Test Drive Speed Fine That Is Not Belong to Me

Lzhzzhw on 03/04/2023 - 20:02

Hi everyone, I need some help.

I went to test drive at the dealership. After one month later, I got a speed fine. It happened 2:20pm on the highway on that day. But I left the dealership at 1:30pm and I did not go to this highway when I tested drive as well.

I call the dealership today; they said the record was showing that I was the last one to test drive the car and no one test drive afterward. Their record also showed that I gave the car back to them at 2:30pm. I told them it was not true. The salesperson was so busy at that time. They checked me out in a wrong time. They said that they would check the CCTV footage.

I don't know why the record shows I left the dealership late. I also check the speed fine photo. There was only one driver in the car. I tested drive with my wife. She seated on the front passenger seat. The photo was not matching when we tested drive.

If the dealership did not have CCTV footage, how can I prove I am the driver? Should I have a chat with lawyer or anyone can help?

Thanks

Automotive

Comments

  • Bafranz on 03/04/2023 - 20:03
    +10

    If not you, contest the fine

    • zhzzhw on 03/04/2023 - 20:10

      What should I do? How can I prove I am not the driver?

      • bobbified on 03/04/2023 - 20:19
        +6

        Have you got historical google maps data in your phone that shows your locations over the previous x period?

        • zhzzhw on 03/04/2023 - 22:48

          Yes, I have timeline of my wife's phone.

      • Typical16-bitEnjoyer on 03/04/2023 - 20:24
        +14

        Turn over the piece of paper the fine is on. It's literally written on it lol.

        • ThithLord on 04/04/2023 - 08:49
          +12

          OP's next OzBargain topic: "How do I turn a piece of paper over…?"

  • USER DC on 03/04/2023 - 20:18
    +2

    On other in Victoria, people are getting fines because they had been nominated by an unknown person to be driving the car at the time.

    when they dont even know each other.

    Anyway if you reckon you have sufficient details, e.g. you wifey's and your phone location data to show where you were at the time, or etc. stuff go ahead and dispute.
    Also tell others dealer was trying to put blame on you for telling you, you were only person to test drive, and not recording time car given back correctly.

    • zhzzhw on 04/04/2023 - 14:47

      Thanks for you help

  • ozssc on 03/04/2023 - 20:20
    +1

    If you have an Android phone, you might be able to use Google Maps timeline to show that you weren't at the dealership at that time. Not sure if iPhones have similar functionality

    • USER DC on 03/04/2023 - 20:21

      That only works if you had location on, and you let google spy on your location travelling (by default its on, but people could have it turned on - LOCATION HISTORY)

    • zhzzhw on 03/04/2023 - 22:47

      thanks, I have timeline of my wife

      • dasher86 on 04/04/2023 - 08:25
        +1

        so your wife wasn't driving the car!

  • Typical16-bitEnjoyer on 03/04/2023 - 20:23
    +12

    Call back the dealer. Ask to speak to the dealer principal. They'll probably palm you off to a manager, but simply tell them nominating you falsely is an offence, and they can either give you the details of who was actually driving or you intend to take it to Court and bring the dealership into it.

    Call A Current Affair, bikies, Chopper Read etc.

    • MS Paint on 03/04/2023 - 20:36
      +2

      You are aware that chopper read is dead?

  • DashCam AKA Rolts on 03/04/2023 - 20:30
    +22

    Nominate @speedingftw as the driver?

  • djsweet on 03/04/2023 - 20:34
    +12

    Turn it over, fill out the stat dec saying it wasn't you. I believe in the case that a fine is redirected due to nomination by stat dec, and then a counter stat dec is received the fine goes back to the original person (the dealership). For anything other than this to occur, the dealership would have to take you to court to prove you were the driver, which they probably won't do.

    • GordonD on 03/04/2023 - 20:47

      ^^^^This.

    • zhzzhw on 03/04/2023 - 22:46

      is it ture? I am going fill in the form.

      • A-mak on 04/04/2023 - 18:58

        I'd ask your wife to fill out a stat dec too. If you're in vic a good template is here: https://www.justice.vic.gov.au/statdecs

        Don't forget your signature/s need to be witnessed by authorized persons (list can be found on the very same link above)

        • zhzzhw on 04/04/2023 - 19:07
          -1

          Thanks for your help. I am in SA. Could you advice what should I do next?

          • djsweet on 04/04/2023 - 20:43

            @zhzzhw: Nothing. Fill out the stat dec saying it wasn’t you and send it back. That’s it. You probably won’t hear from anyone about it again, unless they take you to court.

          • brad1-8tsi on 05/04/2023 - 11:38
            +2

            @zhzzhw:

            I am in SA. Could you advice what should I do next?

            Think for yourself?

      • djsweet on 04/04/2023 - 20:42

        It’s what I have heard, not from personal experience. But if it really wasn’t you, filling out a stat dec saying it wasn’t you isn’t going to hurt.

  • Protractor on 03/04/2023 - 20:35

    Don't spose you had a passenger who asks a lot of speeding related questions with you on the 'test drive'? Oh wait ,that should be shown in the photo you upload. Along with the 'speed' you were doing in this real world 'actual' occasion

  • DarkOz on 03/04/2023 - 20:45

    I also check the speed fine photo. There was only one driver in the car.

