period allotted for appeal is calculated from the day you signed for receipt of the letter. If the letter is ordinary, then it turns out that any date can be specified as the day on which the letter was received. However, in the case of a registered letter, there is one caveat: if you do not go to receive it, then it will remain in the mail for only 7 days, and then will be returned to the addressee at the traffic police department. From the moment of return, the decision on the administrative offense will come into force.
Then, after the 60 days you have to pay (regardless of whether you received a receipt or not), traffic police officers will send the administrative violation case to the court, and the court, in turn, will send a writ of execution to the bailiff service.
Of course, in order to collect a fine, say, in the amount of 1,500 rubles, bailiffs will not come to your home and will not begin to describe your property. However, if you want to apply for a loan, you will most likely be refused. But the most unpleasant surprise in this situation may be the disruption of a foreign vacation trip, when with already purchased tickets and a voucher you will be denied travel right at the airport. True, the latter, again, does not apply to any debts, but only over 10,000 rubles.
Therefore, if there are no objections to the decision you received, pay the fine and be honest with yourself. In case of non-payment, the amount of the fine doubles, and sometimes the fine can even be replaced by arrest for up to 15 days.
What to do if you received a fine that you did not commit?
Let's consider several options:
Option one. If the photograph shows the registration number of your car, but the car is not yours (although it may look the same), then within 10 days from the moment you receive a copy of the decision, file an application with the court at your place of residence. There is no need to pay state duty. In the application, indicate what the discrepancy is, and at the same time send a complaint to the Internal Affairs Directorate.
Most likely, the camera recorded a “double” - a car with fake license plates and documents that drives somewhere in another region. Be sure to complain to the police about this, do not ignore it! The presence of a “double” can complicate the sale of the car, since the new owner may be denied registration.
If, for some valid reason - due to illness or a business trip - you were unable to file a complaint within the period given for appeal, but still intend to fight for the truth, then in the text of the complaint ask to restore the period for appeal. And indicate the reason for violating this deadline, confirming it with documentary evidence - this could be a travel certificate or sick leave.
Option two. You lent your car to a friend, comrade, brother, and he committed several offenses for which you will now have to answer. What to do? Take him by the hand and go with him to the traffic police department, let him confess. If you confess, then it will no longer be possible to punish you for the violation. Yes, and it will be difficult to punish him - his confession will have to be sent to the traffic police department that services the territory in which he violated, and only there it will be possible to initiate an administrative case against him.
But if your friend does not confess, then you will bear the punishment. But on the other hand, you will know that this very comrade of yours is completely yours, as in Vysotsky’s song “neither friend nor enemy, but just like that.”
Back to the topic:
What to do if you received a ruling about a violation that you committed a year ago? As I noted above, after making a decision, traffic police officers are required to send it to you by registered mail within three days. However, their failure to fulfill this obligation does not exempt you from paying the fine. In this case, if there is a violation committed by you, you will have to pay.
It is not surprising for our country that people who have sold their cars a long time ago sometimes receive a fine. Unfortunately, the quality of work of traffic police officers, whose responsibility is, among other things, to update the database, leaves much to be desired. Because of this, former car owners regularly receive transport tax notices for cars that they no longer have. A man sold his car a long time ago, but according to the traffic police database he is still its owner.
In this case, contact the Traffic Police Department in writing, and if this does not help, you will have to file an application with the court at the place where the decision was made. Attach a copy of the vehicle's passport to the application (if it remains), which indicates that the car has changed ownership. If you no longer have such a document, then petition the court to request information from the traffic police about who the car is currently registered to.
And finally, don’t forget to at least occasionally check on the traffic police website to see if you have any fines, especially if you are planning to fly on vacation. For example, while I was writing this article, I checked - there are no unpaid fines. Good luck!
Motorists who did not receive a fine on time due to problems have to spend a lot of time in traffic police departments to regain their legal right to a discount. Now, after the amendments to the Code of Administrative Offenses have come into force, it is possible to restore the grace period much easier and faster. However, it turned out that some traffic police inspectors had not heard about the new changes.
A resident of Chelyabinsk, Alexey Nikolaev (name changed at the request of the hero of the article), found himself in such a situation this spring. Filmed a motorist while he was driving through the city in violation of traffic rules. According to Part 3 of Art. 12.9 of the Code of Administrative Offenses, for driving at an excess speed of 40 to 60 km/h, he received a fine of 1 thousand rubles. The notice of the decision was delivered by mail: Nikolaev picked up the letter the next day, but it turned out that it was sent 37 days ago. This meant that it was no longer possible to pay the fine at a discount - according to the Administrative Code, 20 days are allocated for this from the date of the decision.
The motorist was not satisfied with this state of affairs, and he went to the local Center for Automated Recording of Administrative Offenses (CAFVP). At an appointment with a specialist, he presented an envelope with a stamped date of receipt and a resolution. There he asked to be reinstated with the required discount, since the letter was late through no fault of his. However, he received a categorical refusal. The traffic police inspectors, according to the driver, convinced him that there was no reason to launch a new report. And they advised me to pay the fine in full as soon as possible. Then the driver turned to a specialist for help.
