If you forfeit a penalty payment in Zoetermeer, the municipality will take a collection decision to recover the amount. You have the option to lodge an objection against this decision.
What does a collection decision entail?
A collection decision is an official notification from the Municipality of Zoetermeer or another administrative authority, stating that the forfeited penalty payment will be collected. This decision is separate from the original penalty payment order.
Steps in the process
- You fail to comply with the imposed penalty payment order.
- The penalty payment is automatically forfeited.
- The administrative authority confirms the forfeiture.
- The administrative authority takes a collection decision.
- You are obliged to pay.
Lodging an objection
When lodging an objection against the collection decision, you can use the following arguments:
- I have in fact complied with the order.
- The order was not clearly formulated.
- Collecting the penalty payment is disproportionate.
- Payment is not possible due to exceptional circumstances.
Exceptional situations
In some cases, the Municipality of Zoetermeer may decide to waive collection, for example:
- If you subsequently comply with the order retroactively.
- If the financial impact is too great.
- If the violation occurred without fault on your part.
Note: the criteria for this are strict.
Frequently asked questions
Am I obliged to pay during the objection period?
Yes, in principle you must pay. Lodging an objection does not suspend the payment obligation. However, you can apply to the court for a provisional remedy.
What if I am unable to pay?
The municipality may levy attachment on your income or assets. It is possible to propose a payment arrangement.
Does a penalty payment expire?
Yes, the right to collect expires one year after the date on which the penalty payment was forfeited.
Extra questions about collection decisions in Zoetermeer
How much time do I have to lodge an objection?
You have six weeks to lodge an objection against a collection decision, calculated from the day after notification. This period is stated in the letter from the municipality. Make sure to respond in time, otherwise the decision becomes final and you can only go to court.
Can I request a stay of payment when lodging an objection?
Lodging an objection does not automatically stop the payment obligation. For a stay, you must apply to the District Court of The Hague for a provisional remedy. This must be well substantiated, for example with financial documents.
What happens if I do not pay after a final decision?
If you do not pay, the Municipality of Zoetermeer may proceed to enforced collection, such as attachment on your salary or assets. Additional costs may also be charged. Contact them for a possible payment arrangement.
Can I challenge the amount of the penalty payment?
Yes, in your objection you can argue that the penalty payment is too high or not proportionate to the violation. Substantiate this with, for example, your financial situation or comparable cases.
What are examples of exceptional circumstances?
These can be situations such as sudden financial problems due to illness, or if you could not comply with the order due to factors beyond your control. You must prove this well, as the requirements are strict.
How do I apply for a payment arrangement?
Contact the Municipality of Zoetermeer for an arrangement to pay in instalments. They will look at your income and expenses. Provide evidence such as bank statements or payslips.