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If you do not pay a traffic fine, a few months later you receive a registered letter from the public prosecutor (procureur du Roi): a payment order (ordre de paiement). The amount is higher than the original fine, and the letter gives you only a short time to respond. If you do not respond, the order can become enforceable, like a judgment.
You can appeal against the payment order to the police court (tribunal de police). That is the only way left to have your defence examined by a judge. But an appeal also carries risks. In this article you will find out how the payment order works, how to appeal and what to watch out for. It complements our overview of traffic offences, their degrees and the procedure and our article on speeding.
What is a payment order?
For most traffic offences, the case is handled in stages.
| Stage | From whom? | What happens if you do not pay? |
|---|---|---|
| Immediate payment | Police or public prosecutor | An offer of an out-of-court settlement follows |
| Out-of-court settlement | public prosecutor | A payment order or a summons follows |
| Payment order | public prosecutor | The order can be declared enforceable |
The payment order is therefore the last opportunity to close the case by paying. It is sent by registered post or to an email address. Among other things, it states the facts, the date and place, the number of the police report (procès-verbal), the amount, the payment deadline and how to appeal.
The amount is the original sum increased by 35%. On top of that comes an administrative contribution that is higher than for the immediate payment.
Pay or appeal?
If you pay within 30 days, the prosecution ends. There is no conviction and no driving ban.
An appeal only makes sense if you have a serious defence: you were not driving, the measurement or the police report is wrong, the offence is time-barred, or there is a procedural error. Appealing just to get the amount reduced is risky. The judge can re-examine the whole case and impose a heavier penalty.
How do you appeal?
The deadline: 30 days
You lodge your appeal within 30 days of receiving the order. Under the law, the order is deemed received on the tenth working day after the date shown on it.
On 4 March 2026 (P.25.0774.F), the Court of Cassation ruled on the case of a driver who claimed never to have received the order. According to the Court, a longer period is only possible if you put forward serious grounds and show why you could not receive the order in time. A mere assertion is not enough. So never wait: work out the deadline straight away.
The application
You lodge your appeal by an application (requête) filed at the registry of the police court named in the order. The order also explains how to proceed. The application must state reasons: you explain why you disagree. You can do this yourself or through a lawyer.
Give your identity, the numbers of the order and of the police report, and your arguments, with any documents you have.
What happens after your appeal?
The order disappears, the judge rules afresh
If the judge declares your appeal admissible, the order is treated as void. The police court then examines the offence itself, as with a summons (citation). The Court of Cassation confirmed on 1 October 2024 (P.24.1014.N) that the judge can then classify the facts differently, provided your rights of defence are respected.
This cuts both ways:
- the judge can acquit you, if your defence is well founded;
- the judge can also impose a higher fine than the amount of the order, and possibly a driving ban.
The Constitutional Court held in its judgment no. 95/2023 of 15 June 2023 that this system, in which it is up to you to bring the case before the judge, does not breach the Constitution.
The limitation period is suspended
As soon as you file your application, the limitation period is suspended until the final judgment. Anyone who appeals hoping that the case will become time-barred in the meantime will be disappointed. See our article on the limitation period for traffic offences.
Which arguments work?
A scanned signature is valid
A frequently heard argument: the order is not signed personally by a magistrate, it only bears a scanned signature. The Namur police court (Namur division) rejected this argument on 27 January 2026. The order clearly comes from the public prosecutor’s office, and the law only requires a signature when the order is declared enforceable.
In the same case, however, the judge acquitted the driver, for another reason: the police report on the speeding offence had been sent well after the legal deadline, and there was no other evidence.
Errors in the police report
The strongest arguments usually concern the offence itself:
- a police report sent too late: since 1 July 2026, the copy must be sent within 30 days of the offender being identified; before that, within 14 days of the finding;
- a police report in the wrong language: on 24 September 2025, after an appeal against a payment order, the Dutch-speaking police court in Brussels declared void a police report drawn up in Dutch for a driver living in Ottignies-Louvain-la-Neuve;
- the measurement or the driver: see our articles on how to contest a speed camera fine and on errors in the police report.
Neither payment nor appeal: what happens?
If the order remains unpaid and you do not appeal, the public prosecutor can declare it enforceable. The case then goes to the FPS Finance (SPF Finances) for recovery, for example through a seizure of assets.
The public prosecutor is not obliged to do this. Instead, it can summon you to appear before the police court. According to the Constitutional Court (judgment no. 161/2023 of 23 November 2023), that is no longer possible once the order has been declared enforceable.
If recovery fails, the public prosecutor can have your driving licence suspended until you have paid everything. See our article on a suspended licence for an unpaid fine.
Frequently asked questions
How long do I have to appeal against a payment order?
You have 30 days after receiving the order. The order is deemed received on the tenth working day after the date shown on it. Later receipt must be shown on serious grounds: simply saying that you did not receive the order is not enough. So work out the deadline straight away and file your application well in time.
Can the judge give me a higher fine than the payment order?
Yes. If your appeal is admissible, the order disappears and the judge rules on the offence afresh. The judge is not bound by the amount of the order and can impose a higher fine and, for offences that allow it, also a driving ban. An appeal therefore mainly makes sense if you have a serious defence.
Is a payment order without a real signature valid?
According to most decisions, yes. The Namur police court held on 27 January 2026 that a scanned signature is sufficient, because it is clear that the order comes from the public prosecutor’s office. A signature is only required when the public prosecutor declares the order enforceable. It is best not to base an appeal on this argument alone.
What happens if I ignore the payment order?
The public prosecutor can declare the order enforceable and have it recovered by the FPS Finance, for example through a seizure, or summon you to appear before the police court. If recovery fails, the public prosecutor can have your driving licence suspended until full payment. Ignoring the order is therefore the worst choice: pay, or appeal in time.
Does the limitation period keep running during my appeal?
No. From the day you file your application until the final judgment, the limitation period is suspended. The three-year period is then on hold, however long the proceedings last. An appeal to gain time is therefore pointless. If, on the other hand, the proceedings take an unreasonably long time, the judge can take this into account in sentencing.
Have your case reviewed
Have you received a payment order and are you wondering whether an appeal makes sense? We examine the file, the deadlines and your arguments, and draft the application if needed. Contact us.
Law as at 30 September 2026. We update this article when the rules change.
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