VIC Impounded car

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Darkness25

Active Member
15 June 2022
10
0
36
Earlier this year my car was impounded, I followed protocol and handed it over as instructed.
I left the police station with no paperwork or information, with the exception that 1. I will receive a phone call from the police about the matter in the near future, and 2. I shall receive paperwork and documents by mail in regards.
In short, gave up waiting and called, only to be told that my vehicle was now property of the crown and shall be disposed of.
I received no calls, no emails, no letters, no paperwork and have continued to pay the rego.
Is there any hope of getting my car back?
 

Harry De Elle

Well-Known Member
11 February 2017
78
4
289
I'm sorry to hear about your situation. It sounds like a frustrating experience. In cases where a vehicle has been impounded and you were not properly notified, you may have some options to explore. Here are some steps you can take:

1. Contact the Impounding Authority:

  • Police Station: Reach out to the police station where your car was impounded. Ask for details about your case, the status of your vehicle, and the reasons behind the disposal decision.
  • Impound Lot: If you know the location where your vehicle was stored, contact the impound lot for any information they might have.

2. Request Documentation:

  • Request all documentation related to the impoundment, including the impound notice, any letters supposedly sent to you, and records of attempted contact. You have a right to this information.

3. Check with VicRoads:

  • Contact VicRoads to confirm the current status of your vehicle registration and ownership. Ensure that the vehicle has indeed been transferred to the Crown and not just listed as unclaimed.

4. File a Formal Complaint:

  • If you believe proper procedure was not followed, you can file a formal complaint with the police department and the Victorian Ombudsman. The Ombudsman can investigate complaints about administrative actions and decisions made by government agencies.

5. Seek Legal Advice:

  • Consult with a lawyer who specialises in traffic law or property law. They can provide you with specific legal advice tailored to your situation and help you explore options for recovering your vehicle or receiving compensation.

6. Consumer Affairs Victoria:

  • Contact Consumer Affairs Victoria for additional advice and support. They may have resources or be able to direct you to the appropriate channels for resolving disputes related to impounded vehicles.

7. Review Legislation:

  • Familiarise yourself with the relevant laws and regulations regarding vehicle impoundment in Victoria. This includes understanding your rights and the obligations of the authorities. The Road Safety Act 1986 and associated regulations might be particularly relevant.
 

Darkness25

Active Member
15 June 2022
10
0
36
I called the police, they said they can do nothing, except give me the number for the impound.
So I called and called with no success and resorted to emailing. I then received a reply stating that my vehicle is now property of the crown along with some kind of document
 

Harry De Elle

Well-Known Member
11 February 2017
78
4
289
I called the police, they said they can do nothing, except give me the number for the impound.
So I called and called with no success and resorted to emailing. I then received a reply stating that my vehicle is now property of the crown along with some kind of document
Exhaust as many of the avenues listed above, as soon as possible. Read the link too....https://www.police.vic.gov.au/vehicle-impounds
 

Darkness25

Active Member
15 June 2022
10
0
36
Who should I request the relevant info from?
And I shall be exhausting all avenues as you laid out for me
 

Harry De Elle

Well-Known Member
11 February 2017
78
4
289
Please read my reply carefully. It outlines - Vicpol, Vic Roads, Vic Ombudsman, Consumer Affairs, traffic & property lawyers.
This communication is now terminated. Thank you and Good Luck.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,824
1,072
2,894
www.hutchinsonlegal.com.au
Not enough information to know how to respond. The reason for the impound will likely dictate rights here.

The Government has clearly established rights to 'take' property that were formerly owned by a citizen.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,824
1,072
2,894
www.hutchinsonlegal.com.au
You may be able to apply at your local Magistrates' Court to have the vehicle released.

The detail around the impound is important as it may have been a forfeiture not an impound. Previous offences comes into play and the duration of the impoundment.