The obligation to insert car registration numbers to the parking meters is inconsistent with law. This is the decision of the District Administrative Court in Warsaw announced on April 13, 2017. The Client who appealed the Resolution of the City Council was represented by attorney-at-law, Ph.D Tomasz Ludwik Krawczyk, partner at GKR Legal.
The Appellant argued that obligation to insert car registration number in the parking meter enables unauthorize watch of a purchaser. The City Hall and other units which have access to the paid parking system can precisely trace a vehicle’s route.
The District Administrative Court ruled that the Resolution regarding the paid parking in the appealed part, was issued with violation of law. Attorney-at-law Tomasz Ludwik Krawczyk pointed out that after this verdict becomes final (an appeal to the Supreme Court is not submitted or will be dismissed), the appealed Resolution in part requiring to provide car registration numbers would be invalid, which means that obligation to provide registration numbers would not be in force any longer. According to attorney Tomasz Ludwik Krawczyk, if the City Hall does not reprogram parking meters to allow buying parking tickets without providing car registration numbers, then, the obligation to pay parking charges in general would not stay in force since the payment – in a manner prescribed by the Regulation – would be impossible. If the changes to the parking meters are made, then, providing car registration numbers would not be obligatory.
The more complex issue would be an influence of the commented verdict on the additional fees already imposed and these one which would be imposed until the time this verdict becomes final (lack of car registration number on parking ticket has been treated so far as lack of parking fee, this caused imposing additional parking fee). According to Tomasz Ludwik Krawczyk, the verdict does not give grounds to object the fees if the term for submitting complaint against imposing additional fee has already expired. If this term is still pending, the units recognizing such complaints shall take into consideration the verdict issued by the District Administrative Court and decide that complaints are justified.