When you leave a store or office and your car is not there, it always causes shock and panic. If the car was missing, and there are no traces of an accident nearby, most likely, it was evacuated by traffic police officers together with the service. forced evacuation. At this point, it is important not to give in to emotions, but to act clearly according to the law to minimize financial losses and time.
The first thing to do is to make sure that the vehicle is not stolen, namely moved to a specialized vehicle. lock-station. Police officers are required to leave a leaflet under a janitor or at a parking spot, but it is often torn down by vandals or the wind. In this case, you should immediately call the duty station or check the status through online services, since storage time in the parking lot is often charged daily.
Further actions of the owner directly depend on the reason for the detention and the presence of documents. If you managed to get to the car before the tow truck starts, you have every right to do so. remove the cause of detention on the spot, presenting the rights and leaving, paying only for the work of special equipment, if it has already been called, but not started.
However, if the car is already loaded and the tow truck has moved from the spot, it is physically forbidden and dangerous to interfere with the process. You will have a trip to the traffic police unit to draw up a protocol and then visit the parking lot to receive your property. It is important to understand that not only the owner can take the car, but also the person who has the right to take it. warranty Or in the OSAGO policy.
How to find out where the evacuated car is
The search for the car begins with the determination of the traffic police unit, which initiated the evacuation. In major cities such as Moscow or St. Petersburg, there are unified information systems that allow you to find a car by license plate in real time. In regions, this information is often available through duty stations or municipal service hotlines.
To obtain accurate data, you will need to know the state registration number of the vehicle. The operator will inform the address of the parking lot, the traffic police unit where the case is stored, and the reason for the detention. It is also important to know if you have already signed up. protocol about an administrative offense, because without it the car will not be given.
โ ๏ธ Warning: Do not try to steal your car from the parking lot yourself or with the help of friends. Such actions are qualified as a smug and entail criminal liability, as well as additional fines for damage to seals and locks.
If phone calls do not give results, you should personally contact the nearest traffic police station. The inspector of the duty unit on the database will quickly establish the location of your TC. Remember that the search time directly affects the total amount that you will have to pay for storage.
In some cases, the car can be moved from one parking lot to another, which creates confusion. Therefore, before leaving for the parking lot, be sure to double check the relevance of the information by calling there again.
Procedure for obtaining a car
The procedure for returning a vehicle is strictly regulated by the Administrative Code. The first step is always to visit the traffic police unit, which is indicated in the certificate of detention. It is there that the protocol is drawn up and a fine is issued.
In the office you need to provide a package of documents confirming the right to own or use the car. After the data are verified, the inspector will issue a written permit for the vehicle to be issued. Without this document, the parking lot staff is not allowed to open the gate.
Then you go directly to the parking lot. There you pay for evacuation and storage services (if payment is required before delivery in your area) and conduct a visual inspection of the car. Only after signing the act of acceptance and transfer you can leave the territory in your car.
โ๏ธ Checklist of documents for the traffic police
It is important to note that since 2016, there has been a rule that allows you to pick up the car before the actual payment of the fine and evacuation services. You are required to pay these costs within 60 days, but parking staff are not entitled to claim money on the spot unless it is stipulated by local regulations, which, however, are often challenged in court.
Required documents for the return of the vehicle
The list of documents required to rescue the car depends on who is applying for the car. If it is the owner, the package is minimal. If the car is taken by a third party, additional legal paper will be required.
For the owner of the car must present the originals of the following documents:
- ๐ Passport of a citizen of the Russian Federation (for identification of the person).
- ๐ Vehicle registration certificate (VAT).
- ๐ Driver's license with an open corresponding category.
- ๐ Compulsory insurance policy OSAGO (acting).
If the car is pledged to the bank or it is arrested, the procedure may become more complicated, and additional certificates are required. In the case when the car comes not the owner, a notarized power of attorney or a simple written power of attorney from the owner, where the right to receive the vehicle from the parking lot is clearly prescribed.
The absence of even one of the listed documents will be a legal basis for refusing to issue a car. Therefore, before traveling to the traffic police and to the parking lot, you should carefully check the presence of all the papers in the original.
What to do if the documents are left in the car?
If the documents were in the cabin of the evacuated car, you first need to go to the parking lot. The parking officer will open the car (or remove the seal) in your presence so you can retrieve the documents. Only after that you can go to the traffic police to issue a permit for issuance, and then return to the parking lot for the final receipt of the car. This is the only legal way to avoid double payment for evacuation when re-taking a car.
Cost of evacuation and storage in the parking lot
Financial issues are one of the most painful for owners. Tariffs for evacuation and storage are set by regional authorities, so in Moscow, Novosibirsk or Vladivostok the amounts may differ significantly. The cost depends on the category of the vehicle and its power.
Usually, the tariff is as follows: a separate fee is taken for the evacuation itself (movement) and a separate fee for each day (or even hours) of storage in the parking lot. For passenger cars with an engine up to 80 hp The price will be minimal, while trucks and buses will have to pay a significant amount.
