The Lawyer: Daniel Walsh
The Charges:
The Allegations:
Our client sold a vehicle to an acquaintance in late 2017. He took down the registration details, and together, they filled out a transfer of registration. Unfortunately, the purchaser never took the completed transfer of registration form to VicRoads and transferred the registration over, so the car remained registered in our client’s name.
What then occurred was that our client received an excessive number of infringements, as well as police coming to his door regarding offences and police pursuits in which the vehicle was involved.
Our client had, on numerous occasions, informed the police of the purchaser’s details. He had also attempted to cancel the registration with VicRoads. Still, he was unable to do so without returning the plates, which he no longer had in his possession, as the vehicle was now in the possession of the purchaser.
Unfortunately, this situation had only worsened for our client. Over time, he missed several nominations for demerit point offences, and his licence was suspended as a result of accumulating demerit points. This was a challenging situation for our client, particularly because he was losing his licence for offences he did not commit, simply because he became overwhelmed with the number of fines rolling in.
This matter required quick action, not only because our client’s licence would remain suspended until the issue was resolved, but also because certain legal avenues would close off quickly. There are strict timelines for infringement matters.
Since the 28-day period had elapsed, our client was unable to nominate the driver of the vehicle. Furthermore, as he could not establish that he had only become aware of the infringement in the last 14 days, his options were extremely limited.
Ultimately, our solicitor prepared a detailed application for an enforcement review on behalf of our client. We relied on exceptional circumstances, in that he had nominated many other matters and previously informed police of who had possession of the vehicle. Our solicitor subpoenaed Victoria Police for their internal records detailing the involvement of that vehicle and also evidencing the times our client had informed them of the situation. Our solicitor enclosed this material with our application to Fines Victoria.
It was imperative that we included as much detail as possible because unsuccessful applications being appealed to the Magistrates’ Court if Fines Victoria refused them are no longer an option.
The Outcome:
Ultimately, Fines Victoria found in our client’s favour and granted the Enforcement Review, overturning the infringements and the suspension of our client’s licence.
This was an excellent result, given that our client would not be able to work if he could not regain his licence, as he needed a driver’s licence for his employment.
The right outcome ensued because of our solicitor’s detailed preparation and thorough analysis. This case highlights the importance of seeking legal advice immediately upon becoming aware of unpaid infringements, as strict time limits apply.
