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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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31 January 2016, this morning my husband and I were pulled

Customer Question

31 January 2016, this morning my husband and I were pulled over in Murphy Street, North Rockhampton, by 3 policeman in a van and were told we were driving an unregistered vehicle. They issued us with an infringement notice requiring us to pay $282 and issued a permit to drive home. As I am the usual bill payer in our household, I felt sure I had either paid the rego for our vehicle registration, in this case registration 813JLP, as I have done for the past 40 years or I would say I have not received a vehicle registration notice. On arriving home I have been through every current bill and every document related to our vehicle and did not find the notice. As an additional fact to this situation we have had mail that has been placed in the wrong letter box for most of 2015. We have since spoken to the resident in*****Berserker and she is willing to say that this has happened in the past but she did say she does not have any of our current mail. I believe that this situation is due to a fault on the part of either Department of Transport and Main Roads or Australia Post. The cost of this error would bring the cost of our rego from approx. $660 ( I do not know this year's rego cost as I have not received a notice) to approx. $1000 which includes rego, late fee and infringement notice. Two other relevant facts to note in this case are 1. the non-issue of a rego sticker which would have been easy to see and 2. Because it is the end of January I would have checked my January bills and noted that my rego had not been paid and would have checked tomorrow, February 1, why I had not received a Vehicle Registration Notice. Can you please advise or the best course of action? Thank you ***** *****
Submitted: 10 months ago.
Category: Australia Law
Customer: replied 10 months ago.
How can you give me a response by email if I have not given my email address??
Customer: replied 10 months ago.
As I have not got a response in 10 minutes, I may be timed out, so my email address is***@******.*** I await reply for $5
Expert:  Leon replied 10 months ago.

Good Morning

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.

I would suggest that you apply to have a court decide the matter.

You have to plead guilty to your failure with an explanation.

In the mean time you should attend to getting the vehicle registered ASAP and show that you are responsible.

The non issuing of the stickers cannot be relied on as a reason but you can mention it to the court. The government in their wisdom decided to remove their requirement and as a result in all states many have been caught out.

A statutory declaration from the neighbour that she has received it would assist as well as an explanation why she did not pass it on to you.

The court has the right to dismiss the fine provided it agrees that this was a one off and it will not happen again and that you have registered the car as soon as practicable after the incident.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon