A shitty situation

Hi guys, long story short I sold my R6 to a hoon who soon after collected fines worth $600+ and 6 points.

He provided false licence information so my nominations was rejected. I did not sight his licence (should have in hindsight). I sent them a statutory declaration which also was rejected on the ground of "not sufficient information"

He had no intention to transfer the rego but I managed to get my plate back (long story) and canceled it for good. The last I heard from the guy is he binned the bike and went to hospital.

What option do I have here regarding the fine. Ask for court appearance ? Would I need a lawyer?

I don't want to 'cop it' and pay the fines on financial and principle grounds. And I don't want to rely on Karma alone to do his work.

Shit Andi that is a crap series of events! Sorry mate can't offer any advice hopefully someone can help you out What a fuckwit!

Sounds like legal action time! Do you know the name and address of the guy?

Had a look on the VicRoads website you can apply for a review have you tried that?

http://online.fines.vic.gov.au/fines/Co ... l=10-13-37

And here's the law for you

http://www.legislation.vic.gov.au/Domin ... 6-012a.pdf

http://www.legalanswers.sl.nsw.gov.au/g ... tracts.pdf

One avenue of attack is that because the buyer fraudulently misprepresented their details in the contract of sale, you can claim for damages.

Also I'd go to the cops and if you know where he lives and can get the cops to look over the fence and see the bike then you'll get them on your side etc.

This kind of shit gets me going, good luck mate!

http://www.lawhandbook.org.au/2016_03_0 ... nt_notice/

Apply for a review and if not granted take it to a magistrate. That sucks but fight it all the way,in a case like this its up to you weather to go to a lawyer.I would firstly get proper legal advise and if it is sound then either represent myself if your confidant to do that .

Get a lawyer, remember the old proverb "The man who is his own lawyer has a fool for a client" and I know this from experience represented myself once based on sound legal opinion and got totally shafted. They are only interested in the revenue so they wont care who pays.

Andi... your choice

$600 paid to plod and $600 to a lawyer
the only saving is the points

I would pay the lawyer

.... and dont forget the loss of points impacts on future insurance policy prices until you get points back.

Good luck with it

Also I'd go to the cops and if you know where he lives and can get the cops to look over the fence and see the bike then you'll get them on your side etc.

Thanks for the links. I will have a busy night reading.

The cops actually came to my house one day because he did some criminal activity with the bike. They got the plate number on the photo. I explained the situation and they understood. That's also how I got my plate back as I came to his work place and demanded my plate. Still, it seems strange to me that the police couldn't arrest him. Police also helped me to finally cancel the rego.

Now I explained this whole situation to civil compliance for review, including giving them the police names. But they simply sent me this stupid letter saying "not enough information, your review is rejected"

Thanks all for the advise in getting a lawyer involved. At the moment I just feel that the law doesn't see common sense. It's like the whole thing is deaf.


He'res something I learnt along the way, perhaps could avoid future situation.

Let's say you sell a bike to someone. If he doesn't intent to transfer the vehicle you can go to VicRoads to do force transfer. No problems. BUT if his licence is interstate then VicRoads can't do force transfer due to a simple reason that the person himself needs to go to VicRoads to create a 'victorian ID'. Hence you're stuck. You can't also cancel the rego as the next time the guy runs a red light you'd get a fine AND another fine for riding unregistered vehicle.

In other states there is something called "notice of disposal" which VIC doesn't have.

Oh, and I can confirm that the guy is in hospital getting operation done and the bike is destroyed. So karma prevails it seems. But I still don't wanna pay $600 I did not commit.

If he hasn't transferred the rego and won't admit he owns the bike can't you just go and take it back?
Might be ale to get some bits recovered

To be honest I don't want to have anything to do with the bike. Who knows what it had been used for!?

Mate take it to court especially when the police themselves know you don't have the bike,maybe go into the offices of civil compliance and have a talk face to face,if you get nowhere ask for the supervisor .You have the cops names don't leave until you get satisfaction and if they call the police to make you move all the better than you will 2 more cops names that you have explained the situation too.Also go to the first 2 officers station and get an incident report ,then go back to civil compliance again with the report.They may say we have already told you what ever then mention this is new evidence all the time taking notes of names and times of all events.