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Posted (edited)

Ok, so i sold my old car about 2 months ago, forgot to send in the slip saying that i sold it, who to etc etc(was so happy to be getting some cash -_-), but he filled out his half with his details and mine. So now a speeding fine has come in for 27th of july, but i sold it start of june...., i don't have a leg to stand on do i?, only slightest piece of evidence i sold it was a text message to my mum(lol) on the 13th of june..... :P

 

what do i do!!! whaa

Edited by ke71-rolla
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Posted (edited)

Didnt you get him to sign the disposal notice?

 

As long as you have that disposal slip, you can fill out a statutory declaration stating that you werent driving the vehicle at the time of offence and get it signed by the justice of the peace. :P

Edited by Raven
Posted
Ok, so i sold my old car about 2 months ago, forgot to send in the slip saying that i sold it, who to etc etc(was so happy to be getting some cash -_-), but he filled out his half with his details and mine. So now a speeding fine has come in for 27th of june, but i sold it start of july...., i don't have a leg to stand on do i?, only slightest piece of evidence i sold it was a text message to my mum(lol) on the 13th of july..... :P

 

what do i do!!! whaa

 

So you admit that it was you driving?

Posted

Not sure on this,

 

But, is there a way to have an alibi on the day? Like if you were at work/somewhere else at the time the fine was issued, thus not being you in the car?

Posted

I had a similar thing happen but with a red light camera.

On the back of the form or somewhere is a section to fill out if you weren't driving the car at the time. Just fill that out and all you need is the guys address and maybe his name, you don't need any of his details. Post it back to them and they'll send him the fine. No worries.

Posted (edited)
sign a statutory declaration stating you no longer had ownership of the vehicle at the time of the fine.

 

courts take stat decs pretty seriously.

 

^Correct, that why you always need to be truthful with them.

 

Little off topic, but this is how seriously transport take stat decs - last year in Tassie a mother and son got taken to court for fraud because the mum signed a stat dec to take demerit points on a speeding fine for her son (we all do it, know somebody who has).

They both got sent to jail for 12 months!!! :P

Edited by Taz_Rx
Posted

I think in the case of speeding fines when you sign the stat dec you actually have to nominate the other driver.

 

You can't just say it wasn't you and that is the end of it.

 

I could be wrong however, you sir need to get some advice from the place that issued the fine :P

Posted (edited)

Seriously you don't need any court stuff unless the guy who was driving is a total arsehole and denies he was driving the car at the time.

It's just like if you're driving your mums car and you get a speeding ticket, you just inform the finers of who was actually driving at the time and they'll send that person the fine. If you have or can get the guys address then it's very simple. Otherwise you should talk to the cop shop or whoever to see what the best way of getting the fine re-appropriated is. It's not a big deal.

 

If you did the whole stat dec thing couldn't you get in trouble for not getting the car re-registered in his name or at least de-registering it in your name? I imagine that's not a very legal thing to do and you would be responsible for it from a legal perspective.

Edited by flamingheads
Posted

no, from a legal perspective, whoever is driving the car at the time of the fine is responsible.

 

YES he will be in a bit of trouble for not filing the notice of disposal (the slip attached to the rego papers that you submit when selling a car)

 

Have you got a copy of the receipt you gave the buyer? did you even make a receipt?

 

Do you know the guy you sold it to?

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