    That's your proof.

    • Protractor on 03/04/2023 - 21:08
      +5

      Yes, usually only one driver in most cars ( if you rule out the 'back seat' one.)

    • zhzzhw on 03/04/2023 - 22:45

      If the dealership said they only based on their record, I think i will become a scapegoat.

      • DarkOz on 04/04/2023 - 08:02
        +3

        The dealership can try whatever they want but they have to prove that it was you. You have your wife as a witness and the photo as proof that you weren't the driver. Just complete the form on the back of the fine and nominate the dealership as the driver.

      • brad1-8tsi on 05/04/2023 - 11:40

        If the dealership said they only based on their record, I think i will become a scapegoat.

        The dealership isn't the law. Take it to court if you feel that strongly about it.

  • SydStrand on 03/04/2023 - 21:08

    The 'vette gets 'em wet.

  • zhzzhw on 03/04/2023 - 22:11

    Thanks everyone. I check my wife's phone google maps. It has the record of that day. I am going to send the record to the detailership to see what they are going to say on that.

    • WT on 04/04/2023 - 08:53
      +1

      thats your evidence, they already nominated you

      I dont think they can recant now

    • ylukman on 04/04/2023 - 08:56
      +4

      I wouldn't sent anything to the dealer nor buy anything from them looking at the way they treat a customer. There's no obligation for you to give them anything as they're the one need to prove it's you. Your proof should only be given in court, not to them.

      If you're 100% positive you're not at fault, just tell them it's not you and if they insisted tell them to bring to court but you will need to engage a lawyer and all the bills and time consumed will be charged to them. Do this only if you're 100% sure.
      Check with some lawyers first if you're not sure, for example, they can also contested that their system logged that you still use the car and you never sign off or see them did it for you after test, etc, etc.

  • Hardlyworkin on 03/04/2023 - 22:16
    +1

    I also check the speed fine photo. There was only one driver in the car. I tested drive with my wife. She seated on the front passenger seat

    Perhaps the excitement of the new car resulted in the front seat passenger not being visible in the photo?

    • Bargainitis on 04/04/2023 - 14:43
      +1

      hahaha made me laugh, thanks mate.

  • SF3 on 03/04/2023 - 22:17
    +1

    I also check the speed fine photo.

    Does it look anything like you? If not, unsure what you are so worry about?

    • zhzzhw on 03/04/2023 - 22:44

      If the dealership said they only based on their record, I think i will become a scapegoat.

  • Protractor on 03/04/2023 - 22:43
    -8

    Starts with no previous post history. No speed actually mentioned. Flexible random dialect
    Sho-sure

    • kerfuffle on 03/04/2023 - 22:44
      +10

      Flexible random dialect

      Ever thought that English might not be their first language?

      • zhzzhw on 03/04/2023 - 22:50
        +1

        Correct

      • Protractor on 04/04/2023 - 09:11
        -3

        G;hed.
        attribute whatever content you wish, to the fictional content you read.

  • Wiadro on 03/04/2023 - 23:04
    +2

    If they have already nominated you, you just nominate the dealership again

  • Leadfoot6 on 04/04/2023 - 01:27
    -2

    According to the "authorities" SPEED KILLS.
    Has anyone been pronounced dead as a result of this incident?

    • kiitos on 04/04/2023 - 08:09
      +1

      Yes, any chance that OP will buy a car off this dealer.

    • HelpMeiCantSee on 04/04/2023 - 09:04

      That’s an outright lie. Speed, of all types enhances concentration and productivity!

  • Drpepper666 on 04/04/2023 - 09:03
    +2

    Tell them you'll cop the fine if they give you $5k off the vehicle

    • zhzzhw on 04/04/2023 - 09:53
      +6

      Nope, that is not my fault. Why do i pay the fine.

  • 2esc on 04/04/2023 - 10:40
    +1

    First step statutory declaration back to fines that may be all you have to do.

    Perhaps attach wifes phone location record as well and a statutory declaration from her.

    I think thats all you will need to do.

  • Gunnar on 04/04/2023 - 10:59
    +1

    Call speedingftw, he’ll sort it out for you, or die complaining on here

  • zhzzhw on 04/04/2023 - 13:28

    I have already sent an email to the car band headquarter to see what they are going to say.

    • A-mak on 04/04/2023 - 19:01
      +1

      You need to contest the fine directly, it is not handled by them; it is handled by the authorities. They will most likely ignore you.

      Contest the fine with the authorities.

    • brad1-8tsi on 05/04/2023 - 11:44

      I have already sent an email to the car band headquarter to see what they are going to say.

      Waste of time. Head Office has little control over the actions of franchised dealerships (or was it Honda or Mercedes?).

      Get on with it and follow the dispute instructions on the fine notice.

      Just a thought but if you can afford a new car, you can probably afford to pay for legal advice rather than all of us bush lawyers.

  • Aust on 04/04/2023 - 21:07
    +1

    Post the photo of car and driver please.

  • kiwiyonip on 07/04/2023 - 17:43

    Contest it, don't let them get away with it.

  • lordra on 08/04/2023 - 08:19
    +1

    Whatever happens, please come back here and let us ask know how you went.

    • zhzzhw on 18/04/2023 - 22:25

      I apply the electing to be prosecuted and waiting the respond from the police. thanks

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