If you forfeit a penalty payment in Westland, the municipality will issue a collection decision to demand payment. You can file a separate objection against this decision.
What does a collection decision entail?
A collection decision is an official notification from the Municipality of Westland or another administrative authority stating that the forfeited penalty payment will actually be collected. This is separate from the original penalty order under administrative coercion.
Steps in the process
- You fail to comply with the imposed penalty order under administrative coercion.
- The penalty payment is automatically forfeited.
- The Municipality of Westland establishes the violation and records it.
- A collection decision is issued.
- You are obliged to pay.
Filing an objection
When filing an objection against the collection decision, you can argue:
- I have 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 Westland may decide to waive collection:
- If you subsequently comply with the order, possibly with retroactive effect.
- If the financial impact is too severe.
- If the violation occurred without your fault.
Note: the criteria for this are strict.
Frequently asked questions about penalty payments in Westland
Am I obliged to pay during my objection?
Yes, in most cases. Filing an objection does not suspend the payment obligation. You can apply for an interim measure at the District Court of The Hague.
What if I cannot pay the penalty payment?
The municipality may levy attachment on your income or assets. It is possible to request a payment arrangement via the Municipality of Westland.
Does a penalty payment expire after a period of time?
Yes, the right to collection lapses one year after the date on which the penalty payment was forfeited.
Additional questions about collection decisions
How much time do I have to file an objection against a collection decision?
You have six weeks to file an objection, calculated from the day after the notification of the decision. This period is often stated in the letter. If you file your objection on time, otherwise the decision becomes final and irrevocable and you can only go to the District Court of The Hague. Send your objection letter by registered mail for certainty.
Can I get a deferral of payment during objection?
Filing an objection does not automatically suspend the payment obligation. You can apply for an interim measure at the District Court of The Hague for deferral. Substantiate this well, for example with financial documents or an explanation of why payment is currently too burdensome. The Municipality of Westland may also grant deferral itself, but this is not a standard procedure.
What happens if I do not pay after a final decision?
In case of non-payment, the Municipality of Westland may proceed to enforced collection, such as wage garnishment, attachment on your bank account or assets. A bailiff may be engaged and additional costs, such as interest, may be imposed. Contact them in time for a possible payment arrangement.
Can I challenge the amount of the penalty payment?
Yes, in your objection you can state that the penalty payment is too high or not proportionate to the violation. This falls under the principle of 'disproportionality'. Explain why you find the amount unreasonable, for example by outlining your financial situation or comparing it to similar cases.
What are examples of exceptional circumstances for exemption?
These can be situations such as acute financial problems due to illness, unemployment, or if you have done everything to comply but failed due to external causes. Also if the violation is not your fault (for example due to an error by the municipality). The requirements are strict, so provide convincing evidence.
How do I apply for a payment arrangement?
A payment arrangement means paying in instalments. Contact the Municipality of Westland to discuss this. They will assess your request based on income and expenses. Provide good substantiation with, for example, payslips or an overview of your finances.