TO THE CRIMINAL JURISDICTION
(The name of the criminal court of peace where the traffic violation is committed will be written here)
APPEAL: TR Identity Number and Open Identity Information, name, surname, father’s name, etc. and address information.
DATE OF ISSUANCE OF THE MINUTES SUBJECT TO THE OBJECTION:../../20..
DATE OF DELIVERY OF THE MINUTES SUBJECT TO THE OBJECTION:../…/20..
SUBJECT OF OBJECTION: Place of Crime (For example: Bursa) Traffic control branch directorate, …..Amirlik …. about the cancellation of the fine written in the traffic fine report no. dated ….. serial, …..
EXPLANATIONS:
1- My private car registered to 34 XX 111 registration plate; Referring to the provision of the article …. of the Highway Traffic Law, “….” The annex, dated ../../20.., which was cut in my absence on the grounds that the crime was committed, total ….. TL. Paid traffic ticket report was prepared and notified to me on ../../20..
2- The traffic fine report, the information of which is written above, was issued in my absence on ../../20… according to the registration plate of my vehicle and was notified to me on ../../20.. months later.
Article 10 of the regulation on “the principles and procedures to be applied in the collection and follow-up of traffic fines and the documents to be used” titled “Procedures to be taken for the minutes drawn up according to the registration plate”;
“In accordance with the provisions of Article 116 of the Highway Traffic Law,
according to the registration plate by the officials within the limits of the authority.
prepared minutes;
a) According to the archive records of the institution where the vehicle is registered, the owner or operator of the vehicle is determined (if there is more than one, in the first place) the empty places of the report are filled and the relevant person is notified in accordance with the provisions of the notification law numbered 7201 and a copy of the report is sent to the relevant property fund for tracking and collection. The notification process starts within 10 (ten) business days. In the notification made, it is stated that for the penalties applied in this way, they can appeal to the competent court within 15 (fifteen) days from the date of notification. The objection suspends the payment and the period related to the payment. However, the decisions made on appeal are final. He is the judge.
Pursuant to the provision of the aforementioned article, the notification of the traffic fine report to the addressee, that is to me, must be initiated within 10 days.
However, as can be seen in the attached report, there is a long period of time between the alleged violation of the rule and the date of notification. It is obvious that the notification was not made in accordance with the provisions of the relevant regulation. The report was drawn up on ../../20.. and according to the clear regulation, the notification process should have been made until ../../20.. at the latest (10th day after the date of issue of the minute), while the report was served to me months later. to do so constitutes a violation of the procedure and the law.
3- On the other hand, the crime of “………………..” stated in the said criminal record was not committed by me. Since the date of the report was issued months ago, my right to defense stemming from the Constitution has also been restricted. The notification, which was made in violation of the said regulation, was made in a timely manner that would eliminate the justifications for my objection.
For this reason, considering article 10/a.b of the said regulation, it should be decided to cancel the fine written in the traffic report, which is the subject of the objection, which is unlawfully notified. Regarding this issue, the Istanbul 3rd Criminal Court of Peace
dated 22.05.2006, 2006/129 d.is, 2006/129k. The decision given in the file no. and attached to it is in line with my objections.
CONCLUSION AND REQUEST: For the reasons that I have tried to explain above, I respectfully submit and request that my objection be accepted and the cancellation of the fine written in the illegal traffic fine report. ../../2015
OBJECTING
Name and surname
Signature
ATTACHMENTS:
1- The traffic control branch directorate, which is the subject of the objection, is the …… chief of …. Date
A copy of the traffic ticket with serial no.
2- Two copies of the license of my vehicle with license plate …..
3- Regarding this issue, the Istanbul 3rd Criminal Court of Peace
dated 22.05.2006, 2006/129 d.is, 2006/129k. Decision from file no.
4- Copy of identity card.
