Vehicle transfer fine

[AdN]

I bought a car a month ago sent in the transfer papers, got a fine in the mail today saying i never sent the forms.

The only options listed are to pay the fine or go to court, but just being a standard 60c envelope i have no proof that i sent it.

Anybody else been in this situation?

[Fozzy]

I would send them a letter stating that you did pay the transfer and you mailed the letter using XXX postbox on XXXX Date even better if you can produce a receipt for a stamp or envelope from a posto office and will be going to court to contest it. If that does not work go to court and tell them the same produce that evidence. Mailing it in is an option there is no requirement to send it registered. They will have to prove you didnt mail it.

[AdN]

Well i havent paid the transfer fee, they claim to not have recieved the transfer forms so have not process the invoice and sent me a fine instead.

As far as reciept for a stamp, i didnt buy a single, a box was bought a while back.

[Fozzy]

sorry meant to say Sent not pay

[AdN]

I just dont want to go to court and lose for not having proof, but fact of the matter is they have given me a $100 fine over a $40 transfer fee. Its a matter of principle, in the end as a buyer its in my best interest to send the transfer papers.

[Onijin]

I would also say the other party did not submit their copy of the transfer papers or theirs has gotten lost as well. You might have to do a statutory declaration to say that you bought the vehicle off the other party for $X amount (including the VIN and registration plates), especially if you can't get hold of them, and try your luck with the nearest licensing centre. Dealt with it a fair bit when I was working at the Midland one for a few months towards the end of last year.

[Macca]

I would also say the other party did not submit their copy of the transfer papers or theirs has gotten lost as well. You might have to do a statutory declaration to say that you bought the vehicle off the other party for $X amount (including the VIN and registration plates), especially if you can't get hold of them, and try your luck with the nearest licensing centre. Dealt with it a fair bit when I was working at the Midland one for a few months towards the end of last year.

He would have gotten the fine because dpi has sellers paperwork. Otherwise how would they know

[AdN]

yes, they definitly got the other persons paper work as the fine states the purchase price of the vehicle in question.

[satch]

I know this doesnt help, but on a few occassions I have recieved stamp duty paperwork before I have sent my copy in. So it sounds like they have started enforcing this fine. Have you tried calling and speaking to the DPI about the situation? Rather than just looking at the two options on the fine ?

[AdN]

Just got off the phone, so the infringement is infact for not paying the transfer fees they apparently did get the paperwork. The infrignement isnt worded very well.

basically his response was my issue is with aust post so i just have to pay the fine.

[S85FI]

Call them. Sort it out over the phone. They will sort it out over the phone.
Proof is for you to prove and not DOT.

[Onijin]

He would have gotten the fine because dpi has sellers paperwork. Otherwise how would they know

Gah, shouldn't have read that when I was tired. But yeah, maybe a statutory declaration might still be best.

[AdN]

Im going to pay the fine, the guy said my issue is with australia post not department of transport. I dont see australia post doing anything for me.

Neither are responsibilty companies.

[sensei_]

Im going to pay the fine, the guy said my issue is with australia post not department of transport. I dont see australia post doing anything for me.

Neither are responsibilty companies.

disgusting. absolutely disgusting. both companies simply brush their hands of any responsibility and you end up getting fined.

[Slap Dash]

Fuck that.... They have sent you that fine for admission of Guilt. You pay that fine.. You're pretty much stating you are guilty & you let both Aus Post & especically (money hungry fucks) DPI Brush their hands as stated. Waste their time as they have your's & contest it. They don't require Registered post & as such they have no proof you didn't send it in.. What ever happened to innocent until proven guilty, rather Guilty until proven innocent.

As they don't require registered post; makes you wonder how many of these fines (cash grabs) have gone out.

[Traitor]

End of the day, onus is upon the seller and purchaser of the vehicle to ensure both copies of the transfer notice is handed in via post or physically handing it in etc..

