The company was charged a small administrative fine for speeding recorded by surveillance cameras by the driver of a company car. A significant time after the payment of the fine, the bailiff of the Boksitogorsk District Department of Bailiffs of the Federal Bailiff Service (FSSP) for the Leningrad Region also collected an enforcement fee from the company, the amount of which was several times higher than the amount of the previously paid fine for traffic violations.
The enforcement fee is a monetary penalty imposed on the debtor for failing to voluntarily comply with the enforcement document on the specified time period. This period is 5 days from the date the debtor receives the decision to initiate enforcement proceedings.
Citing the fact that the company was not sent a decision to initiate enforcement proceedings, in connection with which the company did not receive it, could not receive it, and, accordingly, the five-day period for voluntary payment of the fine did not even begin to run, we applied to the Arbitration Court of St. Petersburg and the Leningrad Region with a statement to invalidate the FSSP decision to recover an enforcement fee from the Company.
During the consideration of case A56-36200/2021, the FSSP Department for the Leningrad Region did not submit evidence of notifying the Company of the initiation of enforcement proceedings to the materials of the court case, in connection with which the court granted our application to challenge the decision to recover the enforcement fee. The court decision was not appealed and came into force; court costs were subsequently recovered from the FSSP in favor of the Company.
