Making it plausible that receipt must be reasonably doubted

Questioner

I recently received a reminder for a parking fine. According to the party (Tobias Fiscal), they had previously sent letters. I never received these. However, I did pay the original fine immediately after receiving the reminder. Now, a compulsory collection has been received with costs for the reminder and increase. According to Tobias, who imposed the fine, I cannot object to this due to Article 17 of the Collection Act (section 3). I would like to receive advice on how I can demonstrate that I never received the previous letters. Thanks in advance!

Lawyer

If you state that you never received the letters, it is up to the sender to demonstrate that these letters were correctly sent to and received by you.

Questioner

Thank you. The opposing party has referred me to the aforementioned Article 17. 3. The objection may not be based on the claim that the assessment notice, the reminder, the writ of execution served pursuant to Article 13, paragraph 3, or the written notice referred to in Article 27, paragraph 1, has not been received, unless the taxpayer demonstrates that receipt should reasonably be doubted. Furthermore, the objection may not be based on the claim that the tax assessment was determined incorrectly or for too high an amount. Despite this article, can I ask the other party to demonstrate that the letters were correctly received by me?

Lawyer

I suspect that this is not a parking fine, but a parking tax assessment. You can file an objection. But you must then demonstrate that you never received the letters. You can request duplicates of the letters in question from the other party to check on which date the letters were sent and whether the address is correct.

Questioner

The letter states: Parking without meeting the payment obligation. Now I have paid the fine or additional assessment but I only want to object to not receiving the first letters. Now article 17 gives me the feeling that I have little chance. I have already mentioned by telephone that I have not received the letters, the other party then says that I have to hold PostNL liable for this. I assume that my address is correct because I did receive the reminder (which was the first letter for me). They may be able to demonstrate that the previous letters were sent. If this is the case, what else can I do?

Lawyer

You can request the letters in advance anyway. If you decide to file an objection, it is useful to have a complete file. Make sure that you file an objection in time. What you can still do to motivate your objection depends on the entire situation. If you want me to advise you personally, I need more information. You can send me a personal message.

Questioner

According to the reminder, the period for filing an objection has already passed. Does it still make sense? How can I send you a copy of the letters and are there any costs involved? Thanks in advance.

Lawyer

If you send me a personal message, I will respond and you will have my email address. You can then send the letters to me. I will then assess for you whether an objection is still possible. Of course free of charge and without obligation.

Questioner

Hi Sander, Where can I find your email address? I only see a phone number. Gr

Lawyer

If you send me a personal message through this website, I will send you my email address and you can send me the letters.