Below is an approximate table of tariffs (on the example of the capital region, it is relevant tentatively):
| TC category | Cost of evacuation (ruble) | Storage cost (day) | Engine power |
|---|---|---|---|
| Category A, B (up to 80 hp) | ~ 3 000 - 5 000 | ~ 1 000 - 1 500 | up to 80 hp |
| Category B (80-250 hp) | ~ 5 000 - 7 000 | ~ 1 500 - 2 000 | 80 - 250 hp. |
| Category B (over 250 hp) | ~ 7 000 - 10 000 | ~ 2 000 - 3 000 | over 250 hp |
| Trucks | ~ 15 000 - 30 000 | ~ 3 000 - 5 000 | Anybody. |
Payment for services can be through banking applications, terminals at the parking lot or at the cash register. It is important to keep all checks and receipts as they are proof of repayment of the debt. In some regions, a quick payment (within 20-30 days) may be a discount, but this is not guaranteed by federal law.
Take a photo or video of the car immediately after it is received from the parking lot. This will help prove that new scratches or dents did not appear during storage if you decide to file a claim.
Inspection of the car and fixation of damage
When you get a car, you take responsibility for its technical condition. Therefore, the examination should be thorough. The parking lot staff is obliged to give the car in the same condition in which it was accepted, but in reality there are different situations.
Carefully inspect the body for new chips, dents and scratches that were not before the evacuation. Pay special attention to the places of attachment of the tow paws, wheels and bumpers. If you find damage, they must be recorded in the act of reception and transfer.
โ ๏ธ Note: If you sign the certificate of acceptance of the car without comment, and later find damage, it will be almost impossible to prove the involvement of the parking lot. Consider that the signature confirms the absence of claims.
In case of damage, request the drawing up of a deed of damage to property. To confirm your words, invite independent witnesses or use video from your smartphone cameras. Without documentary fixation, the claims will be unfounded.
Also check the availability of items in the cabin. Although the parking lot is responsible for the safety of the car, for valuables left in a visible place, they may not be liable if the integrity of the cabin has not been violated. However, if the seals were torn or the locks were broken during loading, this is also fixed.
Can I take my car without my owner?
The law does not require the owner to be present to return the vehicle. The car can be taken by any trustee. This is convenient if the owner is away, sick or simply does not have time.
That would require a power of attorney. It can be written by hand in simple writing, notarization for obtaining a vehicle from the parking lot is usually not required if the power of attorney is clearly spelled out. The document must indicate the passport data of the owner and the trustee, the car data and the phrase about the right to receive the vehicle from a specialized parking lot.
The trustee presents his passport, original documents for the car (which must be in his hands or obtained through the autopsy procedure described above) and the power of attorney itself. The procedure in the traffic police and in the parking lot is similar.
Power of attorney for receipt of the car does not require notarization, the ownerโs own signature and passport data of both parties are sufficient.
It is worth remembering that all fines and evacuation costs in this case are paid by the one who came to pick up the car, or they remain hanging on the owner, who then can demand compensation from the trustee by agreement.
What to do if your vehicle is damaged during evacuation
Damage to the car during loading or unloading is a common phenomenon. Tow trucks do not always work neatly, especially if it is a low clearance or all-wheel drive machines that require special loading methods.
If you see damage immediately, the algorithm of actions is as follows:
- ๐ Don't leave the locker area.
- ๐ธ Take detailed close-up photos of the damage and general photos with reference to the terrain.
- ๐ฎ Contact the parking manager to draw up a damage report.
- โ๏ธ Write a report to the police about damage to property.
An independent examination should be conducted to assess the damage. With the results of the examination and the act from the parking lot, you can apply to the court or claim compensation in the pre-trial order. Usually, organizations that own special equipment have civil liability insurance, which covers such risks.
However, if you left and caught up at home, it will be extremely difficult to prove that the scratch appeared in the parking lot, and not on the way to home. In this case, only a recording from CCTV cameras will help, which you need to request promptly until it is overwritten.
Can I get my car at night or on weekends?
The schedule of the traffic police and traffic police departments often differs. Traffic police, where the permit is issued, usually operates according to a standard schedule (MN-pt, 9-18). Penalty parking often work around the clock or have an extended schedule. However, without the permission of the inspector (which can be obtained online in some regions or in advance), the car will not be given at night.
What happens if you donโt take the car for months?
If the owner ignores the requirements to take the vehicle, a debt for storage accumulates. After 3 months (the term may vary), the organization has the right to apply to the court for recognition of the car ownerless and its subsequent sale at auction. The proceeds will be used to cover the debts, and the balance (if any) will be returned to the owner.
Can I challenge the parking ticket?
Yes, the administrative offence order can be appealed within 10 days of receipt of the copy. To do this, you need to file a complaint with a higher official or in court. The reason may be the absence of signs, incorrect markings or technical malfunction of the signs.
Do I have to pay a traffic police fine before getting a car?
No, by law, you can not demand payment of a fine before issuing a car. The fine can be paid later, within 60 days (plus 10 days for entry into force). However, evacuation and storage services are often required immediately, although this requirement is legally controversial in many cases.
Where do I put things from the car if it is in the parking lot?
Personal items remain in the salon. You have the right to pick them up at any time of the parking lot, by presenting documents. The employee will open the car in your presence. If things are missing, it's a reason to report theft to the police.