A fine in the mail for speeding or illegal parking when you’re sure it wasn’t you? You’re not alone: in at least 867 criminal cases, the name of the traffic offender is incorrect. What can you do about it?
It’s always a shock to receive a fine in the mail. What did you do? When? And how? But if you then have to determine that you couldn’t have run a red light on that one road, on that day – maybe because your car was at the garage, maybe because you were on vacation – then it is important to take action immediately.
You can object to fines you disagree with. For example, because the traffic light was orange, or because the parking meter on your street was broken. Also in the case of a name mix-up, objection is the only way. “It would be nice if there were other options for such cases, but there aren’t,” says Mark Bergers of Boete.nu.
“If you call the Central Fine Collection Agency and indicate that there must have been a case of mistaken identity, the only thing they can say is that you can file an objection if you do not agree with the fine.” This puts you in a complicated process without wanting to, says Bergers. You might think: if you can prove that it wasn’t you, the fine is waived. But it’s not that simple.
There is always an officer involved who saw the violation happen and, if possible, stopped that person and drew up a report. The officer fills this in under oath, Bergers explains. This is seen as a legal declaration of the truth and means that it is up to you to prove that the report is incorrect. “That’s not always easy. Try proving that you weren’t in Amsterdam or Haarlem yesterday.”
Providing proof is not always easy
Bergers was once involved in a case where the woman who allegedly committed the traffic violation could prove that she was in a HEMA store 100 kilometers away at the time. “She had the pin receipt and a statement from a friend who was with her, but that wasn’t enough.”
In the case of offenses involving a vehicle, the license plate holder is often held liable – that depends on the type of offense, says lawyer Sharona Rutjens. Even if you can prove that you were not in the car at the time, it doesn’t really matter. Whether it was your partner, sister, father or girlfriend: you are the one who pays the fine. And proving that no one in your area was behind the wheel at that time is a lot more difficult.
You must lodge an objection within six weeks of the date on the fine letter. The public prosecutor can declare your objection founded or unfounded. That is: the fine is either waived, or remains in place. If you do not agree with the rejection, you can go to the subdistrict court. Please note: you must pay the fine, even if you object (and appeal). If you are ultimately proven right, the money will be refunded.
You run the risk of a criminal record
If you have no idea how to prove that your vehicle was not involved in a violation and you don’t feel like the legal hassle, you can accept the fine and pay it. Even if it feels very unfair, it will at least save you a lot of stress, time and other worries. In the case of a penal order, you will be disappointed: in that case, you will receive a criminal record for a period of five years.
You will receive a penal order for example for public urination, disturbing public order, serious speeding offenses, committing vandalism, or dangerous driving. “This does not always involve a vehicle and it concerns the person. This makes it easier to prove that it was not you,” Bergers thinks. “But you still shouldn’t think too simply about this.” In this case, paying the fine means admitting guilt.
Report identity fraud
How can your name get involved in a criminal case at all? It is possible that an officer misspelled your name. It could also be identity fraud. According to the police, this is the case if someone illegally uses your personal data. For example, a suspect shows a stolen driver’s license. “You must report this to the police,” Rutjens emphasizes. “That can make your objection stronger.”
Bergers advises to always call in help if you receive such a letter in the mail. The process is too complicated to do it alone. There are agencies that help free of charge or only charge a small fee. This can be useful, especially if you want to be sure that you respond within the deadline and that you understand the procedure and the burden of proof.
Because however unfair it may be: if you cannot prove in your objection and before the subdistrict court that you are not the person in question, you will have to pay the fine.