Local Car Rental Wrongly Nominated Me for an Infringment, Can't Reach Them to Discuss The Matter

Leaddd87 on 09/09/2016 - 07:32
Last edited 09/09/2016 - 09:02 by 1 other user

I rented a car last December from this local Melbourne car rental service, which was advertised on Gumtree. Only because all the known rental companies were fully booked. Anyway I returned as per the agreed time (signed paperwork too).

After 6 months I got this red light ticket from Police, and when I checked the time, it had happened after I returned the car (my return time was 9 am and infringement took place at 4 pm), but I've lost my copy of agreement. When I tried to call this guy from company, he's not reachable and probably avoiding me.

When I returned the ticket to the police explaining the situation they revert it back to me saying I need more proof. I'm pretty sure the company hasn't submitted any paperwork either, unless they manipulated one.

What are my options without going courts if I can't reach them let alone get a copy of agreement.

Automotive

Comments

  • [Deactivated] on 09/09/2016 - 08:16

    Ask for the photo from the camera

    • eaddd87 on 09/09/2016 - 21:20

      There are 3 photos available online for the related reference no. But they are from behind and a close up of the plate. When I checked with call centre, the guy said it is only obtained for the number plate recognition.

  • nocure on 09/09/2016 - 08:47

    which was advertised on gumtree….

    Let it go too court and then present your evidence, nothing to worry about.

    but I've lost my copy of agreement….

    That could be a problem, if you can't prove it, you might as well pay it.

    • eaddd87 on 09/09/2016 - 21:22

      Problem is the company did not provide any proof either and as per the call centre person, it is normal to nominate a someone for the fine by the rental company but in order for me to reject, i have to give proof! how is that fair?

  • theHMASfriendship on 09/09/2016 - 09:20

    What happened after you returned the car? Did you get on a plane? Anything that would prove you weren't driving the car at the time?

    • eaddd87 on 09/09/2016 - 21:27

      Not really, i stayed for couple more days with family but nothing much in paper to prove though. Checked my google maps timeline but stupid phone has no records during that time, i think those records have gone missing since the updates!

  • pjetson on 09/09/2016 - 09:56
    +5

    There may be particular legislation that states otherwise that covers this situation, but in general terms, it's not up to you to prove that you were not driving the vehicle.

    http://online.fines.vic.gov.au/fines/Content.aspx?page=36&s=…

    That page actually says "A nomination will not be accepted if the person nominated later rejects responsibility for the offence".

    If you do go to court, the hire company will need to prove that the vehicle was hired to you at the time of the offence. If they cannot prove that fact, the hire company will be responsible for the offence. If they have the paperwork, it will show that you returned the car at 9am. If they do not have the paperwork, they have no proof.

    Obviously, it would be much easier if you had a copy of the paperwork, but that should not be necessary.

    Of course, if the return time was not noted on their paperwork, that may make things a little more difficult, but again, it's up to them to prove that the car was hired to you at the time of the offence, and the lack of a time on the paperwork turns it into a "you said/they said" situation, which is not proof.

    • tomsco on 09/09/2016 - 10:35
      +1

      I'm going to have to agree with pjetson.

      Maybe just follow the instruction on the letter to reject it, rather than going into a station.

      I know my business once let a customer drive a car. Got a speeding fine. We nominated them, they immediately rejected. We got a letter and all it says was they rejected it.

  • pjetson on 09/09/2016 - 10:09
    +2

    When I returned the ticket to the police explaining the situation they revert it back to me saying I need more proof.

    That's not the right way for them to handle this situation. They should have informed you that you can apply for an internal review.

    http://online.fines.vic.gov.au/fines/Content.aspx?page=37&s=…

    Because you (presumably) don't want to go to court, I suggest that you follow this procedure, and state on the form that you could not have been driving the car at the time of the offence because you had returned the car at 9am.

    • eaddd87 on 09/09/2016 - 22:11

      Thanks for the detailed explanations pjeston. I also had the same thoughts but disappointed to see my rejection from sent back asking for more evidence. Anyway last time I called the customer service line, operator said to send another detailed letter with the rejection form but mentioned it cannot be guaranteed whether it will work. I told him that shouldn't the rental company provide a proof as well, but it's useless talking with them as they have no authority over anything. The agreement was signed with the times mentioned (from xx 9am to yy 9 am) so obviously the company hasn't submitted any docs I guess.

      So this internal review request is different to a nomination rejection is it? I'm wondering whether to go with this option or another detailed letter along with another rejection form, as mentioned by operator guy.

      • tomsco on 10/09/2016 - 08:17
        +2

        The fines from Civil Compliance Vic, yeh?

        Just keep disputing, I'm sure they'll eventually decide it's costing the admin money, so after a few disputes, hopefully they go back to the car rental for more proof.

