Shopping fine question? Get free advice!

Questioner

My question is as follows: I was recently arrested in the supermarket on suspicion of shoplifting. This was based on a misunderstanding because that was not my intention at all. The supermarket called the police to file a report. During the conversation and seeing the images, the police also concluded that this was not intentional and actually wanted to settle it on the spot. I am 46, with a job and children in school and not at all malicious. After asking, they still had to follow the rules by taking me along. At the station, the officer decided that I would get a fine anyway. I have accepted this. To my surprise, a week later I received a letter from a certain Stichting SoDa in which I was ordered to pay an amount of € 181,- for 'damage suffered and nuisance'. (so on top of the fine imposed by the justice department) Looking at their website, the following procedure is stated: "If you have been arrested for shoplifting or trespassing, you will receive a copy of the form from the shopkeeper. This is your notice of liability and also the bill that you must pay. This contains all the information you need to pay the compensation, we act on behalf of the shopkeeper to collect this amount" I have not received anything from the shopkeeper at that time, is this 'fine' then legally valid? Are they allowed to send this afterwards?

Lawyer

The justification for the claim of Stichting SoDa is very doubtful. Stichting SoDa claims on behalf of the shopkeeper that there is damage, while this is not substantiated in concrete terms. A standard amount specified on the website of Stichting SoDa is sufficient. When claiming compensation, this is insufficient. Stichting SoDa makes it appear on its website that its claim has been granted by the Arnhem-Leeuwarden Court of Appeal, but that is not the case. This concerns a criminal judgment, in which it was (only) considered that the damages already paid to Stichting SoDa were taken into account when determining the penalty. This judgment says nothing about the civil admissibility of Stichting SoDa's claim, as in your case: you paid the criminal fine, after which Stichting SoDa claims damages. I am not aware of a civil court having already ruled on this. Furthermore, it remains to be seen whether the SoDa Foundation would decide to initiate legal proceedings for a relatively low amount if you do not pay. In my opinion, defending the claim of Stichting SoDa certainly has a chance of success. If desired, I can advise you further.