Should I argue it in court?

So is this the way they are likely to look at it in court? Rather than look at the facts and imagine what any reasonable person would do, they will say it was my responsibilty to double check it was registered?

(It was unregistered before I bought it, so I bought it with brand new plates, brand new rego sticker, transferred into my name etc. I never had to go to vicroads at all the rego document had my name printed on it. Really how many people in that situation would think "hmmm looks fishy I better double check it!" )

Sorry if i seem like im arguing eevo i appreciate the info its just bloody frustrating if that is the way it is!

Quote:

---

Originally Posted by chris_mack

Well i never got a letter, ring the dealer, get spoken to like absolute **** by the orginal salesman, who ends up yelling at me and hanging up.

---

that kind of behaviour is almost an admission of fault :thumbsdown:

For the sake of $850 it's probably best to get everything together then go into the dealer and sort it out that way. If they still don't want to play fair, then take it further. :)

I'd contact the LMCT mob and the VACC. They should be able to make a discreet phone call to the Kia Dealer.

well you were caught driving an unregiistered vechile.. so you have done wrong in the eyes of the law like stated above

I personally would be pleading guilty with explanation.

then explain the circumstances as to what happened and why you were unaware you were not registered etc etc.

would be helpful if you have a long and clean driving record too

the magistrate would likely (if its anything like NSW) take your circumstances in to consideration and reduce the fine or if your really lucky throw it out. they could also say suck it up.

If I were you I would seek legal consultation and contest it. I think you have a good chance.

Quote:

---

Originally Posted by Eevo

with car rego, its the drivers responsibility (you) to make sure it is actually registered. not rely on the dealer telling you.

i sympathise with you, sound like the usual dodgy dealer, but i dont think the law will rule in your favour.

---

It might be the case that it's the responsibility of the owner to check that the vehicle is registered but he has taken in good faith from a person that is supposedly a professional vehicle trader that the vehicle is registered.
How many of us buy new cars and then go straight home and ring the motor registry office to confirm what the trader has told us is true. We drive the vehicle for 11 or so months then a registration renewal arrives in the mail!

Ask Vicroads for a copy of the letter and proof of who they sent it too.
As it would have been after the contract date and as you are the registered owner of the vehicle, it should have been sent to you.

I would persue it!

If VIC Roads was underpaid, then to whom did they refund the rego money?

If they didn't refund it, then does that mean they accepted the rego, but were waiting on another payment?

If the dealer got a refund, have they in effect stolen your rego money?

The VACC suggestion sounds good, I told my bro to call the VACC when an LPG installer damaged his motor. They called the guy back and gave him a heads up that a complaint might be coming, so that he was prepared with a hostile and angry rebuttal - so I wouldn't trust the VACC "boys club" again.

If you get your rego refund - does it pay the fine?

Quote:

---

Originally Posted by Michael2

If they didn't refund it, then does that mean they accepted the rego, but were waiting on another payment?

---

This is what happened. So as soon as I rang vicroads and paid the outstanding $55 my car was registered again.

Quote:

---

Originally Posted by chris_mack

So is this the way they are likely to look at it in court? Rather than look at the facts and imagine what any reasonable person would do, they will say it was my responsibilty to double check it was registered?

(It was unregistered before I bought it, so I bought it with brand new plates, brand new rego sticker, transferred into my name etc. I never had to go to vicroads at all the rego document had my name printed on it. Really how many people in that situation would think "hmmm looks fishy I better double check it!" )

Sorry if i seem like im arguing eevo i appreciate the info its just bloody frustrating if that is the way it is!

---

not at all, i understand where your coming from.

i would be doubling checking with a lawyer whos specialises in traffic matters.

the criminal court jurisdiction is criminal matters, driving unregistered.
the dealer info, although true, isnt within their jurisdiction. it may get you the min fine but it wont get you off, as in their eyes, you broke the law.

Quote:

---

Originally Posted by dullbird

I personally would be pleading guilty with explanation.

then explain the circumstances as to what happened and why you were unaware you were not registered etc etc.


the magistrate would likely (if its anything like NSW) take your circumstances in to consideration and reduce the fine or if your really lucky throw it out. they could also say suck it up.

If I were you I would seek legal consultation and contest it. I think you have a good chance.

---

ive been to court 5-6 times, all for traffic matters, did my research and defended myself (but i dont recommend defending yourself) and won all my cases.

ive never seen someone plead guilty and provide an explanation and have the case dismissed. its always guilty with a fine (can be min) and recorded conviction.

Quote:

---

Originally Posted by mick88

It might be the case that it's the responsibility of the owner to check that the vehicle is registered but he has taken in good faith from a person that is supposedly a professional vehicle trader that the vehicle is registered.
How many of us buy new cars and then go straight home and ring the motor registry office to confirm what the trader has told us is true. We drive the vehicle for 11 or so months then a registration renewal arrives in the mail!

Ask Vicroads for a copy of the letter and proof of who they sent it too.
As it would have been after the contract date and as you are the registered owner of the vehicle, it should have been sent to you.

I would persue it!

---

good faith doesnt really exist in the eyes of the law.

chris would first need to prove it was the dealers responsibility to transfer/rego the car and that the dealer didnt fullfil their end of the contract. i think this would need to be done in civil court.

but as said before, you need a lawyer for that.