How to Appeal a SENT Penalty: Legal Advice

dr Dawid Korczyński Adwokat

+48 691 839 919 Napisz email!

SENT is the Electronic Transport Supervision System used to monitor the transportation of so-called sensitive goods. It imposes obligations on entities involved in the trade of these goods — primarily carriers, senders, and recipients. Failure to comply with these obligations can result in substantial fines. However, in practice, errors sometimes occur while using the SENT system. These may include mistakes such as an incorrect license number or vehicle registration number, overlooking control directives, or interruptions in transmitting GPS data. Is a penalty for a SENT error inevitable in such cases, or can it be avoided? Especially if the error is due to negligence or oversight rather than intentional action. In this post, as in others on our website, we explain whether it is possible to avoid penalties for SENT errors. What is the waiver of penalty imposition? In this article You find How to Appeal a SENT Penalty.

From the very beginning, in our articles, we emphasize that the best way to avoid errors in SENT is thoroughness. This applies both to the people responsible for creating, completing, and updating the reports, as well as to the drivers. Proper procedures and employee training can prove useful in this regard.

What to do if an error occurs?

Sometimes, despite great care, an error may still happen. If the authority detects it, proceedings to impose a penalty will be initiated. It is important to participate actively in these proceedings from the very beginning. Right at the start, you can submit a request to waive the penalty, justify it, and support it with appropriate documents. In such cases, the UCS has the option to waive the penalty.

Remember that from the moment you receive the decision, you have only 14 days to file an appeal

What Decisions Can the Authority Issue?

When the authority initiates proceedings regarding a SENT violation, it can take one of three decisions:

impose a fine in a strictly specified amount, without the possibility of reducing it
discontinue the proceedings if, during the process, it determines that no violation of the regulations occurred
waive the imposition of a penalty — this is the case we focus on the most

After a penalty is imposed, there is still a possibility of having it remitted, but that is a completely different procedure, applied only in exceptional situations.

Decision to Impose a Penalty

If the authority determines that a violation has occurred, it imposes a penalty in a fixed, predetermined amount — exactly as specified for the given type of violation. If the applicable penalty is PLN 10,000, the authority will impose precisely that amount. When it is PLN 20,000, the penalty will be exactly PLN 20,000. The authority cannot reduce the fine and impose, for example, PLN 3,000 or PLN 6,000 instead.

Waiver of Penalty by the Authority

However, in certain situations, the authority may waive the imposition of a penalty. The regulations provide two grounds for such a waiver. It is important for the party to indicate these grounds in its explanations or appeal and to present arguments supporting them. It should be remembered, however, that waiving a penalty is an exceptional measure — not the rule.

Authority’s Decision – 14 Days to Appeal

It should be noted that when a decision is issued, the company has 14 days to file an appeal. If the appeal is not submitted within this period, the decision becomes final and will be enforced. The appeal must be filed in the proper form, and if it is not submitted directly to the authority, it must be sent via an appropriate postal facility in Poland. It may also be submitted at a Polish consulate. Information about this is included in the instructions provided. However, if the deadline is missed — even by a single day — the appeal will not be accepted and will be rejected on formal grounds.