Contesting the Public Prosecutor's decision regarding an unjustified fine

Questioner

At the beginning of September I had a vehicle registered in my name. A few days later I was subjected to a check by the police while driving, who demanded my papers. I was able to show them, with the exception of the registration certificate, as I had not yet received it at that time. I showed the officer the registration certificate, but apparently it is not valid. So a report was drawn up. Received some time ago and also asked the RDW what the procedure is regarding driving without a registration certificate in the first period after registration. They confirmed to me that you can drive for the first 14 days without a registration certificate! This is generously measured because due to busy delivery people it can sometimes take a while for a postal item to reach its destination. Based on this information I had confidence in a successful appeal to the Public Prosecution Service. The decision arrived by post today and to my great surprise this appeal was rejected! The Public Prosecutor is of the opinion that the civil servant in question acted in accordance with the guidelines and that there can be no reason to waive the fine. I have a letter from the RDW in my possession that proves that the fine is unjustified, they even referred me to various official sources that can be consulted online. They also stated that the police can always consult the vehicle registration register. My question is what is the best thing for me to do now? I really think these kinds of fines are a form of 'bullying the citizen'. The information is clear and yet I am being punished for not being able to show a document that I did not yet have in my possession! Thank you in advance for your answer.

Lawyer

Certainly, I can help you understand how to appeal a traffic fine in the Netherlands. The process begins with receiving the decision, the official document announcing your fine. This decision states how you can appeal. Please note that this must be done within 6 weeks of the date on the decision. You can object by sending a letter to the public prosecutor. In this letter you describe why you disagree with the fine. You must also state your name, address, date of birth and the CJIB number (which you can find on the fine). It is also important to gather evidence to support your point. This could be in the form of photographs, witness statements or other relevant information that will strengthen your objection. After you have filed your objection, you will receive a confirmation of receipt. The public prosecutor will then assess your objection. You will then receive a letter with the decision. If your objection is rejected, you can still appeal to the subdistrict court. Please note that this is a brief summary and the process can be complex depending on your situation. It may be wise to consult a lawyer or attorney for more detailed advice.

Questioner

Dear, Thank you for your clear answer. Of course, I was already aware of the procedure for appealing this fine. My question stated that my appeal had already been rejected by the public prosecutor. I have followed your advice to appeal to the subdistrict court and my letter has now been sent. However, I do have to pay the fine in advance, because of 'providing security'. This will mean that if the subdistrict court also rejects my appeal, I will lose my money. I have already found out that this fine was wrongly imposed, so my thought is: 'why should I pay a fine then?' The disadvantage is that there are increases linked to the fine if it is not paid on time, and I am not looking forward to that at all. However, I think that the responsible departments (initially the public prosecutor) should have judged that this fine was wrongly imposed and should simply be waived. So I really do not understand why this appeal was rejected. Is there another path to take in this situation? I have no more confidence in a successful outcome via the path you mentioned...