NSW Fine for driving an unregistered vehicle - Aged pension

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Step

Member
8 August 2021
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Good afternoon,

Hoping to get some advice please.

We recently received a fine for driving an unregistered vehicle however the registration renewal notice that we received at the time from service NSW was of $0 value as we have a valid concession card.

At the time of receiving the renewal notice, we did not think any action was required and simply forgot to note the receipt number on the paperwork (although this could be easily retrieved online should this be required).

I have disputed this with Service NSW who, in writing, acknowledged there was an error in their system as due to the passing of my mother, the concession card was no longer valid and so the registration was no longer "$0" value. Despite the fine was the result of this system error and there was no attempt to contact us to advise of this change after the original renewal notice was issued, the fine still stands.

I am in disbelief at the last of compassion shown as this not another case of "I simply forgot to renew".

I am seriously considering taking this matter to court however the only evidence that I have is the physical renewal notice that was issued. I am not sure if this is enough?

I have disputed this twice with Service NSW and have been knocked back both times with really pathetic reasons e.g. you should have noted the receipt number.

The fine was issued to my father who does not speak English but I have completed the paperwork required to discuss this matter on his behalf. I would like to avoid going to court if possible as I do not wish to attend court with my newborn. as due to the COVID restrictions, I do not have access to my network to look after my child =(

Thank you for taking the time to read this and I hope to get some advice.

Thank you.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
...but I have completed the paperwork required to discuss this matter on his behalf....
Clarify for me...
Which "paperwork" ?
And discuss with whom?
 

Step

Member
8 August 2021
2
0
1
Hi Tim,

I have completed the "Authorise to act" form on the Revenue NSW website that would allow me to discuss matters relating to the fine on behalf of my dad. His name is on the fine but to be honest I look after the bills at home (pay for all the rego, insurance, electricity etc).

I assume completing this form would also allow me to represent him in court?

Thank you for reading the post and coming back to me.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
I assume completing this form would also allow me to represent him in court?
No, it doesn't.

Also, understand that there is no "we" here.
The person whose name is on the infringement is the alleged offender.

I would be inclined to suggest that he court-elect the infringement and try his luck.
Be mindful of the very tight (and utterly inflexible) time limit in which to do that.
I most strongly suggest that you take yourself to a nearby Community Legal Centre for advice.
When you do, be sure to ask about getting him an interpreter for court.