Passengers are required to have a valid ticket during each journey and, in the case of students or seniors, a document entitling them to drive or a document entitling them to travel free of charge. Transport by public transport without a valid ticket or required documents can end with a mandate.
If the controller finds that there is no valid ticket or entitlement to a free or reduced journey, he shall levy the appropriate charge for carriage and an additional charge or issue a call for payment. They can be paid on the spot or at a later date indicated on the document within 7 be 14 days. However, if the amount is not settled within the time limit, it should be realised that a call for payment or even a court order for payment will be sent to us in the near future.
However, this annual deadline may be interrupted and must then be recalculated in the case of acts such as the recognition of debt in the form of a letter asking for payment of arrears, a reply with information on the possible date of payment, mediation or submission of a lawsuit
Based on Article 77(1) Act of 15 November 1984 – traffic law (Journal of Laws of 2020, item 8) claims under that law, as a rule, shall expire at the end of the year. This means that the carrier, within one year of the last day on which payment should take place, may refer the case to the courts and effectively collect claims.
However, this annual deadline may be interrupted and it must then be recalculated in the case of acts such as recognition of debt in the form of a letter asking for payment of arrears, a reply with information on the possible date of payment, mediation or submission of a lawsuit.
In the event that we receive a call for payment or a court order for payment, we should first verify that there has been a limitation of the claim in accordance with the above legal basis. In that case, a reply or opposition must be drawn up, depending on the stage at which the proceedings are pending, indicating the limitation of the claim.
If the plea of limitation raised in the letter is not taken into account, the amount of the claim will be increased by interest and, in the case of legal proceedings, by the costs of the trial. It may also be increased by the remuneration of the other party's lawyer.
However, the lack of objection will result in a declaration of enforceability, and then the case may be transferred directly to the bailiff, who will start the execution procedure with the property. The amount of the claim requested will be increased by the costs of proceedings and enforcement costs.
It is common practice, however, to transfer receivables for an unpaid mandate to a debt collection company, which, without mediation, will recover amounts which are often past due, hoping that the debtor is not aware of the law and that the amount is effectively recovered.
Therefore, the consequences of a carefree short journey without an important ticket can be strongly felt still long in the future, so it is always worth remembering to buy a ticket.
Written by Nikol Małaszewska-Dąbrowska
Manager at the Legal Department. From 2011 It provides advice to leading companies from various sectors of the economy. He has extensive experience in conducting comprehensive projects in the field of national and international law. It participates in legal and tax reviews conducted to identify risks. He is also the author of numerous articles on tax issues, published in the industry press.