The Commissioner for Human Rights crushes the regulations governing paid parking

• - Fines for failure to pay for parking are disproportionate to the offense and exceed the financial capabilities of many people - points out the Commissioner for Human Rights.
• He emphasizes that drivers often receive payment demands after several months, which results in debts reaching up to several thousand zlotys.
• - Payment systems are based solely on mobile applications, which excludes older people and those without access to new technologies - the Commissioner for Human Rights points out.
• Deputy Commissioner for Human Rights Stanisław Trociuk requested the Ministry of Infrastructure to amend the applicable regulations, including the Act on Public Roads.

The Commissioner for Human Rights presented a long list of proposed changes to the Act on Public Roads regarding the functioning of SPP (paid parking zones) and ŚSPP (city centre paid parking zones).

The proposed amendment to the Public Roads Act stems from numerous complaints from citizens. They point out to the Commissioner for Human Rights systemic problems in the operation of toll zones, which create disproportionate burdens and violate the constitutional principles of equality, proportionality, and the protection of civil rights.

- enumerates the Office of the Commissioner for Human Rights.

Therefore, the Deputy Commissioner for Human Rights, Stanisław Trociuk, asked the Minister of Infrastructure, Dariusz Klimczak, to amend the regulations governing paid parking in cities.

The Commissioner for Human Rights points out that the current system of penalties violates constitutional values, such as:

• the principle of a democratic state governed by the rule of law (Article 2 of the Constitution of the Republic of Poland): delayed notifications and the lack of effective appeal procedures violate legal certainty and citizens’ rights of defence;
• principle of proportionality : high, rigid penalties that do not take into account the gravity of the violation or the situation of the perpetrator are excessively burdensome and disproportionate;
• individualization of responsibility : the system ignores new constitutional standards requiring sanctions to be adapted to the guilt and circumstances, which is particularly problematic in the case of punitive penalties that can lead to serious financial consequences for citizens.

The Commissioner for Human Rights points out that additional fees for unpaid parking, ranging from PLN 200 to PLN 300 per violation, are disproportionate to the offense and exceed the financial capabilities of many people, including pensioners, students, people with low incomes and people with disabilities.

Such penalties raise serious concerns under Article 31(3) of the Polish Constitution, which requires that restrictions on rights and freedoms be proportionate to the intended purpose. The amount of the fines is not adjusted to the gravity of the violation or the financial situation of the perpetrator . This may violate Article 64(1) of the Polish Constitution (protection of property rights) and Article 32 of the Polish Constitution (principle of equality before the law).

- explains the spokesman.

Moreover, it points out that residents often receive payment demands several months after the violation, which leads to the accumulation of fines and debts reaching up to several thousand zlotys .

The Commissioner for Human Rights notes that "payment systems based solely on mobile applications exclude the elderly and those without access to modern technologies. This violates Article 32 of the Constitution of the Republic of Poland, which guarantees equal treatment of all citizens, regardless of their technical capabilities or age."

"Furthermore, the expansion of the Special Parking Zone (SPP) has forced many residents registered outside its area to purchase expensive parking subscriptions . This disparity in fees raises doubts as to its compliance with Article 32 of the Constitution of the Republic of Poland, especially since the differences in fees are not rationally justified," the Office of the Commissioner for Human Rights reports.

- Applications for the waiver of additional fees often require the submission of bank statements for 12 months, which raises doubts in light of the data minimization principle (Article 5 paragraph 1 letter c of the GDPR), adds the Commissioner for Human Rights in a comprehensive statement.

It points out that "citizens report that such requirements are not only burdensome but also violate the right to privacy , forcing the disclosure of detailed financial information that goes beyond the scope necessary to assess the validity of the write-off."

In order to solve these problems, the Commissioner for Human Rights proposes to consider in the Act on Public Roads:

• amending Article 13f, paragraph 1 of the Act on Public Roads in order to establish the maximum amount of the additional fee proportional to the parking fee and taking into account the financial situation of the obligated party;
• introducing a mechanism for differentiating additional fees for groups in a difficult financial situation, such as pensioners, students or people with disabilities, similar to reliefs for other public law liabilities;
• adding to Article 13f the obligation to immediately notify the vehicle owner of the imposition of an additional fee;
• introducing a nationwide, transparent system enabling ongoing checking of the status of additional fees;
• adding a provision enabling an appeal against the additional fee to be lodged within 14 days of notification, taking into account extenuating circumstances;
• creating a simplified administrative procedure for considering appeals against additional fees;
• restrictions on requests for personal data in proceedings for the remission of additional fees,
• ensuring accessibility for digitally excluded people;
• introducing flexibility in the enforcement of additional fees;
• introducing the possibility of paying the additional fee in instalments directly on the basis of the Public Roads Act.