How to return a paid fine after the decision is canceled

How to return an overpaid traffic fine?

Good afternoon, dear reader.

This article will talk about how to return money for a previously paid traffic fine. I would like to note right away that the opportunity to return money applies only to those administrative fines that were collected illegally or erroneously.

So if the driver paid a legal fine, it will not be possible to get the money back. In practice, the majority of such fines are imposed. However, there are several situations in which an overpaid fine can be returned. Let's take a closer look at them.

In what cases can money be returned for a fine?

Let's consider several typical situations in which the driver has the right to return money for a fine:

• Overpaid money. For example, the driver forgot about the opportunity to pay the fine with a 50 percent discount and paid the full amount.
• Payment of one fine twice. A similar situation may arise due to the inattention of a driver who repeatedly pays for the same fine. However, in practice a different situation is common. The driver knowingly pays the fine, but after a few months the bailiffs forcibly withdraw money for the same fine from one of the driver’s accounts. This usually happens due to errors made in the databases.
• Paid fine under the canceled decision. For example, a driver first knowingly paid a fine, and then went to court and was able to get the order to impose a fine overturned.
• An error was made in the payment details. An error can be made either by the driver himself or by the bank employee preparing the payment document.
• Paying a fine for another driver. The driver must pay the fines himself, otherwise they will not be counted towards the traffic police.

Pay attention to the last 2 points. If the fine is paid incorrectly, it must be paid again (using the correct details), and only then the overpaid money must be returned.

How to return a traffic fine paid by mistake?

So, first of all, you need to determine which organization you should contact to request a refund of the fine. In any case, the revenue administrator is one of the departments of the Ministry of Internal Affairs. All that remains is to understand which one it is.

First, call the department whose employees imposed the administrative fine. The telephone number must be indicated on the resolution or can be found on the official website of the traffic police.

Call the phone number provided and find out which department is responsible for refunding erroneously paid fines in your region. In addition to the name of the unit, also find out the name and position of its head, because It is in his name that the application must be written.

Documents required to return money for a fine:

• Statement.
• Passport.
• Payment document confirming payment of the fine.
• A document confirming that the fine was paid incorrectly (for example, a second payment receipt, in case of repeated payment of the same fine).

Application for refund of fine

An application for refund of an overpaid fine must be made in simple written form. However, this document must include the following information :

• The official to whom the application is sent, as well as your full name and address.
• The essence of the application is the return of an overpaid fine.
• Data from the resolution on the basis of which the fine was imposed.
• Details of the document confirming payment of the fine.
• The reason why the money should be returned.
• Details of the bank account to which the money will be returned.
• Date and signature.

If you wish, you can use the form and example of filling out the application below:

After filling out the application, all that remains is to take the documents to the appropriate traffic police department. The application will be reviewed within 30 days, after which the fine will be transferred to the details specified in the application.

Good luck on the roads!

Updated: August 24, 2018

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Good afternoon! I paid fines for another person online through Sberbank. There were 7 fines, so it turned out that I paid a fine in the amount of 2500 RUR 2 times. This parking fine was photographed by a data center car. Is there a way to get the money back?

Sarah , hello.

The law does not prohibit the return of a fine that was paid by mistake.

Good luck on the roads!

Good evening, I have a question. Paid a fine of 30 thousand. He was deprived of it under Article 12.8 of the Code of Administrative Offenses of the Russian Federation. 10 days have already passed and in government services and other databases it is listed as overdue. I paid the fine through Sberbank from a cashier-operator using the details specified in the court order, I looked at everything correctly in the payment receipt, not a single digit was wrong, but in the fines appendix yesterday I noticed that the UIN number differs by the last 5 digits from the UIN number specified in the resolution , although the number of the resolution is the same in both cases. Well, the question is whether the money could have gone in the wrong place and what to do in this situation. Otherwise, in 1 year and 4 months I will still have to return my rights, God forbid it gets out of hand

Ilya , hello.

I recommend that you contact the traffic police department with a statement now. In the application, indicate that you are asking to find out why the fine is still listed as unpaid. Please attach a copy of your payment receipt to your application.

Next, wait for the traffic police’s response and act depending on the content of this response.

Good luck on the roads!

