What to do if a fine from the traffic police turns into a court debt

Sometimes a traffic police fine may be issued incorrectly or paid at an increased rate. A citizen may notice the inaccuracy only after the funds have already been deposited. Facing such a situation is puzzling. Most people believe that the money they overpaid is irretrievably lost and do not try to do anything about it. However, the law allows you to return a traffic fine. It will be possible to carry out the action only in a number of situations. To know in advance how to act, it is worth familiarizing yourself with the latest information on the topic.

When can I get my traffic fine paid back?

Most citizens try to pay off their debt as quickly as possible. Haste in closing obligations may result in entering incorrect payment details or entering too large an amount. The law establishes a list of situations in which it is allowed to return a fine to the traffic police. This is possible if:

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the citizen paid the fine imposed twice;
funds were transferred using incorrect details;
the penalty was paid by a person who was not brought to administrative liability;
the fine was cancelled.

If the current situation is included in the above list, the citizen has the right to apply for a refund.

How to return a paid traffic fine

Where to apply for a refund. You will have to contact two organizations:

for the receipt. Return to where you paid the fine. This could be a State Services website, a bank or a third-party service. For example, “Traffic Police Fines” stores receipts in your personal account.
for a refund. Submit an application for a refund of the paid traffic fine to the inspection department in person or send it by mail. Contacts of the State Traffic Inspectorate are on paper and on the website. Use a sample application.

Required documents. To get your money back, attach the following documents to your application:

copy of passport - double-pages with full name and registration;
receipt;
your bank account details for the transfer;
a copy of the resolution, if available.

Submission deadlines. The traffic police is obliged to consider the application within three years after payment.

This application for the return of a traffic police fine is a sample. and fill in with your details. Attach copies of your passport, receipts and bank details

This is what a bank receipt looks like. Attach a copy of it to the complaint

Code of Administrative Offenses of the Russian Federation

Before applying for a refund of a traffic police fine, you should familiarize yourself with the current legislation.
Today there is no special legal act regulating the specifics of the procedure. The provisions regarding overpaid cash contributions to the state treasury are recorded in Part 2 of Article 161 of the Budget Code of the Russian Federation. In accordance with the provisions of the regulatory legal act, the decision on the return of funds is made by the revenue administrator. The process is carried out in the manner established by the Ministry of Finance of the Russian Federation. The rules regarding the implementation of the procedure are not fixed in the Code of Administrative Offenses of the Russian Federation. Additionally, the letter of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation No. 03-02-07/1/5873 dated February 28, 2013 is taken into account.

Required documents

In order to return the overpaid money for a traffic police fine, you will need to prepare a package of documents. It should include:

a copy of the passport of the person obliged to pay the fine;
a document confirming the presence of an error;
original and copy of the payment document confirming the payment of the required amount of funds;
application for return of capital, drawn up in writing.

Additionally, you must indicate the details of the bank account to which the refund will be made.

Required documents

It is clear that refunding payments is a bureaucratic procedure and is impossible without providing certain documents. If the fine is paid twice by mistake, you will need:

A document confirming the identity of the applicant and its copy. In most cases we are talking about a passport.
The decree on the imposition of a penalty, according to which payment was made.
Documents confirming the error of payment - a resolution to cancel the collection, a second receipt for payment.
A document containing the account details to which the refund should be made.
A receipt confirming the fact of payment of funds.

How to write a refund request

To initiate the procedure, you must write an application for the return of an overpaid fine. There is no official form for this document, but it must be drawn up in compliance with the basic rules of office work:

The address part is placed in the upper right corner of the sheet, which should include:
FULL NAME. the applicant, his passport and address details, contacts (telephone, email).
Below, in the middle of the line, the name of the document is “Application”.
The main part reflects:
details of the fine payment receipt;
reasons why the money should be returned;
details for returning funds;
list of documents attached to the application.
At the end - the date the paper was drawn up and the applicant’s signature with a transcript.

Step-by-step instructions for returning a traffic fine

If a citizen wants to return a traffic fine, he will have to perform the following steps:

Contact an authorized organization. You need to submit an application to the Ministry of Internal Affairs. Experts advise you to first call the department that assessed the monetary penalty and clarify your questions. Additionally, you need to find out the name of the head of the department. You will need to write an application in his name.
Prepare a list of required documents. It is imperative to include in it payment documents confirming that the funds were deposited, as well as supplement the list with papers that make it clear that the amount was overpaid or transferred to the wrong details.
Fill out an application and contact the appropriate branch of the authorized body. Typically, the application must be submitted to the territorial unit of the Ministry of Internal Affairs that issued the fine.
Wait for a decision. Analysis of the application takes about a month. Then a decision is made. If the verdict is positive, a refund will be issued. Funds will be credited to the details specified in the application.

The video describes one of the options for returning a traffic police fine.

