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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Maurice, i live in WA. My partner moved to WA in March,My

Customer Question

Hi maurice, i live in WA.
My partner moved to WA in March,My aunty had given me her vehicle but we didnt realize the vehicle reg had run out in April. On Thurs 14th may he got pulled up in our drive way for operating an unlicensed vehicle, He explained to the officer he hadnt been able to chance his licence from NZ to WA yet and that we didnt know that the reg had run out and he had just taken me to work. The officer had taken my details down from my partner and nothing else was done. My partner rung me at work to tell me what had happened so i paid the registration immediately. On Tues 19th of may the officer returned to my home and issued me a fine for use of unlicensed vehicle dated for the 14th where i was not the person operating the vehicle at the time it had been pulled over, I was not the owner of the vehicle, I paid the registration 5 days before the officer gave me the fine.The location is different to the location my partner got pulled over and now i have been suspended because i havent been able to pay the fine as i am the only one working at the moment. just wondering if there is anything i can do about this fine?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

How long ago was the fine due?

Customer: replied 1 year ago.
3 months
Customer: replied 1 year ago.
My last letter was last month
Expert:  Leon replied 1 year ago.

You can try and have the matter go to court.

Had you done this when you received the fine the court may have dismissed it

Now because of the enforcement you have to have the enforcement set aside and then the court to hear the matter. The delay is not going to assist you.

How much is the find and can you offer anything by instalments?

Customer: replied 1 year ago.
$367.00. I hadnt done anything because i wasnt sure what to do as i have never received any infringements before. Had a clean licence another thing is i wasnt sure why I got issued the fine in the first place as i was not in or around the vehicle at the time my partner got pulled over and also I wasnt sure if this is a rule in WA. It just feels like the officer didnt want to charge my partner as he had a NZ licence and charged me because i had a WA licence.
Expert:  Leon replied 1 year ago.

If the car is in your name then you are the one that is issued with the notice.

Customer: replied 1 year ago.
The car wasnt in my name
Expert:  Leon replied 1 year ago.

What is the infringement for and in whose name is ***** *****?

If it is not in your name then it may be the person that was issued the notice notified the infringement bureau you were the driver

Customer: replied 1 year ago.
Use of an unlicensed vehicle. No because i contacted the owner of the vehicle and told them who was driving and what happened because they had not told me when the registration was due. The issuing officer had gotten my full name and details from my partner because he had told my partner he wanted to see if his story had checked out i waited for the phone call hadnt received one 5 days later he was on my doorstep issuing me a fine.
Expert:  Leon replied 1 year ago.

The infringement is in the wrong name. It should have been issued to your partner.

You have to contest it in court.

Here is some detailed information about infringements in WA

http://www.legalaid.wa.gov.au/InformationAboutTheLaw/crime/Pages/InfringementNotices.aspx

You have to contact them on the number in the article and advise that you want to deal with this in court and they will tell you what the process is.

You should have done this at the beginning now it is not going to be simple

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