Hello. 10 resolutions were issued regarding violation of the movement of a truck in the MKAD area by photo recording cameras in September 2017. The fines were paid with a 50% discount and each fine was challenged in the territorial court of the city of Moscow, because This car had a pass for movement within the Moscow Ring Road zone. The courts take a very long time; we received the last court decision only in April 2018. A letter was sent to the head of TsAFAP (formerly the State Traffic Safety Inspectorate) of Moscow with copies of court decisions and details for the return of the amount of money. Still no answer or hello. Go to Moscow to visit the traffic police and hang out in the corridor? and we live 1200 km from Moscow and tickets and accommodation will cost about the same amount. Tell me what to do in this situation and what time limits exist for claiming decisions challenged and canceled by the court. Thank you.

Larisa , hello.

1. First of all, try calling the specified traffic police department and clarify whether they received your letter and when to expect results from it.

2. I did not come across the maximum period within which a fine can be returned in the regulatory documents. As for the traffic police, as a rule they return fines within 30 days from the date of receipt of applications. The issue is discussed in this forum thread.

How can I get my money back for a paid traffic fine?

In practice, monetary penalties may be issued erroneously, or a citizen will pay an excessive amount when paying a traffic police fine. Often, inaccuracies are discovered only after the funds have been transferred. Finding themselves in such a situation, most citizens are confident that they have irretrievably lost the overpaid amount. However, the law allows you to return money for paying a traffic police fine. To do this, you must act in accordance with the established scheme. The procedure for returning money for a traffic police fine does not always end in success. Therefore, it is important to comply with established standards.

When can I get my money back for a traffic fine?

Most citizens of the Russian Federation fall into the category of careful payers. They strive to close the outstanding monetary penalty as quickly as possible. Haste increases the risk of errors. The law allows car owners to return excess deposited funds when paying a traffic fine. The right to do so is present in the following situations:

1. Cash provided in excess. If a citizen makes a payment within 20 days after receiving the fine, he is entitled to a 50% discount. If the full amount has been paid, you will be able to receive a refund.
2. The decision in accordance with which the monetary penalty was imposed was canceled. The situation arises if a traffic police fine is deliberately paid, and subsequently the citizen goes to court and manages to prove the unlawfulness of the collection.
3. The citizen paid the fine twice. Usually the driver's carelessness is to blame for the situation. Another reason is also possible. The car owner voluntarily deposits funds, and after a few months the bailiffs forcibly write off the amount. This is usually caused by an error in the database.
4. Incorrect details were entered when paying the fine. A mistake can be made by the car owner himself or the bank employee who accepted the payment.
5. A monetary penalty was paid for another person. The law obliges the person to pay independently. Otherwise, repayment of the foreclosure will not occur.

For your information

The last two situations deserve special attention. If a fine was entered incorrectly, you must pay it again. Recovery of overpaid funds will occur after the procedure has been completed.

Options for returning money for a paid traffic fine

Initially, you need to decide on the authority to which you will need to contact. The Ministry of Internal Affairs is responsible for the return of fines. You just need to find out which department you need to contact. It is important to pay attention to the institution that issued the monetary penalty. It will handle the return. A citizen may be faced with the need to interact with:

It is recommended that you first contact the employees of the organization that imposed the administrative fine. The telephone number is usually indicated on the decree form. When you manage to get through by phone, you can ask which institution you need to contact to get your money back. During a telephone consultation, it is recommended to find out the position of the head of the organization in whose name it is necessary to submit an application for the return of the overpaid amount.

Law on the return of money for an incorrectly paid fine

Today there is no legal act regulating the procedure for returning a traffic police fine. The provision regarding the receipt of overpaid funds is reflected in Article 161 of the Budget Code of the Russian Federation. It says that the decision to return the amount is made by the revenue administrator. Additional nuances are not fixed in the legislation.

What documents are needed?

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

The list includes:

Registration of return

If a citizen plans to return money for a paid traffic fine, he will have to follow a certain procedure. The step-by-step diagram looks like this:

1. Find out which agency you will need to contact. The procedure is initiated by submitting an application. It is recommended that you first call the authorized body and ask questions. During the conversation, you will be able to find out the information that will be required to fill out the application.
2. Prepare a package of documentation. The list must include payment papers confirming the fact of depositing funds. Additionally, documents are required demonstrating the transfer to the details or payment of the excess amount.
3. A statement is drawn up. It must be in writing. Then the documents are included in the list of papers and sent to the appropriate government agency. You must contact the organization that issued the fine.
4. Wait for a decision to be made. It will take one month for the traffic police to make a verdict on the return of the fine. The citizen will then be informed of the decision. If it is positive, the money is returned. The transfer is made to the details specified in the application.

What reason should I indicate in the application for refund of the traffic police fine?

