I have Stuffed Up!

2002auxr6 · 20-09-2006, 10:43 AM

Hey guys need a bit of adivce, before i brought my xr6 i owned a shitty vc commodore i sold the commodore to a guy and got a recipt and all his details but i sold it with the plates on (silly Me), now several months later i recieved 2 fines in the mail one for speeding and one for excessive speed 40klms over loss of licence for 12months :(, now i tired to find the details for the owner i sold the car to but cant find them anywhere i lost them when i was moving house, now i have to go to court on friday to contest the fine but dont really have any evidence to back my story up, what can i do, my licence is currentley suspened untill March next year

20-09-2006, 10:45 AM

Did you send the details into the motor registery to let them know of the ownership change?

cArSiK · 20-09-2006, 10:47 AM

did he pay with a bank cheque? Contact the bank and see if you can get a photocopy of the cheque maby...

James

20-09-2006, 10:49 AM

Quote:

Originally Posted by cArSiK

did he pay with a bank cheque? Contact the bank and see if you can get a photocopy of the cheque maby...

James

Bank wont give out info like that, besides the guy could claim that money was for something else.

2002auxr6 · 20-09-2006, 10:57 AM

no to the check and no didnt change details as he never came bakc with the transfer papers

GCFordChic · 20-09-2006, 10:58 AM

If you didnt register the change of ownership, find everything and anything that would show you were not driving the car at the time.

--Bank record of deposit for sale-not much but find it anyway...
--Your work details- times you worked, letter from employer saying you were at work when speeding fines etc were apparently incurred (if applicable)
--Receipts from any place you were on the days that the incidents occured-ie if you went to the doctor at 9am on the day and at 9:01 in another city the speeding fine was recorded, helps to show you were not driving the car. It would be more credible if they were written out to you, ie a Coles reciept wont do much good.
--Statutory declaration- you write everything you know to be true about the incidents and about the sale, get it signed by a JP. If someone was with you at sale get them to do it aswell. Even your neighbours if you can, to state that they have not seen the car or you driving it since you sold it. Dont tell them when you sold it get them to remember themselves the last time they saw it. (just realised this might be a problem because you have said you moved...)
--SEARCH AGAIN, this time even look in ridiculous places like behind bookshelves, the places where things get dropped and are forgotten about, even your magazine collection, you may have used it as a page marker...EVERYWHERE!

Good luck. Hope it gets sorted...it really does suck.

Allen · 20-09-2006, 10:59 AM

The rego should have been changed over to the other guys name... if you got the fines, then this did not happen.
If you have all the recepts, go to the RTA and explain that the person who has bought your old car has received fines, and they have been mistakenly passed on to you, as he did not change the rego over.

GCFordChic · 20-09-2006, 11:02 AM

So no change of ownership, did you stop your insurance cover for that car? Get the record of that to support your account that you sold the car.

MITCHAY · 20-09-2006, 11:03 AM

Isn't there a portion of the rego transfer that you have to put in yourself? I know we did this when I sold the TX5, therefore even if they don't transfer it your not liable.

2002auxr6 · 20-09-2006, 11:06 AM

if they cant prove i was the one driving they cant really suspned my licence can they, i remember watching ACA a while ago and they had a chick on there, i think she was a politicion or something and she had a speeding fine and she coulnt rememeber who was driving her car at the time and got off, im not a politicion though

2002auxr6 · 20-09-2006, 11:08 AM

never had insurance as the car was just sitting there and never got driven it was more of a project, im so ****ed of he never completed the transfer papers, but i know it was my fault

GCFordChic · 20-09-2006, 11:11 AM

Quote:

Originally Posted by 2002auxr6

if they cant prove i was the one driving they cant really suspned my licence can they, i remember watching ACA a while ago and they had a chick on there, i think she was a politicion or something and she had a speeding fine and she coulnt rememeber who was driving her car at the time and got off, im not a politicion though

Its more a case of, you will get the fines and suspension unless YOU can prove beyond reasonable doubt, that you were not driving the car at the time. The onus is on you, they have recorded the incidents, have you as the registered owner and you cannot give them a name of the person driving at the time. Unless you have lots of evidence supporting your argument, this will look like the more likely account. As unfair as this may be.

bArNsY · 20-09-2006, 11:13 AM

Contact your local police and ask them what they can do to help you! ............worth a try. Or if you remember the rego report the car stolen! failing to transfer the the car into your name in Vic cops a moderate fine, my brother got one earlier this year.

Adam

GCFordChic · 20-09-2006, 11:14 AM

Ok this is getting harder....ummm...rego...did you stop paying rego for it?

2002auxr6 · 20-09-2006, 11:14 AM

yep im pretty much rooted, oh well look like i will be with out a licence untill March which means lots of mods, one positive to come out of it, lol

2002auxr6 · 20-09-2006, 11:16 AM

the car had 7 months rego left on it, i got told to cancell it but just totally forgot once i brought the xr6

GCFordChic · 20-09-2006, 11:17 AM

did you ever ring the person on your mobile? get your mobile bill (if you cant dig it up request a reprint) identify all the numbers you know (ie work, mates etc) find out any unknowns and work out his number. This would be a starting point....

