Thread: Should I argue it in court?

if i was you i'd be giving it a shot with some decent representation, to me you have plenty solid legs to stand on, but im far from a judge

Hi Chris

Try and get the situation changed so the irresponsible ones get the costs and retribution fitting to the grief you have experienced.
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Have you got the contract of sale or the ad where it says 12months rego? If so your laughing.
The other major problem is the car has not been transfered to your name Or did they do that after you rang them , changing the sales date to suit from May to july to avoid the other fine for not notifying the rta within 2 weeks(in nsw) after the sale.
Go check and see when it was actually transfered to your name.
We had only a minor issue similar to this where my wifes vw(demo with under 500k's) multivan was not transfered over until 12months later. The dealer avoided the fine by telling the rta it was sold 1 week before rego not 11months ago. We benefited by only paying 1 toll out of a dozen over 12 months.

The sales date is very easy for you to prove, you have the contract, or bill of sale, you also have the bank details of when you paid for the disco. If they underpaid the stamp duty and the rego got cancelled the note should have gone to both you and the dealer to sort out who owned the disco.

Wow, that sucks. Kinda sums up Kia Dealers. I'm with Sussdisco on this one, but my 'forward' and 'blunt' character has dug me some holes before! You could always do one of those 'hold up a big piece of card' on Facebook... It would have to go along the lines of... "Kia Dealer (name here) sells me car with rego, get done for no rego 8 weeks later and now dealer denies all knowledge of it. Will go to court if I get 10000 likes...." You then take a print of the page and show the dealer owner... At this point, if he has any sense he'll pay the fine... If not, court it is, oh and that Facebook page goes live! Have been tempted with this one for Telstra!!

That's shocking mate, hope they cough up eventually for you.
What I'd be doing would be building as solid a case as I can.
Get your hands on whatever documentation you can, sales receipts, ad listings that mention the 12 months rego, ring up vicroads and see if you can get the date that they transfered the rego to your name, etc.
THEN approach the dealer with your documentation, try to keep it level with them too.
Benefit of this is if they're unwilling to play ball then you should have the necessary documentation to prove your innocence in court.
I find it's normally better to try everything possible before you roll out the big guns and start getting nasty, hopefully it won't come to that
But if it does, you've got plenty of bad press for that particular dealer that you can use
Best of luck!
Muppet

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.

I actually no longer own the car, sold it in November. But when I rang vicroads in Aug/ Sept after receiving the fine through the post, I immediately paid the $55 shortfall so it was immediately registered.

Il ring vicroads tomorrow and see if i can get them to send me copies of all documentation during my ownership of the car (dates of letters, phone calls etc.)

Its a very frustrating situation, for starters the fact its a huge fine for something essentially out of my control, but moreover the thing that makes me the most angry is the way I have been dealt with by the dealer in all aspects since I bought the car

(I had the transfer case replaced under warranty about a month after I bought it, they did eventually replace it but took a lot of hastle and more of them treating me like ****, however that isnt relevant to this situation).

It's still the responsibility of the Dealer to transfer the registration if that's part of the deal that's been agreed upon and paid for.