If you have a look at the paperwork you are both singing it states that if you do not hand these in WITHIN 7 days of the disposal there may be further consequences.

The other clause on the paperwork states that a $100 infringement may be generated if you do not pay your transfer fees within 28 days (99% of cases they give you leeway and go over this by a couple of days to a few weeks).

In this case one of the copies would've been received and the vehicle transferred into the purchasers name. The original transfer & stamp duty invoice would've been sent out (computer generated) and for whatever reason was not received by yourself.

Could be due to Aus Post not delivering it, stolen out of your mailbox etc (up to you to prove) but good luck with that as people don't usually get far with them. Court costs would out way the original penalty and you'd lose either way.

Yes it sucks but yes you definitely need to chase up paperwork especially if you know you've just purchased a vehicle and haven't received anything for a month.

[Drift_R32]

That is bullshit
I've sold and purchased 70 odd cars
Sometimes I didn't bring in the purchasers copy to the dpi
Always made sure I sent in sellers copy

Actually I've forgot to send in sellers copy afew times
Purchasers brought in their copy

Never been fined once

[shifted]

Just got off the phone, so the infringement is infact for not paying the transfer fees they apparently did get the paperwork. The infrignement isnt worded very well.

basically his response was my issue is with aust post so i just have to pay the fine.

So you didn't receive the letter in the mail asking you to pay for $XX in stamp duty and they then sent you the fine?

I'd call up and request a new letter sent or head in, in person and speak to someone behind the desk. I find in person they are usually more helpful...

[Traitor]

That is bullshit
I've sold and purchased 70 odd cars
Sometimes I didn't bring in the purchasers copy to the dpi
Always made sure I sent in sellers copy

Actually I've forgot to send in sellers copy afew times
Purchasers brought in their copy

Never been fined once

The vehicle can be transferred as long as one copy is received (either purchaser or seller).

As either party of the transaction, if you do not hand in your copy of the disposal - you are putting your whole trust in the hands of the other party to hand in their paperwork so it can be transferred. This causes all sorts of problems as you can imagine as people don't always tend to do the right thing.

Best bet is to go through the contact centre (13 11 56) as you won't get anywhere with a penalty withdrawal within a centre (need supportive documents).

This situation occurs a lot.

[ossie_21]

Good logic.

They send you the stamp duty, you don't receive it due to Aus Post
- your fault.
You send the papers in, they don't receive it due to Aus Post - your fault.

If I were you I'd go in and sort it out in person as mentioned, at least they may agree to waive the fine if you pay on the spot. Punishment doesn't fit the "crime" in this case

[Traitor]

Good logic.

They send you the stamp duty, you don't receive it due to Aus Post
- your fault.
You send the papers in, they don't receive it due to Aus Post - your fault.

If I were you I'd go in and sort it out in person as mentioned, at least they may agree to waive the fine if you pay on the spot. Punishment doesn't fit the "crime" in this case

There may actually be a fault at Auspost as to why they never delivered the mail - you'd need to find out and it is a viable option to take.

But as far as Transport side of things, was any sort of error made on their behalf? The vehicle was transferred, paperwork sent out & stamp duty not paid on time regardless of anything else. That is the facts.

Read what you sign. LOGIC. That and all the bolded red writing all over the disposal forms saying you need to pay within 28 days of disposal.

http://www.austlii.edu.au/au/legis/wa/consol_act/rta1974111/s24.html

Section 2D.

[AdN]

But as far as Transport side of things, was any sort of error made on their behalf? The vehicle was transferred, paperwork sent out & stamp duty not paid on time regardless of anything else. That is the facts.



This is why ive decided to pay the fine, i am pissed that it is admitting guilt but what can you do. They wont waive the fine as they sent my the invoice, its not their fault that i didnt get it. I would have thought a freindly phone called would have waived the fine but as i said the guy one the phone said my only option is to go to court and that ill lose. Shit position to be in, esp when the fine is 2.5x the duty owed.