2002auxr6 · 20-09-2006, 11:21 AM

Quote:

Originally Posted by GCFordChic

did you ever ring the person on your mobile? get your mobile bill (if you cant dig it up request a reprint) identify all the numbers you know (ie work, mates etc) find out any unknowns and work out his number. This would be a starting point....

already tried that and i dont think i ever called him, the bad thing is that he sold the car to someone else because a copper called me up about it a few months ago and said they caught the guy speeding in pakenham

EA2BA · 20-09-2006, 11:24 AM

take it to court, plead you are stupid, and ask for your licence not to be cancelled, you might have a chance, worst case you may be able to get a provisional licence or something.

I would also pay to get the photos, you might get some good details to find this guy with.

FRDXR6 · 20-09-2006, 11:24 AM

Have you seen the photos of the car in the alledged incidents? It may just be clear enough to show it couldnt be you i.e male/female, black/white etc

Also ring up the cops that rang you about the Pakenham incident. They obviously pulled him up and handed the fine, meaning there should be a record of the fine and his licence number.

The cops will be able to track down his name and address through the licence number!

GCFordChic · 20-09-2006, 11:26 AM

Quote:

Originally Posted by 2002auxr6

already tried that and i dont think i ever called him, the bad thing is that he sold the car to someone else because a copper called me up about it a few months ago and said they caught the guy speeding in pakenham

Do you remember the name of this Police Officer, or the station? If they actually physically 'got' the guy (not just a camera fine) there may be an accessible record (with bits blanked out) that could support that you were not in possesion of the car (JUST guessing folks, if i am wrong, sorry....i am just letting my mind run off on tangets to try and help our fellow forums user.)

2002auxr6 · 20-09-2006, 11:28 AM

Quote:

Originally Posted by GCFordChic

Do you remember the name of this Police Officer, or the station? If they actually physically 'got' the guy (not just a camera fine) there may be an accessible record (with bits blanked out) that could support that you were not in possesion of the car (JUST guessing folks, if i am wrong, sorry....i am just letting my mind run off on tangets to try and help our fellow forums user.)

Yeah im waiting for the officer ot call me back i have him police number but when he intercepted the guy it was bout 3 months after the original fines

GCFordChic · 20-09-2006, 11:30 AM

Quote:

Originally Posted by EA2BA

take it to court, plead you are stupid

For not giving a about a commodore :ymca: ?! Thats not stupid, its commonsense!!

:

Just explain to the magistrate that you just got a Ford and were preoccupied... :hihi:

_2:

GCFordChic · 20-09-2006, 11:35 AM

Quote:

Originally Posted by 2002auxr6

Yeah im waiting for the officer ot call me back i have him police number but when he intercepted the guy it was bout 3 months after the original fines

Hmmm...you are pushing the limits of the box further and further away and i am finding it harder to think outside the box....lol

Ok. Back to basics...
You know the dates and times of the fines. Try access photos as previously suggested. Find everything and anything to prove you were no where near the place of the incident. No matter how insignificant you think it may be. Have anything to support your account, the worst that will happen is that the magistrate will tell you that it doesnt prove it. Then move on to the next piece of information you have to prove it wasnt in your posession and you were not driving it.

2002auxr6 · 20-09-2006, 11:49 AM

yeah im pretty much stuffed

GCFordChic · 20-09-2006, 11:53 AM

Which state are you from?

There are a few websites that have really helpful legal information...let me find them...

BTTB · 20-09-2006, 11:56 AM

If you have a mobile phone...

most companies place the time and area that the call originated from !

you can use this information to back up the fact that YOU were not in the area the vehicle (and its driver) were caught speeding...

NEXT time you sell a car.... fill in the "notice of disposal" paperwork!

2002auxr6 · 20-09-2006, 11:59 AM

Quote:

Originally Posted by GCFordChic

Which state are you from?

There are a few websites that have really helpful legal information...let me find them...

Im form vic, thank you for your advice

schmidty · 20-09-2006, 12:00 PM

Pretty much stuffed alright!!!

Doesn't matter who it's to, when selling a car you have to make sure you look after yourself as priority number 1.

I've knocked people back before when they have come t buy a car before that were supposed to bring transfer papers and 'forgot' or bought personal cheques.

Not worth the risk as you now know.

If you get no where, report it stolen. If he's got nothing to say it belongs to him, and you dont get out of the fine, at least you'll get the car back so you can sell it again and recover some of your costs.

Then if he sticks his hand up with a reciept crying that its his car, bingo, you've got him on the fines.

Shonky · 20-09-2006, 12:04 PM

And Scmidty throws the curve ball!

Now THAT sounds like a plan!