When drawing up an application, the citizen must indicate the reason on the basis of which the refund is made. The requirement for information that must be presented in this paragraph is not specified in the law. A person has the right to indicate the following reasons for returning money for a fine:

• the traffic police fine was paid twice;
• Too much money has been deposited;
• the collection was carried out unlawfully.

You can use a ready-made form to fill out. The reasons are usually immediately recorded in it. The applicant can only highlight what is needed.

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.

Download a sample application for the return of a traffic police fine in WORD format.

Where should the documents be submitted?

The application for a refund is written to the head of the institution who drew up the resolution on the application of a monetary penalty. A citizen may be faced with the need to contact:

Documents must be submitted in writing. Submitting an application for a refund of a traffic police fine is carried out during a personal visit. An alternative is to send documents by registered mail. The presence of a delivery notification is important. You will receive a response within 10 days. The period begins to count from the moment of registration of the fact of the appeal (Article 30.5 of the Code of Administrative Offenses of the Russian Federation).

Refund of money for a fine after the decision is canceled

There are no provisions in the current legislation that allow the return of fines paid in connection with the cancellation of a decision. However, in Art. 160.1 of the Budget Code of the Russian Federation states that the list of powers of the revenue administrator includes the right to carry out the procedure.

To return money for a traffic fine, you will need to write a statement. It is sent to the authority that issued the resolution. The document should display the following information:

• information about the person to whose address the document is sent;
• information about the applicant;
• document's name;
• information about the fine;
• details of the document confirming payment of the monetary penalty;
• request for a refund;
• information about the bank account to which the refund will be made;
• the applicant's signature and date of filing the application.

If the authorized body refuses to make a return, it is permissible to go to court.

How to return an overpaid fine to the traffic police?

The complaint is sent to the head of the institution whose employee made the decision, or directly to the court. Monetary penalties can be paid, and subsequently appeal the need for payment. In this situation, standard actions are taken to return the overpaid funds for the traffic police fine. The final verdict depends on the specifics of the current situation.

How to return a re-paid traffic fine?

A citizen can independently make a mistake and deposit money twice. In this case, you will need to prepare a package of documents confirming the fact that the amount has been paid several times. Then you contact the institution that issued the fine. Next we just have to wait for a decision. The answer will be provided within 10 days (Article 30.5 of the Code of Administrative Offenses of the Russian Federation). If it is positive, the money will be returned. In another situation, a citizen can appeal the decision by going to court.

What to do if the bailiffs wrote off an already paid traffic fine?

Funds can be written off twice and forcibly. The situation is possible if it comes to involving bailiffs. There have been cases when the driver paid the traffic police fine on his own, and a representative of the organization again debited the amount from the account. The situation arises because the database is not updated in a timely manner. In this case, you need to act in exactly the same way as if you paid double the amount yourself.

Refund of fine via autocode

If a person lives in Moscow, he can use the Autocode portal to return the traffic police fine. It allows you to return overpaid funds. To do this you will need:

1. Go to the official page of the Autocode organization on the Internet.
2. Hover your mouse over the Appeals section and select the required authority.
   
3. In the list that appears, click on the item Refund for a paid fine.
4. Go through the authorization procedure on the portal. The action will be carried out through government services.
5. Provide the required information by filling out the online form.
6. Send a request. The review procedure takes 30 days. If the citizen has the right to a refund, the application will be approved.

The service is operating in test mode. Therefore, malfunctions in its functioning are possible.

What should you do if you mistakenly wrote off a traffic police fine from someone else’s card?

If an error occurs, you will need to write a statement to the authority that issued the resolution. The application must reflect the request for a refund of funds for paying the traffic police fine. The document must be supported by evidence. It is permissible to start a trial. The application is reviewed in the standard manner.

Actions in case of refusal of a refund

In practice, citizens' demands are not always met. Having received the application, representatives of the authorized body may give a negative answer to the return of money for the traffic police fine. If the person does not agree with it, legal proceedings must be initiated. For this purpose, a statement of claim is drawn up. All arguments presented must be supported by evidence.

If a citizen is issued a monetary penalty for violating traffic rules, it is better to use the capabilities of Sberbank Online. Classic checks confirming the fact of payment quickly fade. If the receipt is damaged, the refund will not be possible. If the payment is made online through Sberbank, you will be able to print the payment document an unlimited number of times.

