OMG I can be fined and lose the use of my car!

Hello all, I’m after your feedback on this issue. Personally I hate these sort of loop holes where the authorities can severely punish the person who is trying to do the right thing whilst completely ignoring the person in the wrong, even though it’s been proven to the authorities that they are in the wrong!

My story is; I bought a car from a dealer 4 months ago, which was $20k on the road. However last week, I received a letter from Vicroads saying the dealer has not paid the transfer fee and stamp duty. If it was included in the contract of sale (which it was), I should show it to vicroads, the dealer was also sent the same letter.

Firstly, I’m not so much after any advice what to do, I’m just after your comments or experiences of this ridiculous loop hole that can cause a whole heap of hassle for the victim and nothing for the perpetrator. It’s something that unscrupulous dealers can take advantage of and something that could so easily be fixed up by a small change in the rules.

So, I thought this would be a relatively easy fix, email the dealer with a copy of the contract and letter and spend an hour at Vicroads showing them that the fee and duty were the dealer's responsibility.

Not so; firstly, even though I’ve proved to Vicroads that the dealer is at fault and should have paid it, they said it was I who would be punished if it was not paid. My car rego would be cancelled and I would be fined. I would then have to go through a roadworthy and pay the rego to re-register it, whilst not being able to get to work without a car. It would then be my responsibility to devote my time to suing the dealer for all the costs and inconvenience incurred.

So basically, they are going to punish me even though I’ve proven the dealer is at fault!! How can this even be possible? How can such a loop hole exist? Surely when the dealer transferred the vehicle to my name (which he had because the rego renewal came to me) he had to pay the fees!

The 2nd worse case scenario is that I pay the fees and then sue the dealer.

At no point will Vicroads take any action against the dealer who is at fault! It’s astounding!

Now I am trying to sort it with the dealer, although he ignored the Vicroads letter and ignored my email, he said on a phone call that he will sort it. So fingers crossed he sorts it. But it’s the principle of it, that this sort of thing can happen and the innocent victim is the one who gets screwed by the authorities. Even the police can’t punish me unless it’s beyond reasonable doubt, but Vicroads can! They can fine me and take away my means of getting to work, even though I’ve proved who it at fault! Why don’t they just update their policies to punish the person who is in the wrong! It’s a complete sham.

Ok vent over, over to you, be nice as I’m not happy about this!

Comments

  • +4

    Yeah that sounds pretty stupid.

    If he doesnt fix it asap just wait around in his till he does. Loudly asking when they are going to pay Vicroads every time a potential customer walks into the yard :)

  • Oh wow. I'd be totally mad too. Sorry Im unable to give you any advice with the situation, but hope it gets sorted soon!

  • Stupid and very unfair, but saves Vicroads the hassle of chasing dealers who rack up thousands owing and then disappear into the night.

    Hate to break it to you but the kind of person who doesn't pay this in the first place, ignores a Vicroads letter and ignores your email, isn't going to be suddenly sorting it out for you. That's just a good way of fobbing you off for a week.

  • +6

    I’m not so much after any advice what to do

    I'll let others address the vent, but for the 'what to do', if you're facing a fine and the car being deregistered, pay VicRoads the transfer fee and stamp duty and make a claim to the Motor Car Trader Guarantee Fund:
    http://www.consumer.vic.gov.au/motor-cars/compensation-claim…

    If you browse the list, it's not an uncommon claim:
    http://www.consumer.vic.gov.au/businesses/licensed-businesse…

    • ^^ This. I'd also note that the first link Thrift shares includes a list of the payouts and who they were made against. Applying through this route gets their name out as a warning, without endangering yourself or OzBargain to threats from the dealer if it was posted here.

  • Not hugely surprised. You are a small individual. It is easy to make your life hell and squeeze money out of you.

    Dealership is a company, they have money, time and resources. Going after them would cost VicRoads more time and effort then just punishing you.

    Punish small and innocent, leave the big and wicked.

    Sounds like the government in a nutshell.

    Sucks for you mate :( I hope you get it all sorted fairly.

  • Can the ACCC do anything?

  • how about report this situation to the local police as you got scammed by the dealer, obviously I would harass them for a whole week or two by shouting out loud every time a potential buyer coming (or ask/hire someone to do it for you if you have to work) until they have it done, if they want to call the police, will roll with it

  • Do you know if there is such a fund/register/website for queensland?

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