Leading lawyer of the European Legal Service Orest Matsala, who represented the interests of the driver, said that the motorist initially had the right to restore the grace period for paying the fine. He recalled that the Constitutional Court (CC), examining a similar case back in 2017, allowed the 20-day period allocated for payment of an administrative fine to be extended.
Photo: Victoria Demidova / Photobank Lori
The reason for this verdict was a complaint from motorist Yuri Reinhimmel. In Moscow, he received a fine from a photo-video recording camera for minimal speeding - 500 rubles. The letter with the fine arrived too late for him. To prove his right to a discount, the driver had to go to the Constitutional Court. In his statement, he complained about the unconstitutionality of applying such a rule to him. After all, he did not receive the letter for reasons beyond his control. Accordingly, he was unable to protect his rights. The court not only ruled in favor of the motorist, but also issued an order to amend the Code of Administrative Offenses, allowing drivers to restore their right to the benefit. Also in its decision, the Constitutional Court demanded that lower courts be guided by the Constitution and not refuse drivers to consider such complaints.
But until the end of 2018, the courts perceived the verdict of the Constitutional Court as advisory: the lawyers interviewed by the site admitted that completely different decisions were made in similar cases and that no unambiguous practice had developed. However, as Matsala explained, the changes to the Code of Administrative Offenses required by the Constitutional Court came into force on December 27, 2018 - with the advent of this norm, the life of drivers has become significantly easier.
So, according to the new part 1.3. Art. 32.2. Code of Administrative Offenses “Execution of the resolution on the imposition of an administrative fine”, in the event “if a copy of the resolution on the imposition of an administrative fine, sent to a person held administratively liable by registered mail, arrived at his address after the expiration of twenty days from the date of such resolution, indicated the term is subject to restoration by the judge, body, official who made such a decision, at the request of the person brought to administrative responsibility.”
“Drivers finally have a clear mechanism for action,” Matsala said. — Guided by this new norm, we drew up a petition addressed to the person who issued the fine and his immediate superior. The appeal indicated all the circumstances: when the fine was issued, when the notification of a registered letter arrived, and copies of the stamped envelope were attached. And they asked to restore the deadline for paying the fine at a discount. In this situation, it is important that the driver behaved in good faith - he did not shy away from receiving the letter, came to the post office, and presented the notice. If such a “chain letter” were simply returned, it would look as if the driver ignored the notice. But in our situation everything was obvious. As a result, the very next day the car owner’s request was granted.”
The lawyer admits that the Chelyabinsk driver was lucky - the traffic police could have issued a ruling to refuse the application. Then such a refusal could be appealed in court within 10 days. “Drivers faced with such a situation can appeal to a higher-ranking official at the traffic police or to the district court. With the updated legislation, the courts will be more willing to accommodate drivers halfway. The main thing is to prove that you did not avoid receiving the letter and behaved in good faith.”
The lawyer also believes that the arguments of traffic police officers about the need to use special programs and applications for tracking fines cannot serve as a reason for refusing to restore the payment period with benefits. Because the Code of Administrative Offenses very specifically describes an example of a registered letter that did not arrive on time.
Photo: Anton Belitsky / Global Look Press
“The Code of Administrative Offenses of Russia does not provide for the mandatory installation of special applications,” says the expert. — It’s good that such methods exist, but not all car owners are active. However, it cannot be ruled out that paper chain letters may disappear in the future. This innovation may affect buyers of new vehicles that will be registered in the future. For example, now in Russia they are introducing electronic vehicle passports - it is quite possible that not only information about maintenance, repairs, accidents, but also about fines will be linked to them. And car owners will be asked to check their personal accounts without fail, rather than wait for paper fines.”
At the end of 11 months of 2018, State Traffic Inspectorate employees issued 122.2 million decisions to impose administrative fines. 119.7 million of them could be paid at a discount, the Russian Ministry of Internal Affairs said. As a result, taking into account the discount, which is valid for 20 days from the date of the decision, motorists paid 78.7 million fines, or 65.7% of all decisions (for the same period last year, this figure was 61.3%).
You can obtain information about administrative offenses in the field of road traffic on the State Services Portal of the Russian Federation, on the official website of the State Traffic Inspectorate (GIBDD.RF) in the online service “Checking Fines”, as well as on the Unified Portal of State Services. With a discount, it is not possible to pay fines imposed for repeated violations of the rules, as well as for drunk driving or refusal of a medical examination.
In Moscow alone there are now about 1,400 cameras on the roads. With their help, in the first quarter of this year, the capital's budget was replenished by violating motorists by an impressive amount - more than a billion rubles.
Main violations: speeding, violation of parking and stopping rules, driving on a dedicated lane or shoulder, failure to comply with markings and signs determining the direction of movement along the lanes. But the list of violations recorded by cameras is constantly expanding. The Moscow Traffic Management Center says that over time, cameras will record 17 types of violations!