The administrative fine has been canceled, but has already been paid: how to return it

Sometimes organizations and entrepreneurs manage to challenge an administrative fine imposed on them by inspectors from control and supervisory authorities (for example, for violations of cash procedures, fire regulations, labor laws, etc.). But by this time the fine may already have been paid. Accordingly, we have to think about how to get it back from the budget. We will tell you where and with what documents you need to apply for a refund.

The issue of refunding the fine was resolved upon appeal

If, when appealing the decision to impose a fine, you simultaneously asked to cancel this decision and return the fine to you. Resolution of the Federal Antimonopoly Service No. A62-6991/2012 of July 25, 2013, and the court decided to return it, then you can use clause 3 of Art. 239, paragraph 1, art. 242.3, paragraph 1 of Art. 242.4, paragraph 1 of Art. 242.5 BC RF:

• independently apply for a refund to the treasury authority where the personal account of the control (supervisory) body to which you paid the fine was opened. In this case, you need to submit a document under clause 2 of Art. 242.1, paragraph 1 of Art. 242.3, paragraph 1 of Art. 242.4, paragraph 1 of Art. 242.5 BC RF:

• a statement indicating the details of the bank account to which the fine amount should be returned;
• performance list;
• a copy of the judicial act on the basis of which the writ of execution was issued;
• a copy of your payment slip for payment of the fine;

• ask the court to send the writ of execution to the treasury body by filing a corresponding petition. Attach to the petition an application for the return of the fine, indicating payment details, so that the court sends it to the treasury authority, part 3, 3.1 of Art. 319 Arbitration Procedure Code of the Russian Federation; clause 2 art. 242.1 BC RF.

As a rule, money is returned within 1 to 3 months after the documents are received by the treasury authority. 2, 3, 5, 6 tbsp. 242.3, paragraphs. 2-5 tbsp. 242.4, paragraphs. 2-5 tbsp. 242.5 BC RF.

When appealing the fine, the question of its return was not raised

Then you need to contact the chief administrator of such budget revenues as your fine, or its territorial body, that is, the control (supervisory) body that identified your violation and to which you transferred the fine f art. 6, paragraph 2, art. 160.1 BC RF; Resolution of the Federal Antimonopoly Service NWO dated September 26, 2013 No. A56-45101/2012.

The chief administrator is also visible in the first three digits of the KBK to which you transferred the fine, for example: for fines for violations of consumer rights - Rospotrebnadzor (141), for violations of labor legislation - Rostrud (150), for most "alcohol" violations - Rosalkogolregulirovanie (160 ), for cash violations - the Federal Tax Service (182), for migration violations - the Federal Migration Service (192), etc. sub. 1 clause 1 art. 20 BC of the Russian Federation; Appendix No. 7 to the Directives, approved. By Order of the Ministry of Finance dated July 1, 2013 No. 65n

Whatever method you choose to return the paid fine from the budget, the package of documents submitted to the government agency will always be almost the same

As a rule, administrators ask you to provide them with the following documents for return; see, for example, paragraphs. 4.1, 4.3, 4.4 Order, approved. By order from Roskomnadzor December 23, 2014 No. 192:

• a statement indicating the details of the bank account to which the fine amount should be returned;
• a copy of the judicial act canceling the decision imposing a fine that has entered into force;
• original payment slip for payment of the fine.

The administrator will decide on the return of the overpaid fine and will himself send an application to the treasury authority to return this amount to you, and the treasury authority will transfer it to you within 3 working days of clause 2 of Art. 160.1, clause 1, art. 166.1 BC RF; clause 27 of the Procedure, approved. By Order of the Ministry of Finance dated December 18, 2013 No. 125n.

Independent claim for a fine

Sometimes organizations manage to achieve the return of a fine by filing an independent claim in court for compensation of the amount of the fine as a loss caused by the illegal actions of officials of a government agency. Resolution of the Supreme Court of November 19, 2015 No. 305-ES15-8490; Resolution of the AS SZO dated 02/03/2016 No. A56-46370/2014. Most often, such a demand is filed in court if there are other losses in addition to the fine.

If you choose this method and the court rules in your favor, then the return documents (application, writ of execution, copy of the court decision and payment invoices) will no longer need to be sent to the Treasury or the administrator, but to the Ministry of Finance under paragraph 1 of Art. 242.2 BC RF. In this case, the money must be returned within 3 months from the date of receipt of your writ of execution and clause 6 of Art. 242.2 BC RF.

There is no special limitation period for applying for a refund of an overpaid administrative fine. Therefore, you have 3 years for this from the date of payment of clause 1 of Art. 196 Civil Code of the Russian Federation.

