How to get money back for a traffic fine paid twice from bailiffs

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:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

• 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.

When can you get your money back for a traffic fine?

Payment of one fine twice. This happens when a driver uses several services to check and pay fines: he pays in one, forgets, receives a notification in another service and pays again. We wrote about how to return an overpayment in the article on double payment of a fine.

Paid fine under the canceled decision. A refund of a canceled traffic police fine is possible when a driver receives an erroneous fine from a camera, pays for it, and then decides to challenge it. If you manage to do this, the money can be returned. In this article, we described in detail how to return money for a canceled traffic fine.

Incorrect details were entered when paying the fine. The driver comes to the bank with a paper fine; when paying, the operator makes a mistake in the details. Often even such a payment can be returned.

Overpaid money. It’s rare, but it also happens: a person is in a hurry and puts an extra number when paying a fine. For example, 5500 instead of 2500 rubles. Or the font on a smartphone is small, causing the user to click in the wrong place and not notice the error.

Paying a fine for another driver. Also a rare case: a driver checks a fine through an online service and makes a mistake with the STS or license numbers. He sees someone else's fine and does not notice in it a different name, city and place of the administrative violation. The driver pays such a fine, but then notices the mistake and wants the money back.

It happens that the driver receives an erroneous fine because the camera counted the license plate incorrectly or there was a glitch in the traffic police database. The driver pays for it without looking, but later comes to his senses and decides to get the money back.

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.

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.

What does the law say?

The return of an administrative fine from the treasury is not regulated by law. The only thing we can rely on in this case is part 2 of article 160.1 of the Budget Code of the Russian Federation. It states that the decision to return overpaid (collected) payments to the budget (penalties, fines, interest, etc.) and submit an order to the Treasury for the return of funds is made by the budget revenue administrator in the manner established by the Ministry of Finance of the Russian Federation.

But the law does not establish a procedure for the return of administrative fines from the budget. Neither the Budget Code nor the Code of Administrative Offenses regulates this. This means there is no official procedure for submitting an application, deadlines and procedure for payment from the budget of an overpaid fine.

There is only a letter from 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 “On the return of overpaid administrative fines.” And the letter is just a response to the request of the magistrate, and not a legislative act.

There is no order, but no one has canceled the right to restore justice in court. It turns out that pre-trial appeal to the revenue administrator is not necessary. You can go straight to court, but this is an extra expense.

Today we will use the department's letter. It states that regarding the return of paid administrative fines, you should contact the relevant budget revenue administrator.

Also on the topic: How to recognize ownership of a car?

The Budget Code (Article 6) recognizes as revenue administrators government bodies (state agencies and municipal bodies), the Central Bank of the Russian Federation, management bodies of state extra-budgetary funds, government institutions that monitor the correctness of calculation, completeness and timeliness of payment, accrual, accounting, collection and decision-making on return (offset) of overpaid (collected) payments, penalties and fines on them, which are revenues of the budgets of the budgetary system of the Russian Federation.

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 payment receipt.
• 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:

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:

1. 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.
2. 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.
3. 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.
4. 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.

Procedure

If the funds were deposited after the decision was canceled or if the fine was paid twice, what should I do in this case? First of all, you need to decide which organization you need to contact. In any case, in the end all payments go to the Ministry of Internal Affairs. You just need to understand which department to submit documents to.

To begin with, it is recommended to call the department that imposed the monetary penalty. The telephone number is usually indicated in the resolution.

Find out which department is responsible for refunding erroneously made payments. In addition to the name of the department, it is also worth finding out the name of the chief in whose name you can make an application.

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 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.

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.

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.

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

The paid traffic fine is returned only upon personal request of the payer. If you decide to return the fine, you must clearly understand that there is no clearly described return procedure by law. One of the few documents that can be referred to when returning is part of Article 160.1 of the Budget Code of the Russian Federation.

BC RF Article 160.1. Budget powers of the chief administrator (administrator) of budget revenues

2. The budget revenue administrator has the following budget powers:

carries out accrual, accounting and control over the correctness of calculation, completeness and timeliness of payments to the budget, penalties and fines on them;

collects debts on payments to the budget, penalties and fines;

makes a decision on the return of overpaid (collected) payments to the budget, penalties and fines, as well as interest for untimely implementation of such a return and interest accrued on excessively collected amounts, and submits an order to the Federal Treasury to carry out the return in the manner established by the Ministry of Finance Russian Federation;

Therefore, to receive a refund, you must contact the payee. The first step to understand how to return the money is to find out which body issued the paid decision and for what:

• Parking fine: MADI, AMPP or other municipal authorities that issue parking fines
• Traffic police fine - a regular fine received by a camera or issued by an inspector

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.

Statute of limitations for the return of a fine

The statute of limitations for returning a fine is three years. This means that you can return funds for an incorrectly paid fine even after three years.

1. Refunding a fine takes a long time, please be patient.
2. The traffic police will definitely respond to the request, since by law they are required to record each request and provide a response within 30 days.
3. If you paid the fine and realized it on the same day: contact the bank, there is a chance that you will have time to cancel the payment.
4. When paying a fine, use online services, this way there is less chance of making a mistake: the paid fine immediately disappears from the GIS GMP (you will not pay again), and if there is a discount, the service simply will not allow you to pay the full amount.
5. Important: when paying, always check the correctness of the entered data - STS and VU numbers,

To check and pay traffic fines, you can use the form below by entering your data.

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.

Where to start getting your money back for a canceled or paid traffic fine

First of all, a citizen who wants to return money for a canceled or paid traffic police fine must find out which traffic police department officer issued him this fine. Because the coordinators of collecting funds for fines are the traffic police departments that issued them. The easiest way to do this is by calling the phone number indicated on the fine receipt. In this case, check the traffic police department that issued you the fine, as well as its location and the name of the head of this department.

So, the traffic police department has been found, the name of its chief is known - we are writing an application in his name for the return of the money paid for the fine. The driver can either come to the required traffic police department and write a statement on the spot, or send it by mail with acknowledgment of delivery.

You must receive a response to your application no later than 30 days from the date of application!

What documents need to be attached to the application?

You will need to attach the following set of documents to your application:

1. A photocopy of your passport (the original if you write an application yourself at the traffic police department).
2. “Letter of happiness” (the fine decision itself).
3. A receipt proving that the fine has been paid.
4. A paper indicating that the payment was erroneous or that the same fine was paid twice.
5. Account or card number where the money should be transferred.

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.

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.

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.