People whose accounts were accessed by the bailiff are unable to find a receipt in 2020 (when the problems started) confirming that they went to the post office in 2004 and actually deregistered the TV from the RTV license fee. But they point to indirect evidence such as:
1) Sell the apartment or
2) Move to another city or even
3) Moving to another country for several years (we reported on this case in the article: Regional Administrative Court: A Pole pays the RTV license fee abroad. And the person who took the murder weapon, that is, his TV, will also pay – even the transfer of property and the removal of furniture from Poland with furniture will not matter).
An important indirect evidence that they are telling the truth (about the cancellation of the TV registration from the RTV license fee) is the fact that Poczta Polska has not sent any requests for payment of the outstanding RTV license fee for 12, 15 or 20 years. In court, the people who are fighting the bailiff and the confiscation of the account say:
“How does it happen that for 15 years I have not received a single letter asking for a late subscription fee (supposedly) and suddenly, after 15 years, Poczta Polska remembered about me?“
Courts reject such arguments – you have to pay the overdue RTV license fee, the fine and the costs of seizing your bank account by the bailiff. If you do not have proof that your TV was deregistered since 2004, you will lose. The inactivity of Poczta Polska for 15 years has no legal significance. The statute of limitations is 5 years. That is why most of the arrears on TV license fees for 15-20 years evade the post office.
TV registration cancelled in 2006 due to apartment sale and no evidence of this after 20 years
Example of rejecting all citizens’ arguments Supreme Administrative Court Judgment of 10 January 2024 (I GSK 1800/22)
In this case, only after 12 years of non-payment of the license fee (assuming that the citizen was lying in court that he had deregistered the receiver), Poczta Polska remembered about the arrears.
The NSA briefly decided:None of the evidence (…) presented in the complaint allows us to assume that she had not used any television set for 15 years, or even that she had deregistered it in 2006.“
Important! Let us also remember the judgment of the Supreme Administrative Court of 7 March 2023 (reference no. II GSK 94/20) connection). The Referees Suite allows you to ‘subscribe’ to your TV licence on a computer, laptop, smartphone or tablet – devices you can use to listen to the radio or watch TV. The ruling increases the potential scope of TV licence fee charges.
However, it is not always bad in disputes with Poczta Polska. Here are the rulings in which it lost:
The regulations do not require that proof of deregistration of an RTV group be kept forever.
This is what follows from Judgment of the Poznań Regional Administrative Court of 3 June 2020 (Reference No. III SA/Po 138/20)The justification was:
“Referring to the arguments of the authorities, the court stated that there are no provisions in the law indicating that the party is obliged to obtain and keep indefinitely a document (evidence) of the cancellation of the registration of the receiver. By the way, the creditor does not explain how and why and for what period of time he stores documents and information on the registration (and cancellation of registration) of the receiver. According to the court, since the limitation period for the license fee is five years (the provisions of the Tax Decree apply – Article 70 § 1), it is impossible to require the party to keep this document indefinitely.
And the second ruling this time Judgment of the Regional Administrative Court in Gliwice of 7 November 2023 (reference number I SA/Gl 954/23) Useful clips for citizens:
“The complainant did not doubt that the RTV receiver was registered in her name. She also admitted that over time she did not have a document confirming its deregistration. However, the authority explained that archival resources and system logs were searched, but no documents were found confirming that the complainant had deregistered the receivers.”
In this case, the court sided with the citizen for reasons including: the fact that:
1) She proved that she actually changed her address.
2) You live with a man who is exempt from paying the TV licence fee (it would be absurd to pay the licence fee while at the same time there is a man who is exempt from paying the TV licence fee in the same apartment).
– Poczta Polska did not take these issues into account.
Echo Richards embodies a personality that is a delightful contradiction: a humble musicaholic who never brags about her expansive knowledge of both classic and contemporary tunes. Infuriatingly modest, one would never know from a mere conversation how deeply entrenched she is in the world of music. This passion seamlessly translates into her problem-solving skills, with Echo often drawing inspiration from melodies and rhythms. A voracious reader, she dives deep into literature, using stories to influence her own hardcore writing. Her spirited advocacy for alcohol isn’t about mere indulgence, but about celebrating life’s poignant moments.