Cars

Law and law

Drivers denied refund of fines

How to get your money back for a fine paid after a decision on a traffic violation has been canceled

The courts began to refuse to allow drivers to return the administrative fines they had paid, even after the orders for traffic violations were canceled. One of the capital’s drivers faced this situation - even after an acquittal, the court refused to return the 30 thousand rubles in fine paid to the driver, since “there is no procedure for returning money from the budget.” Experts claim that the judge is wrong, and everyone who finds themselves in a similar situation is advised to contact the traffic police immediately.

Motorists in Russia face new difficulties in protecting their legal rights. It turned out that the courts could easily refuse to return their paid traffic fines even after the violation itself was cancelled. And to get their money back, motorists need to go to a completely different address. A similar situation faced the capital’s driver Nikolai Ivanov (his last name was changed at the request of the motorist and is known to Gazeta.Ru), who has been trying to return a substantial fine for more than a year. The motorist’s lawyer, Alexander Lipatnikov, told Gazeta.Ru about his case.

What to do if changes were made to the traffic police protocol without your knowledge

On August 18, 2015, at about 3 a.m., the motorist was stopped for inspection and a report was drawn up for drunk driving in accordance with Part 1 of Art. 12.8 Code of Administrative Offences.

During the consideration of the case, the court decided to deprive the driver of his license for 1.5 years, and also ordered him to pay a fine of 30 thousand rubles.

Ivanov decided to challenge the decision, but he had to pay the fine almost immediately, since otherwise he would have faced a new trial and an obligation to pay a double fine. The litigation lasted for about a year, and on August 24, 2016, the court came to a decision (available to Gazeta.Ru) to terminate the prosecution of the motorist due to the expiration of the statute of limitations for administrative liability.

The court also took into account the circumstances contained in the lawyer’s complaint, according to which the case file contained contradictions in indicating the time and place of drawing up the protocol, and the document itself was drawn up without witnesses.

The driver was not notified in the prescribed manner about the preparation of the protocol (the document was drawn up in his absence), and a copy of the document was not sent to him.

Having received confirmation of his innocence, the motorist decided to return the fine that he had paid. However, everything turned out to be not so simple. At the Sberbank branch through which the payment was made, the driver was advised to contact its recipient - the Federal Tax Service (FTS) in Moscow. And the Federal Tax Service required the motorist to provide decisions, rulings and certificates from the courts about the circumstances that could become the basis for the return of the collected fine. However, the judge refused to make an appropriate decision and issue the necessary documents to the driver. It took the driver another year to try to get the money back on his own. However, in April 2017, in response to another lawyer’s complaint, the Zamoskvoretsky court tried to put an end to it.

“The Code of Administrative Offenses does not provide for a procedure for the return of paid fines,” the court’s response says. The driver was also advised to contact the Moscow Federal Treasury Department, although they were not told why exactly and with what documents.

The traffic police are putting tinting lovers under arrest en masse

“It turns out that the judge first fined the citizen 30 thousand rubles and deprived him of his driver’s license for 1.5 years,” lawyer Lipatnikov tells Gazeta.Ru. “Then her decision was canceled, the case was dropped, but it turns out that the law does not provide for a procedure for returning paid fines, even if they were canceled by a court decision.

We were refused to return the money in court and were sent to deal with the treasury, without explaining the entire procedure.

And how can a citizen in this case figure out how to act if, for example, he does not have a lawyer. Any motorist who has paid, for example, an erroneous fine for speeding or for any other traffic violation can find himself in such a situation. Drivers are told that there is no return procedure, and as a result, many simply do not waste time on this. After all, even if you write the necessary letters and complaints, you may be left with nothing - getting money back from the budget is not so easy. We will appeal to the treasury and, if there is no result, to a higher court.”

As Viktor Travin, head of the College of Legal Protection of Car Owners, explained to Gazeta.Ru, the courts do not deal with the return of fines because they simply do not understand that this is a completely normal and ordinary situation.

“The court will not return anything,” Travin told Gazeta.Ru. — Motorists who find themselves in such a situation must contact the financial department of the traffic police of their city with a court decision.

There you need to obtain documentary evidence that the fine was paid in error. And now with this application it is necessary to contact the Treasury with a request to return the money.”

At the same time, Travin warns: there is no need to rush to pay the fine if the resolution has not entered into force, since then you will have to spend a lot of time and effort to “pull” money out of the budget.

Refund of traffic police fine

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:

• 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.

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.

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:

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

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.

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:

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 can be downloaded here.

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.

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.

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.

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.