Instructions for returning money for a traffic fine

So, summing up all of the above, we can say that with the following algorithm the payer has a chance to get the fine paid back:

Deal with whoever issued the incorrectly paid fine. Perhaps by calling the department that issued the fine, you can get a faster answer.
Collect the necessary documents.
Prepare an application.
Send all collected documents by mail to the head of the department, or send an appeal using the Internet portal of the traffic police website gibdd.ru.
In a maximum of 30 days you will receive a response from the traffic police.

What reason should I give?

When filling out an application for a refund, a citizen must indicate the reason for applying for capital. The law does not establish mandatory requirements for the information that must be contained in this paragraph. As a reason, a person can record the following data:

the amount was overpaid;
the funds were collected incorrectly;
capital was re-introduced.

If a ready-made application is used, the list of reasons for applying for funds can be indicated in advance in it. The person will only have to emphasize what is needed.

What documents are needed?

Attention
Refunds of funds contributed to the state treasury in excess can be carried out if the person provides the necessary documents.

The list includes:

civil passport (a copy will be required);
documentation confirming that an error occurred;
receipt of funds deposited into the budget;
an application for the return of an overpaid amount (must be strictly in writing);
details of the bank account to which the transfers were received.

Application form for refund of traffic fine

There is no legally prescribed form of the document. The paper is drawn up in simple written form. However, there is a number of information that must be recorded in the application. In order for the authorized body to agree to consider the application, the following information should be provided:

information about the official to whom the application is sent;
Full name of the person submitting the application;
reasons for contacting the authorized body;
information about the decision on the basis of which the fine was imposed;
information about the document confirming the deposit of funds to pay off obligations;
the reason on which the applicant demands the return of funds;
bank account details for capital return;
date of application;
signature of the person submitting the application.

If a citizen is faced with the need to fill out an application for the first time, he may experience difficulty in the process of completing it. To simplify the procedure, experts advise using a sample. It's possible.

When you can't get your money back

The motorist can get the re-paid fine back if he substantiates his claim and supports it with documents.

You will not be able to get your money back for a double-paid traffic fine if:

in the application the motorist did not indicate the basis for the return;
there are no supporting documents, for example, the fine was paid in cash, but the receipt was lost;
the applicant applies about someone else's payment, for example, a husband writes to the traffic police about a fine that his wife paid again.

Where and how to send documents?

The administrator of the income that the state receives from fines issued for traffic violations is the traffic police. It is this organization that makes the decision on the return of overpaid funds. To return the capital, the citizen must find out which department to contact. Depending on the specifics of the current situation, the application must be submitted to the city or regional traffic police department. Additionally, you need to find out the name of the head of the department.

The application must be submitted in writing. It can be taken personally to the office or sent by registered mail with notification. The response will be provided within 30 days from the date of registration of the request.

Where to go for a return

The application along with the attachments must be submitted to the traffic police or the organization that monitors parking. As a rule, to do this you will have to come to the unit in person or go to the nearest Russian Post office.

Directly to the inspection. Find the address of the traffic police department, check the office hours and hand in the documents in person. Be sure to take your passport with you.

Send by letter. Sometimes it is easier to send papers by letter. Choose a registered letter with a description of the contents and a notification of delivery. The traffic police must return the money for a double-paid fine within a month from the date of delivery.

Through the Autocode website of the Moscow City Hall. In Moscow, MADI and AMPP return money for fines paid twice by electronic request. This applies to only one violation - parking in the wrong place. To receive a refund, fill out the application form.

To the help section if you paid through shtrafy-gibdd.ru. Describe the problem - we will try to help with a refund.

Statute of limitations

The law does not contain provisions regarding the statute of limitations for returning a traffic fine. The current regulatory and legal acts reflect only the right of a citizen to receive excess deposited funds back. The decision to approve or reject an application is made individually.

Experts advise not to delay in preparing documents and submitting an application to the authorized body. It is better to perform the action immediately after the citizen discovers that the fine was paid in a larger amount or was transferred using the wrong details. Otherwise, there is a risk of the application being rejected. Such a decision can only be declared invalid in court. The application will be granted even after a long period of time, if the citizen can prove that he was unable to contact the authorized body on time due to valid reasons. The following situations are recognized as such:

presence of disease;
insurmountable circumstances that prevented the submission of an application in a timely manner;
relative's illness.

All facts will need to be documented. Otherwise, they will not be taken into account. If there is a trial, the chance of a positive decision will be increased by the competent formation of the evidence base.

Refund of the traffic police fine due to the cancellation of the decision

Current legislation allows the driver to appeal the adopted decisions. The action can be performed within 10 days from the date of delivery of a copy of the resolution. This rule is enshrined in Article 30.3 of the Code of Administrative Offenses of the Russian Federation. The missed period can be restored. To do this, you will need to prove that the request was not completed in a timely manner due to compelling reasons. The list of such situations includes:

disease;
the presence of force majeure circumstances;
caring for a seriously ill loved one.

