Car Towed Away — Know Your Rights in the Netherlands

It's incredibly frustrating when your car gets towed away, especially when you disagree with the costs you have to pay. Perhaps the towing was unjustified, or you think the costs are far too high. Fortunately, as the vehicle owner, you do have rights in this situation under Dutch law. It's important to know what your options are and which steps you can take in the Netherlands.

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What's the situation?

Cars are towed for various reasons in the Netherlands: illegal parking, unpaid parking fees, dangerous situations, or technical defects. The municipality or a private party may do this, but only under specific circumstances according to Dutch law. After towing, you receive a bill for towing costs (sleepkosten), storage fees (stalling), and possible administrative costs. These costs can quickly add up to hundreds of euros. However, sometimes these costs are too high or the towing wasn't permitted at all.

What does Dutch law say?

Vehicle towing in the Netherlands is regulated by the Road Traffic Act (Wegenverkeerswet) and municipal ordinances. There are strict rules about when and how a car may be towed. The costs that may be charged are often set in municipal tariffs or must be reasonable and proportional. You must also be properly informed as the owner about the towing.

1Article 25 Road Traffic Act (Wegenverkeerswet): municipalities may tow vehicles if they pose danger or hindrance

2Municipal ordinances determine the specific rules and tariffs for towing in your city

3Article 6:96 BW (Dutch Civil Code): costs must be reasonable and proportional to the violation

What are your rights?

As the owner of a towed car in the Netherlands, you have various rights. It's important to know these so you can take action.

1Right to explanation: you may ask for a clear justification of why your car was towed

2Right to object: you can file an objection (bezwaar) against the towing if it was unjustified

3Right to inspection: you may view and check the calculation of the costs

4Right to refund: if the towing was unjustified, you can request your money back

What can you do now?

There are various steps you can take to address your situation under Dutch law. It's important to act quickly and document everything properly.

1Step 1: collect all documents such as the towing invoice, photos of the parking situation, and any parking tickets

2Step 2: contact the municipality or towing company to ask for explanation about the towing and costs

3Step 3: file a formal objection (bezwaar) with the municipality if you disagree with the towing or costs

4Step 4: seek legal help if the objection is rejected and consider proceedings before a Dutch court

Template letter or example

MijnRecht.AI can help you draft a professional objection letter (bezwaarschrift) against your car being towed away in the Netherlands. Our AI analyses your specific situation and creates a tailored letter containing all relevant legal arguments under Dutch law. This increases your chances of a successful outcome as an expat dealing with Dutch authorities.

Where can you get help?

For help with towed car problems in the Netherlands, you can turn to various institutions. The Legal Counter (Juridisch Loket) offers free legal aid and advice about your options under Dutch law. If it concerns a municipal decision, you can file an objection with the municipality itself. In some cases, there's a disputes committee available. As a last resort, you can go to the administrative court (bestuursrechter) for municipal decisions, or to the regular Dutch courts for disputes with private parties.

Conclusion

Don't be intimidated by high towing costs or an unjustifiably towed car in the Netherlands. You have rights under Dutch law and there are possibilities to challenge your situation. With the right approach and documentation, you can often find a solution as an expat dealing with Dutch authorities.

Frequently Asked Questions

Within what timeframe must I object to the towing in the Netherlands?

Can I collect my car without paying the costs?

What if my car was damaged during towing?

Are there maximum tariffs for towing costs?

What happens if I cannot pay the towing costs?

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