How can we avoid a mandate from the Municipal / Communal Guard?

Sooner or later, every driver will face a stressful situation - a letter from the municipal / commune guard with a ticket inside for an offense from a few weeks or months ago. While few of us discuss the punishment imposed by a police officer - they act preventively - but almost no one agrees with the activities of the aforementioned guards. Mobile speed cameras are placed only in "profitable" points throughout the country . No wonder that during a holiday trip we will be caught by a patrol of the city guard , hidden in the bushes, behind a bus stop or behind a fence. Fortunately, thanks to the ruling of the Constitutional Tribunal, we can successfully avoid the mandate.

The activity of municipal police departments dealing with road "offenses" is based on mass issuing fines for driving too fast. When a driver is caught red-handed, officials send in a form in most cases with three filling options available . According to the first of them, the owner of the vehicle to which the letter is sent enters his data as the vehicle driver is captured in the photo - thus he admits to committing the act . According to the second scenario - we enter the data of the person who actually drove our vehicle at the moment - the municipal police, after receiving such information, sends a ticket to the address provided. The third option allows the owner of the vehicle to avoid penalty points - for refusing to indicate the driver, we receive a fine of usually PLN 300 , ending the entire case at the same time.

Illegal tickets

We can avoid a ticket issued by a police officer only in court , proving our right. In the case of tickets issued by the municipal police, the situation is much easier if we receive a letter with three described options to choose from. According to the judgment of the Constitutional Tribunal of 12 March 2014, “It is unacceptable for the competent authority to request an alternative penalty notice for an offense or denounce another person. Referral of a request to accept a penalty notice means that the perpetrator of the offense does not raise any doubts, which precludes simultaneous request for denunciation of another person ”. The city guards take advantage of the ignorance of drivers, only a small group of drivers take up the fight to cancel the ticket .

Help on the Internet

In today's realities, the solution to this embarrassing situation can also be found on the Internet. Websites that help to professionally avoid a mandate function successfully - ready-made appeal forms, sample letters, and even legal assistance ( odwolaniemandatu.yanosik.pl ). We can use the online application generator or prepare one ourselves. Our first step should be to send an application for discontinuation of the proceedings by registered mail , referring to the judgment of the Constitutional Tribunal in justification. Remember not to fill in the forms sent by the municipal police .

The rest of the procedure largely depends on the officials themselves . Some, knowing the legal grounds, discontinue the mandate procedure , while others refer the case to court , extending the duration of the entire process. Fortunately , the court almost always discontinues the proceedings . Thanks to this, we will save several hundred zlotys and avoid penalty points.