“They entered the yard alone, without anyone’s consent, without the presence of the owner, they opened all the cars, took pictures, the keys were stolen from two cars” – complains Mr. Tomasz from Róża Wielka. His regret is all the greater that as a result of the inspection he was fined – note – as much as 180,000. zloty. According to him, this is to be a fine for parking 18 cars on his own plot. Mr. Tomasz reported the situation – including the theft of the keys – to the police, and he does not intend to pay the fine, he hopes for a favorable outcome of the appeal. But is he right?
Gigantic fine for parking cars on your property: inspectors entered the plot because they can
It’s not quite as it appears from media reports – explained VIEP in response to the question “Auto Świat”. Yes, it is true that a fine of PLN 180,000 was imposed on Mr Tomasz in connection with the cars kept on his property. PLN, but this is not a fine for parking these cars.
In fact, the “raid” on the plot in Róża Wielka was carried out by WIOŚ inspectors together with officers of the customs and tax service and the Central Research Laboratory. This unannounced visit was not an accident, but an intervention – the services received a notification about numerous cars parked in this place. We do not know whether the denunciation came from the neighbors, who were perhaps disturbed by the scale and burdensomeness of the project, or rather from Mr. Tomasz’s competition.
Suffice it to say that there were 31 cars “parked” on the property, not 18.
It is also not true that VIEP inspectors “broke in” or broke into the plot and acted there alone. Tomasz’s father was there and explained that the cars belonged to his son. However, although he was invited to assist the inspectors in the inspection, he did not appear on the plot that day.
VIEP explains that it has the right to inspect the property regardless of the owner’s consent under the Environmental Protection Inspection Act. The question remains: what is the huge financial penalty really for?
A gigantic fine for parking cars on your property: are they cars or hazardous waste?
As for parking more cars in your own yard or plot, it is not prohibited. The problem arises when the vehicles are in poor condition.
Of the 31 cars counted on Mr. Tomasz’s plot, VIEP inspectors recognized 18 as waste. Generally speaking, waste is a vehicle that “does not promise”, however, in the case of vehicles imported from abroad, the grounds for recognizing a vehicle as waste may be entries in documents confirming, for example, that the car was involved in an accident, the damage was considered complete and for this reason, re-registration in the country of origin is not possible. This is sometimes the case with cars imported from the US, even if they are technically repairable. A premise for considering a vehicle as waste may also be a combination of poor condition and lack of appropriate documents. Let’s give the floor to the representative of VIEP:
As a result of the inspection, VIEP inspectors on the property in Róża Wielka 54 revealed the presence of 31 vehicles (…) imported from Germany, deposited on the area of 3 plots in Róża Wielka. Of all the vehicles present, 18 were considered waste. When qualifying a vehicle as waste, the technical condition of the vehicle, the lack of required documents and the fact that the vehicles do not have a valid registration in the country of origin are of particular importance.
It turns out that these are not friends’ cars, and in any case none of Mr. Tomasz’s friends admits to these vehicles. As Mr. Tomasz testified to the inspectors, the waste vehicles found on the property date from two years. Fine for what?
The decision in question for the amount of PLN 180,000 was imposed on Mr. Tomasz H. due to the fact that on the basis of the documentation in his possession, Mr. Tomasz H. was recognized as the recipient of hazardous waste (…) in the form of 18 vehicles withdrawn from use imported into Poland illegally, without the required prior notification and consent of the Chief Inspector for Environmental Protection.
It is necessary to know that although a “deleted” or simply used car can be bought without restrictions in any EU country, if it is a vehicle in a condition that allows you to conclude that it is waste, you can bring it to Poland is not allowed. It’s one thing to have a damaged car, and another to waste. The fact that many cars imported to Poland by dealers are “on the verge of waste” does not mean that it is legal. Once, twice or three times it will work, and in the end it will fail.
A gigantic fine for parking cars on your property: is it a parking lot or an illegal disassembly station?
You also need to know that in order to dismantle end-of-life cars, drain oils and other fluids on your property, you need a disassembly station. Anyone can open such a station, but a number of requirements must be met beforehand. If we don’t have a station, and we bring car scrap to our property, which we gradually dismantle, we are asking for trouble. On Mr. Tomasz’s plot in Róża Wielka, not only the disassembly station, but also no economic activity was registered at all.
In the area of the above the presence of numerous vehicles with traces of disassembly and generated waste, i.e. used tires, mixed plastic waste, electrical and electronic harnesses removed from vehicles, dismantled vehicle parts.
This means that Mr Tomasz’s troubles will not end with a fine of 180,000. PLN (10,000 PLN for each car considered as waste).
After the inspection, a notification of its results was sent to the Chief Inspector of Environmental Protection, after which CIEP initiated administrative proceedings to determine the method of dealing with waste in the form of damaged vehicles, and applied to the Police in connection with the use of registration plates of a vehicle not assigned to them.
Scrap in the grass, left boards. Everyone does it, so can I?
It is true that the use of random number plates is a specialty of Polish car dealers importing cars from EU countries, as well as unregistered cars in dubious condition lying around the yard is a common sight. This is how you can act, but only until the inspection, which can be “settled” by a neighbor annoyed with noise or mess, or by competition.
The WIOŚ letter, which reached the editorial office of “Auto Świat”, shows that the services are conducting at least one more investigation into the “mess” in Mr. Tomasz’s yard. It may end up with another fine and – probably – an obligation to clean up the area.
Because something like a “private junkyard” or “unofficial disassembly station” is an activity that should not take place – it is illegal and, with a bit of bad luck, very expensive. Suspicions that someone is running such an enterprise may arise, for example, because of the nonchalant approach to the documents of cars imported from abroad.
2023-08-28 17:21:18
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