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Petition For Appeal Against Parking Ticket

Petition For Appeal Against Parking Ticket

ANKARA ON DUTY ( ) CRIMINAL COURT OF PEACE

CANCELLATION OF TRAFFIC ADMINISTRATIVE FINE

OBJECTOR : A….. B….. (T.C.:………………)

ADDRESS

REPRESENTATIVE :

ADDRESS

SUBJECT OF OBJECTION

MINUTES :T.C. Ankara Motorway Bureau Office’s …/…./2021 Date, … Series, …….. Sequence Numbered, Traffic Administrative Fine Decision Record with a Total Amount of … TL

DRAFTING OF MINUTES

DATE : …/…/…/…. time … : …

NOTIFICATION OF RECORD

DATE :../../….

SUBJECT OF OBJECTION : T.C. Ankara Motorway Bureau Office’s …/…./2021 Date, … Series, ………. It is our request for the cancellation of the fine written in the Traffic Administrative Fine Decision Record with Sequence Number.

EXPLANATIONS

Client A….. B…..’s 06 …. … licence plate vehicle belonging to client A…. B…. With the allegation of “Forbidden Fixed Parking” on the date ……. General Service Policeman with registration number B….. C….. has issued a Penalty Report (Annex-1) with the serial and sequence number written above. This report ../../../…. It was served to the client’s address on …/./.

Since the report subject to the objection, which was issued in the absence of the client, was issued unfairly and irregularly, it has become necessary to submit our request for the cancellation of the report and the elimination of the penalty to the discretion of your Court.

First of all, it should be noted that the aforementioned report does not have legal elements. According to the Highway Traffic Law, the type of violation, date and place of violation must be shown completely and accurately in the penalty report to be issued. However, it is not clearly stated in the minutes where the alleged parking ban violation was committed; only the phrase “Batıkent …. Street entrance” was used as the location.

.

The alleged violation, which is not based on any concrete evidence, was not committed by the client. The client was not even present at Batıkent … Street, where the violation was alleged to have occurred on that date. It is clear that the report subject to the objection was inadvertently kept in the absence of the client.

In addition, the traffic fine report does not contain any video recordings showing that the client’s vehicle was parked in the area where parking was prohibited. It is obligatory that the video recordings of the violation of the parking prohibition rule must also be notified with the penalty report, and the said report is also against the procedure in this respect. It is clear that the minute subject to the objection was not issued as shown in the law. The penalty imposed is unfounded and irregular.

As stated above, the client did not violate the parking ban rule. The report issued without any evidence is unfounded, unfair and irregular. The client has not violated any rule that would constitute a violation of the relevant provision of the KTK. In this respect, we apply to your Court for the cancellation of the unfairly issued penalty report and the elimination of the penalty.

LEGAL GROUNDS : TCC, CPC, Law on Attorneys and other relevant legislation

EVIDENCE :

Ankara Traffic Supervision Branch Directorate Traffic Regulation and Supervision Bureau Office’s ../../…. Date and … Serial No., …….. Order Numbered Traffic Administrative Fine Decision Record (issued by Police Officer B… C…. with Registration Number ………), Photocopy of the licence, Expert report (If deemed necessary), Any other evidence

CONCLUSION AND REQUEST:

For all the reasons explained above and to be taken into consideration by your Court ex officio,

1-Accept our justified OBJECTIONS against the action taken against the client,

2-Ankara Traffic Supervision Branch Directorate Traffic Regulation and Supervision Bureau ../../…. Date and … Serial No., …….. (issued by Police Officer B…. C…. with registration number ………) of the Traffic Administrative Fine Decision Record,

3-We request and demand that the penalty determined by the minutes be cancelled. 20/12/2021

 

Objector

…………….

 

 

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