We receive and pay
Fines come to us by mail. If the contents of the letter do not raise objections, you must pay the fine within 70 days (10 days to appeal from the date of receipt and 60 days to execute the decision).
Let me remind you that now the fine can be paid with a 50% discount if you do it within 20 days from the date of registration of the decision. True, this is not always possible. Russian Post has never been known for its speed of delivery. And we receive decisions very late. And how often do we look into mailboxes?
But the problem can be solved. To do this, I recommend registering on the State Services website and subscribing to notifications about fines. Then, immediately after completing the decree, you will receive an SMS notification on your mobile phone or an email and you will be able to pay half as much. Keep in mind that if the fine was not issued by a traffic police officer (in Moscow, for example, this function can be performed by MADI employees), then you will not receive a notification.
For those who disagree
If, after receiving a “letter of happiness”, you see a mistake (instead of your car in the photo there is another) or you are sure that you did not violate the rules, you need to appeal the decision. The procedure for appealing is, in principle, the same as for ordinary decisions about the driver’s guilt in violating traffic rules. The difference is in the details.
The Code of the Russian Federation on Administrative Offenses establishes the following. If the offense was recorded by cameras operating in automatic mode, the resolution is issued electronically with a photograph of the violation attached.
The fine is sent to the owner of the vehicle. The law, unfortunately, specifies the non-working principle of the presumption of innocence in such cases. Therefore, it is you who are obliged to prove your innocence - if you trusted someone with your car, you will have to prove it.
It also happens that fines from cameras come after the car is sold. And all because the new owner did not make changes to the registration documents. In this case, a copy of the purchase and sale agreement must be sent along with the complaint.
In any case, before you go to court, consider how justified it is. It’s one thing when you are given a fine for violating parking rules, for example, but the photo is not your car. Or the parking location in the photo does not correspond to the address specified in the resolution. In this case, you have all the trump cards in your hands. If you try to cancel the decision, citing the fact that you did not see the prohibitory sign, you can hardly count on an acquittal.
And it may turn out that the costs of appealing will be greater than the amount of the fine itself.
How to file a complaint
There is no single form of document. The Administrative Code sets certain requirements for the content of your application.
The complaint must indicate:
Where is it served?
Who is the statement from?
Which ruling is being challenged?
On what grounds should it be cancelled?
In your complaint, describe the situation in as much detail as possible and why you do not agree with the decision made. Since the responsibility to prove innocence rests with the driver, serious evidence is required to overturn the decision.
So, for example, if you are accused of speeding, you can attach to the complaint data from a video recorder (on electronic media), which records the speed of movement. If we are talking about a violation of markings, and you did not commit a violation, the record from the registrar will also help to get the decision canceled.
If you have been issued a fine for unpaid parking in a paid parking zone, and you have paid, any confirmation of the transfer of money will help. This could be a printout from a mobile phone account or from a bank card. But if you are sure that you were standing in an authorized place, and the resolution indicates a violation of the requirement of the sign “3.27” (Stopping is prohibited), it will be difficult to prove your innocence. After all, you will have to provide convincing reasons confirming the absence of a ban on stopping in a specific place.
Don't forget to attach a copy of the decision to your complaint.
Where to send a complaint
The law gives drivers the opportunity to choose where to send their appeal: to a higher official in the traffic police (another body authorized to consider administrative cases) or to a district court.
If you file a complaint in court, you must send it to the authority where the offense was committed. The address of a specific court can be found on the Internet. To do this, in any search engine it is enough to indicate: “jurisdiction at the address...”. A large number of sites will help you decide which court will hear your case.
Having chosen to appeal to a higher-ranking traffic police official, send the application directly to the same address from which you received the letter of happiness. There your protest will be sent to the required authority.
If you do not want to waste time on proceedings, you can indicate in the complaint itself a request to consider the case without you. Of course, this will make it impossible to present additional evidence and give more detailed explanations. But the cost of visiting a debriefing group at the traffic police or participating in court hearings can take a lot of time and money.
Recently, you can file a complaint electronically through the traffic police website. But I would recommend the regular paper version. In this case, you will always have “correspondence” in your hands, which may be needed during further proceedings.
Deadlines for filing and consideration of a complaint
The application is submitted within 10 days from the date of receipt of a copy of the decision. If you find a chain letter in your mailbox too late, it's okay. Along with the complaint, write an application to restore the deadline, in which you indicate exactly when you learned about the fine and why you did not have the opportunity to file a protest earlier. Both the courts and the traffic police, as a rule, always meet halfway and accept the complaint.
The traffic police have 10 days to consider a complaint, and the court has 2 months from the date of receipt. In fact, the opposite happens: despite the strict deadlines prescribed by law, the traffic police may take longer. In court, such cases are usually dealt with quickly.
Chain letters: pay or appeal?