        And once it's seen it wasn't you, hopefully the rental company get done for making a false statement.

  • werdnanostaw on 09/09/2016 - 10:42
    +1

    If you have an Android phone (there's probably something similar on iPhones) go to the website below to see where you were at the time and date specified on the speeding ticket:

    https://www.google.com/maps/timeline

    • enzioFirenze on 09/09/2016 - 12:43

      yeah this actually is a pretty great way to recall where you were. I recently got a parking ticket by mistake and had to resort to checking my timeline to see where I was, not sure whether they accept it as evidence though?

    • eaddd87 on 09/09/2016 - 22:13

      Yeah I checked that but my old records are missing, probably after the updates I guess. Sort of putting me into a corner and having to rely heavily on this bloody document. But then again, shouldn't that be the companies responsibility as well to submit that paperwork to prove their nomination was right..

      • BobD on 10/09/2016 - 07:51

        Have you considered making your explanation in a Statutory Declaration. That will make the police think twice before taking you to court or they will also charge you with perjury.

  • whooah1979 on 10/09/2016 - 07:56

    op, you are from qld.

    If you were not the person in charge or the driver of the vehicle at the time of alleged offence you may transfer liability for the offence by completing a statutory declaration. DO NOT PAY the penalty associated with the Infringement Notice as once payment is received, the demerit points are allocated to your driver’s licence history. You need to submit a fully and accurately completed statutory declaration to the Traffic Camera Office and the Infringement Notice will be transferred into the name of the person nominated. A blank statutory declaration is provided for you on the rear of the Infringement Notice.

    The person who is filling out the statutory declaration MUST ensure the person they are nominating was the actual person in charge or driver of the vehicle at the time of the offence.
    https://www.police.qld.gov.au/programs/roadSafety/infringeme…
    https://www.police.qld.gov.au/programs/roadSafety/infringeme…

    • eaddd87 on 10/09/2016 - 16:10

      I am from QLD but this occurred last December while I was on xmas holidays with my family in mel. Statutory declaration is not mentioned as a recommended option for traffic fines in the VIC gov page http://www.justice.vic.gov.au/home/justice+system/legal+assi….
      There is a nomination rejection form, which I already filled once and then the request for an internal review option as pjeston mentioned. I am waiting for this new form to reach me so that I will write a detailed description of what happened and my current situation. Meanwhile looking on that internal review request too. Hope at least one would work and get me out of this unwanted hassle asap..

  • Euphemistic on 11/09/2016 - 06:36

    Did you drive along the section where the fine was while you had the car? If not, there is another argument for you. Not only had you returned the car at the time of the fine, but also you never drove that section either.

    • eaddd87 on 13/09/2016 - 21:27

      No I didn't. I checked the route too. But it's not far away out of town.. However if it comes down to that I can use that too. Thanks

  • chumlee on 11/09/2016 - 07:34

    Do you have phone call records to prove you where not at the location of red light offense at around 4pm?

  • Mumbles on 11/09/2016 - 11:43
    +2

    Keep rejecting the fine and stop calling the rental company.

    You don't own the car. There's no photo of you inside the car. The car was supposed to be returned that day.

    Its innocent until proven guilty. If the police cannot prove it was you then the registered owner of the vehicle MUST be fined.

    Does the rental company have proof which will stand up in court that you didn't return the car at 9am like you say? I'd drag the rental company into court just to let them try so they can get the additional charge of fraud!

    • eaddd87 on 13/09/2016 - 21:44

      That's right. Only paperwork related to this rental was the agreement I signed at the day I picked up the car, mentioning the dates and time of booking, rate and the amount paid. I returned on the due date with about an hour earlier and that was it. I am still waiting for the rejection form to arrive so that I can send all these details and see how the police reacts. I badly want to get this company/owner learn a lesson, only that if it goes to court I'm gonna have to travel down there and go through the hassle which I don't need…

  • Zee on 22/02/2017 - 16:57

    Any update? :)

    • eaddd87 on 23/02/2017 - 22:08
      +1

      I sent a second rejection form with a detailed explanation attached to it mentioning all those details and the little proof i had. Neverheard back from them yet and it's been about 3-4 months. Hoping it has solved it but you never know :-)
      Thanks for asking @Zee

      • Olokun on 23/02/2017 - 22:20
        +1

        You really need to follow this up. If you haven't heard back then it's likely not withdrawn. The last thing you want is to receive an enforcement order because you didn't spend the 5 minutes to call and find out.

      • Zee on 23/02/2017 - 22:28

        No problem :)

        But like olokun said, call them up and get an update.
        It's not worth risking it and at least you'll be worry-free if your assumption is confirmed!

      • raiseyoursteaks on 06/11/2017 - 11:26

        how is it now? solved? man you should name and shame that bloody rental car.

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