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.
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.
What to write in the application?
It is better for me to draw up an application addressed to the head of the central financial department, the state department of the Ministry of Internal Affairs for your region. The application is drawn up according to a standard template, which must indicate the reason why you want to withdraw the payment. The structure of the document will look something like this:
A cap:
- To the Head of the Central Operations Center of the Main Directorate of the Ministry of Internal Affairs of Russia for such and such an area;
- From (full name and registered address).
In the title it will be enough to write: “Statement”.
In the body of the document:
- We put forward a demand for the return of funds, in the form of a petition;
- We indicate the exact amount that you transferred;
- We indicate which service you paid for incorrectly/repeatedly;
- Enter the details of your bank account to which you want to return the funds;
- Here is a list of attached documents;
- We put a date and signature.
Sample
Sample application.doc
Blank form.doc
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.
What should be done?
If a fine has been paid again, or a payment has been made under a canceled order, you need to submit a corresponding application to the traffic police, providing them with a number of documents that will confirm your identity and the fact of a duplicate payment. If you made payments through a terminal, then these are checks, but if via the Internet, then an electronic check sent to you by email.
It is best to pay fines in large banks, and when using electronic payment systems, do not forget to check the box “send a check to your email address” and enter a valid email without errors. This way you can be sure that you will have documents confirming payment. If you want to recall a payment, you will need to make a photocopy of the receipts or print out the document that was received by email. There must be information about the amount, date and details to which the funds were credited.
You will also need a photocopy of your passport. Pages with your personal data, as well as a page where your registration address is indicated. In addition, it is worth making a copy of the receipt that was issued to you by law enforcement officials. If your application concerns the return of money under a canceled decision, then you will also need a copy of the court decision.
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.
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:
- Madi or AMPP – are engaged in changing parking fines;
- other city institutions that have the right to issue fines to car owners;
- The State Traffic Safety Inspectorate is responsible for imposing penalties for almost all violations committed by the car owner.
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.
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
To confirm a double payment, collect the following documents:
- photocopy of passport - pages with personal data and registration;
- a receipt in the PD-4 form - it comes by mail, is displayed on the State Services website or in a third-party service;
- confirmation of payment - a check or printout with a bank mark;
- your account details for transferring money;
- application for refund.
statements
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.
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.
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.
Procedure
First you need to verify the fact of the re-transferred fine. This will serve as the basis for writing an application to the appropriate traffic police department. The application is drawn up according to the sample indicated above. The document can be submitted to the traffic police in person or sent by registered mail with a list of the contents and a receipt.
Before returning the money for a paid fine, traffic police officers will check the fact of double payment and make a decision on the merits of the issue.
Refunds must be made within 30 days of the application being submitted.
When sending an application by mail, the period is calculated from the moment of delivery indicated in the notice. If the money is not returned within the period established by law or a negative decision is made on the application, you can go to higher authorities of the traffic police or to court. In this case, it is recommended to seek help from lawyers.
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.
How to get money back for a canceled fine after appealing it
Usually, a fine is issued by a traffic police inspector right at the scene of the violation. But not all types of fines come into force immediately; many of them become effective only upon a court decision, during which the violator has the right to appeal the decision of the traffic police officer. But, in order to appeal, the offender should seriously prepare for the hearing, stock up on evidence indicating innocence or mitigation of guilt. Do not refuse to sign the protocols directly at the scene of the violation; this will not be of any benefit to you. Instead, write down in the protocol that you do not agree with the decision of the traffic police inspector and sign it, indicating your view of the situation. Many fines can be canceled based only on the incorrect actions of the inspector at the scene of the violation.
After making a decision in your favor, write an application for a refund for the canceled traffic fine and attaching the court decision and other necessary documents (list above) to it, give it to the traffic police department whose inspector issued the fine.
If after our article you still have questions, do not hesitate to ask our specialists - all consultations are free.
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.
