– The Road Traffic Act provides for setting fees for removing and storing vehicles removed from the road, for example as a result of improper parking. Their amount should be determined, among other things, taking into account the costs of removing and storing vehicles in the area of the relevant county – says Agnieszka Jędrzejczyk from the office of the Commissioner for Human Rights. – Meanwhile, the Legnica City Council set the fee rates without checking how they would relate to the aforementioned costs.
The Commissioner for Human Rights challenged before the Provincial Administrative Court in Wrocław a resolution of the Legnica City Council dated 30 November 2015 concerning the determination of fees for removing and storing vehicles removed from roads. (In the justification of the complaint, the Commissioner demonstrated that the fee rates had been set without taking into account the statutory criterion of the costs of removing and storing vehicles in Legnica).
The administrative court upheld the Commissioner's complaint and, in a judgment dated 26 October 2017, declared the challenged resolution invalid. The judgment is not final.