A fixed penalty notice is not a judgment. It is a proposal to close the matter through a simplified procedure – and every driver has the right to turn it down. Refusing a notice sends the case to court, where you can present your own version of events and your evidence. Before making that decision, however, it is worth weighing both the advantages and the risks.
When Refusing Makes Sense
Refusing is justified primarily where you dispute the very fact of the offence. If you are convinced of your innocence, have evidence – dashcam footage, witness statements, photographic documentation – or where there are grounds to challenge the correctness of a measurement or the procedure followed, refusing opens the door to presenting those arguments before a court.
It is also worth considering refusal where the fine is substantial and the matter is worth pursuing, where the case could lead to a driving licence seizure – because exceeding the penalty points limit or an automatic loss of entitlements is a significant stake for you – or where the circumstances of the incident raise doubts about whether the officer acted correctly.
How the Procedure Works
After a refusal, the officer makes a record and submits an application for punishment to the district court. The case is heard under the misdemeanour proceedings procedure. You have the right to attend the hearing, present your explanation, apply for evidence to be admitted and challenge the authority’s evidence.
The court assesses the case independently – it is not bound by the police’s position. It may issue a conviction (imposing a penalty higher, lower or equal to the proposed fine), acquit or discontinue the proceedings. A penal order may be issued without holding a hearing – an objection to it must be lodged within seven days of service.
The Risks of Refusing
The main risk is the possibility of the court imposing a higher penalty than the one proposed. The court is not limited to the amount suggested by the officer and may impose a penalty up to the statutory maximum. There are also additional costs – time, any legal representation fees and court costs if convicted.
It is worth making a realistic assessment of your prospects before deciding. Refusing without concrete grounds – simply because the fine is high or on the chance that “it might work out” – is a risky strategy.
When Refusal Is Probably Not the Right Move
If the offence was captured on recording, is undisputed or you have no evidence of your innocence, refusal only prolongs the proceedings and risks higher costs. In such cases, accepting the fine and focusing on minimising penalty points or other consequences is often the more sensible approach.
Setting Aside a Final Notice
If you accepted a fine but later learned of circumstances showing it was unfounded, not everything is lost. Article 101 of the Code of Misdemeanour Procedure provides for a final fixed penalty notice to be set aside by a court – in strictly defined cases, including where a fine was imposed for conduct that does not constitute a misdemeanour. This is an exceptional procedure, but it is worth knowing about.
How to Make the Decision
Before refusing, it is worth calmly considering several questions: did I actually commit the offence, what evidence do I have of my innocence, am I prepared for court proceedings and what are the realistic chances of a favourable outcome. In cases where a driving licence or a custodial sentence is at stake, consulting a lawyer before deciding may prove essential.
Contact Us
If you are considering refusing a fixed penalty notice, or the case has already reached court following your refusal, it is worth discussing the strategy with a lawyer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
