A letter from the CJIB, the Dutch central fine collection agency, arrives for a car you sold. Opening it is unpleasant, but the situation is usually one you can document. This post covers what to check first, what proof helps, and how an objection works. It does not replace the letter itself: the instructions and deadlines printed there apply to you.
Everything depends on one document, the proof of transfer (vrijwaringsbewijs). The proof of transfer guide explains what it is and how you obtain it. This post starts from the point where it matters.
Check the dates first
Before you do anything, put three dates next to each other.
- The date and time of the offence on the fine.
- The date and time you handed the car to the buyer.
- The date on which the registration changed to the buyer’s name.
The third date is the one that matters in the register. The RDW, the Dutch vehicle authority, advises sellers to confirm in Mijn RDW (DigiD login) or the Kentekencheck that the car has left their name. It describes this on its page about selling a car. If you did that check at the time of the sale, you have your answer. If you did not, do it now. It shows whether the car is still registered to you.
Three outcomes are possible. The offence happened after the registration moved to the buyer, in which case the fine should not have gone to you. The offence happened between the handover and the registration, which is the grey area this post is about. Or the registration never moved, and then the fine reached you because you are still the registered owner. The post the buyer did not transfer the car covers that last case.
Why the proof of transfer matters
In the RDW’s words, the proof of transfer is what shows you are no longer liable for the vehicle. The buyer receives it when the transfer is done and gives it to you. If you released the car only after you held it, you can show the moment from which the car was no longer yours.
The CJIB page on objecting to a traffic fine describes the situation of a sold car. It says that the public prosecutor may decide that you do not have to pay when the car was sold, and that you need to send proof with your objection, for example a proof of transfer. Read the CJIB page on objecting by letter for the current wording, the address and the deadline, because these can change.
What to send with an objection
Collect the documents before you write.
- A copy of the proof of transfer, with the date visible.
- If you can get one, a screenshot or printout from Mijn RDW or the Kentekencheck showing that the register no longer lists you.
- The sales contract, if you made one. What belongs in it is explained in do you need a sales contract.
- The messages in which you and the buyer agreed the handover date and time.
- The fine itself, with the number printed on it.
The letter you write should say which fine you object to, give the CJIB number from the letter, explain in a few plain sentences that the car was sold, state the date, and be signed. Keep it factual. The CJIB page says that objecting only by saying you were not the driver does not help, so build the letter around the sale and the evidence.
Payment while the objection is open
According to the CJIB page, you do not need to pay the fine while your objection is being handled. Read the exact wording on the page and in the letter. Deadlines for objecting are printed on the letter, and a late objection can be refused, so act as soon as the letter arrives and do not wait until the last week.
Keep copies of everything you send and the date you posted it.
If the proof of transfer is missing
If you sold the car and never received a proof of transfer, look first in the email account you used with the buyer. When the buyer transfers online, the third email contains the link to the proof of transfer and the buyer is meant to pass it on. If the register no longer lists you, a Kentekencheck result or Mijn RDW can show it. A document with a date is stronger evidence.
If the car is still registered to you, contact the buyer first, then the RDW through its contact page. Understand why a fine is addressed to you before you decide what to do about it, and seek legal advice if the situation is unclear.
Stopping it from happening again
Keep the car until you have the proof of transfer in hand. Photograph it, and store a copy with your sale documents. Write down the handover time in the contract. If you are moving abroad, keep the copies in a place you can reach from there, because a letter can follow you months after the sale. The moving abroad checklist lists what to keep.
Selling another car soon? You can get an offer from us. Asking is free, and the way payment and transfer work is agreed with you once you accept.
Frequently asked questions
Do I have to pay a fine for a car I already sold?
The CJIB says the public prosecutor may decide that you do not have to pay if the car was sold and you provide proof, such as a proof of transfer. You object by letter, following the instructions on your fine.
What proof do I need?
The proof of transfer (vrijwaringsbewijs) is the main document. Add a Mijn RDW or Kentekencheck result, the sales contract and your messages with the buyer.
Can I object by saying I was not driving?
The CJIB says that does not help on its own. Base your objection on the fact that the car was no longer yours.
What if the buyer registered the car late?
Then the register still showed you as the owner on the day of the offence. Send the proof of transfer and your contract, and explain the handover time. The outcome is for the public prosecutor to decide.
Where can I check who the car is registered to?
Use Mijn RDW with your DigiD, or the Kentekencheck on the RDW site, which is the route the RDW suggests to sellers.
