How to cancel AMPP and MADI illegal enforcement proceedings?
- September 5, 2022
- 0
Our journalist’s quest to challenge the Moscow parking fine in court is overgrown with new cases, as it is now fashionable to say. Recall that, in violation of
Our journalist’s quest to challenge the Moscow parking fine in court is overgrown with new cases, as it is now fashionable to say. Recall that, in violation of the law, even before the final court ruling, the GKU AMPP initiated an enforcement action, promising to pay the defendant a double fine, and threatening to initiate proceedings for an administrative violation. However, as our correspondent discovered, it is still possible to resist this outright lawlessness.
The story itself began in June 2021, when an employee of the AvtoVzglyad portal was fined for not paying for parking. It was decided to appeal to the Ostankinsky District Court. The case was not heard until April 2022 and the court, of course, refused to comply with the complaint – to cancel the fine due to the insignificance of the damage caused.
In April, a complaint against this decision was lodged with the Moscow Court. However, the AMPP, which had been notified in advance of the further appeal in the case, either did not receive it or simply ignored it. Therefore, on August 15, the department initiated an enforcement procedure to collect a fine.
“The next day after we learned of the initiation of enforcement proceedings, we immediately sent a request to the GKU AMPP to revoke the above act of the Federal Bailiff,” attorney Mikhail Nikitin explained to the AvtoVzglyad portal. – This is possible in cases where the decision has not yet entered into force due to the fact that an appeal is being lodged with a higher court. At the same time, we sent a request to the bailiff-executor to end the enforcement procedure through a personal account on the government portal. At the same time, they filed an administrative claim against the bailiff to recognize his actions and the actions of an official of the GKU AMPP as unlawful …
Furthermore, the journalist of our publication visited the Moscow Transport office, where he handed over copies of documents confirming the appeal against the decision on the fine for unpaid parking in the Moscow Court. The documents submitted persuaded the officials not to file a case for an administrative violation, but found no grounds to withdraw the enforcement procedure. For example, this requires a court ruling that they have accepted the claim for consideration. The bailiff also refused to comply with the request for termination of the enforcement procedure and found insufficient grounds for doing so.
“But already on September 1, two days after the bailiff refused to comply with common sense and the letter of the law, the AMPP sent us a notification that the GKU had received knowledge of the appeal against the case in the Moscow Court. and therefore the department has withdrawn the enforcement procedure. And the next day, the termination confirmation was received from the FSSP. On the one hand, the desired result was achieved in principle, but only thanks to a quick response, and on the other hand … the sediment was left behind, because if the GKU AMPP had accepted the information about the appeal to our notification immediately we would not have to spend so much time to sending letters, complaints, a trip to the “Moscow Transport”, – complains Mikhail Nikitin.
The conclusion of all this is not the most optimistic. For a motorist who has never encountered Mosparking before, moving all these mountains for easy proof that officials’ actions are illegal is simply beyond their control. It is good if a person is legally educated or has outside support.
But in most cases, a humble car owner, faced with the arbitrariness of the system and seeing that enforcement proceedings have been launched against him, and even threatened with “administrative work”, will simply pay and want to forget all this like a bad dream . It is even sadder that there are no consequences for officials who allow such arbitrariness…
Photo avtovzglyad.ru
Photo avtovzglyad.ru
The story itself began in June 2021, when an employee of the AvtoVzglyad portal was fined for not paying for parking. It was decided to appeal to the Ostankinsky District Court. The case was not heard until April 2022 and the court, of course, refused to comply with the complaint – to cancel the fine due to the insignificance of the damage caused.
In April, a complaint against this decision was lodged with the Moscow Court. However, the AMPP, which had been notified in advance of the further appeal in the case, either did not receive it or simply ignored it. Therefore, on August 15, the department initiated an enforcement procedure to collect a fine.
“The next day after we learned of the initiation of enforcement proceedings, we immediately sent a request to the GKU AMPP to revoke the above act of the Federal Bailiff,” attorney Mikhail Nikitin explained to the AvtoVzglyad portal. – This is possible in cases where the decision has not yet entered into force due to the fact that an appeal is being lodged with a higher court. At the same time, we sent a request to the bailiff-executor to end the enforcement procedure through a personal account on the government portal. At the same time, they filed an administrative claim against the bailiff to recognize his actions and the actions of an official of the GKU AMPP as unlawful …
Furthermore, the journalist of our publication visited the Moscow Transport office, where he handed over copies of documents confirming the appeal against the decision on the fine for unpaid parking in the Moscow Court. The documents submitted persuaded the officials not to file a case for an administrative violation, but found no grounds to withdraw the enforcement procedure. For example, this requires a court ruling that they have accepted the claim for consideration. The bailiff also refused to comply with the request for termination of the enforcement procedure and found insufficient grounds for doing so.
“But already on September 1, two days after the bailiff refused to comply with common sense and the letter of the law, the AMPP sent us a notification that the GKU had received knowledge of the appeal against the case in the Moscow Court. and therefore the department has withdrawn the enforcement procedure. And the next day, the termination confirmation was received from the FSSP. On the one hand, the desired result was achieved in principle, but only thanks to a quick response, and on the other hand … the sediment was left behind, because if the GKU AMPP had accepted the information about the appeal to our notification immediately we would not have to spend so much time to sending letters, complaints, a trip to the “Moscow Transport”, – complains Mikhail Nikitin.
The conclusion of all this is not the most optimistic. For a motorist who has never encountered Mosparking before, moving all these mountains for easy proof that officials’ actions are illegal is simply beyond their control. It is good if a person is legally educated or has outside support.
But in most cases, a humble car owner, faced with the arbitrariness of the system and seeing that enforcement proceedings have been launched against him, and even threatened with “administrative work”, will simply pay and want to forget all this like a bad dream . It is even sadder that there are no consequences for officials who allow such arbitrariness…
Source: Avto Vzglyad
I’m Sandra Torres, a passionate journalist and content creator. My specialty lies in covering the latest gadgets, trends and tech news for Div Bracket. With over 5 years of experience as a professional writer, I have built up an impressive portfolio of published works that showcase my expertise in this field.