You can file a complaint against the decision directly with the person who issued it, or file an application with the court.

If a citizen first paid a fine to the traffic police and then appealed the decision, he can return the money. To do this, you need to prepare an application and complete a list of standard actions. The decision on the return of capital will be made depending on individual characteristics and the current situation.

Refund of a repaid traffic fine

In practice, drivers often pay the fine twice on their own, making a mistake. However, it is also possible to force funds to be written off again. This situation may arise if it comes to involving bailiffs. There are known cases when a citizen deposited money, and FSSP employees again debited the money from the driver’s account. The error occurs because the database was not updated in a timely manner.

Faced with such a situation, a citizen must prepare an application and a package of documents confirming that the traffic police fines were written off twice. Then you will need to contact the authorized body and wait for its decision. Within a month, the person will be informed of the answer. If it is positive, the money will be returned. In case of refusal, the driver has the right to go to court.

Actions in case of refusal

If a citizen believes that his application was rejected unlawfully, he has the right to go to court. To do this, you will need to file a statement of claim. The document is drawn up in accordance with standard requirements. The application must be supplemented with a list of documentation confirming the plaintiff’s right. The preparation of the evidence base must be approached carefully. The final decision largely depends on it. If the court decides that the plaintiff’s rights were indeed violated, the funds will be returned.

Sample application

Particular attention should be paid to filling out the application. The final decision largely depends on it. The format of the document is not legally fixed. Therefore, you can compose it yourself. The form must be submitted in writing. It must contain a list of required information. In order for the authorized body to agree to consider the application, the following data will be required:

information about the person who will consider the application;
personal data of the author of the application;
the reasons that prompted the citizen to contact the authorized body;
information about the decision in accordance with which the punishment was applied;
information about the document confirming the fact of depositing funds;
the grounds on which the person expects to receive the amount back;
bank account details for refund;
date of application and signature of the applicant.

The document is drawn up in accordance with generally accepted standards of office work. If a person is faced with the need to fill out an application for a refund of a traffic police fine for the first time, he may experience a number of difficulties. To reduce the risk of errors, it is recommended to use a ready-made sample.

to return a traffic police fine in WORD format.

Refund of fine via Autocode

If a person is a resident of Moscow, he can return overpaid funds for a traffic police fine using the Autocode portal. To carry out the action, you need to visit it, then select the appropriate item and enter the data in the application. It will have the same shape as during standard handling. If the resolution has been lost, a citizen can request it using the portal.

Review of a completed application takes 30 days. If it turns out that the citizen really has the right to a return of capital, the application will be approved. The deadline for transferring funds is not regulated. The status of the application can be tracked. The action can be performed through your personal account on the portal or using an electronic subscription. Today the service is operating in test mode. Therefore, sometimes there is a malfunction in its work. A citizen must be prepared for this.

Nuances

Experts advise making payments online through Sberbank. The fact is that classic checks confirming the deposit of funds quickly fade. This happens at great speed if you hold them in the light. Without receipts, it will not be possible to return overpaid funds. Using Sberbank online allows you to print a payment document any number of times. This will protect a person from losing the right to return capital due to the lack of the necessary list of documents.

Refunding an overpaid traffic fine is a rather lengthy procedure. The citizen will have to wait at least a month. During this period, the submitted documents will be analyzed and a decision will be made on the return of capital. The deadline for transferring funds if the application is approved is not regulated by current legislation. Experts advise to be extra careful when making payments and try to avoid over-depositing funds.

Is it possible to get money back for a fine paid by mistake?

If the driver has paid the fine twice or other errors have occurred (there are many options), the payer will rightly ask how to get the money back. Practice shows that such a possibility exists in a number of cases, so the answer to the question of whether it is possible to return an overpaid fine to the traffic police is affirmative. There is a possibility of a refund if:

An amount exceeding the amount of the imposed penalty was paid - for example, the driver did not take advantage of the 50% discount, although he had the right to do so.
Payment was made using incorrect details. The payer or the bank employee processing the payment may make a mistake. In this case, first of all, you need to pay off the debt using the correct details, and then apply for a refund of the prepayment.
Payment was made according to the resolution, which was canceled. Sometimes the driver deposits the money and then decides to appeal the penalty order. A refund of the paid traffic police fine after the decision is canceled is possible.
The fine was paid twice. There are different reasons - for example, the driver forgets to make the payment again, or there is an error in the system, so the bailiffs collect the amount of the already repaid debt. Of course, the driver is not to blame for this, and it is quite possible to return the overpayment for a fine.
Sometimes there are cases of paying a fine for other drivers. The traffic police will not count such a payment, but it is possible to return the money.