QLD Lent Someone My Car - Threatening Malicious Damage of Property?

[Vivien]

I currently live in Denmark and return to Australia about every 2 years. As I was not using my 2001 VW Transporter Van in the interim, I lent it to someone who promised to maintain it in the interim and pay any tolls fine, etc.. He has continually incurred numerous tolls and fines which reach me only after admin costs are incurred and I have also had the State Debt recovery garnishee my bank account to pay unpaid fines. He has threatened malicious damage should I try to recover my van. It is registered in Qld, however, he is currently driving it in NSW.

Any attempt to ask for payment of fines or recover my vehicle has been met with the threat “You can get f****d and I will tear the van down”.

If I ask for the van to be returned and it is not, then I can report it as stolen, however, the condition of the van, I believe in that case would be somewhat decimated.

I ask if I could act upon the threat of Malicious Damage to have its return enforced?

I am returning in January 2017 and require the car, what can I do in the interim to have my vehicle returned to me? I am on a disability support pension, is pro bono legal assistance available to me?

 

[Michael T]

Some questions:

• Do you have anything in writing about your agreement re the van?
• Do you have car insurance?

Contact the QLD Department of Transport to see if they have any suggestions. Contact the authorities that sent you fines etc to get on top of it and you can usually nominate the actual driver for the fines/tolls.

 

[Vivien]

Some questions:

• Do you have anything in writing about your agreement re the van?
• Do you have car insurance?

Contact the QLD Department of Transport to see if they have any suggestions. Contact the authorities that sent you fines etc to get on top of it and you can usually nominate the actual driver for the fines/tolls.

Yes (E-mail letter) & yes, insurance.

I have sent stat decs re driver, but usually too late by the time they, the toll notices arrive in Denmark and I can do something about them, they have incurred extra fees and is past the due date for the nominating driver. some have been waived, others - the driver has been nominated, but if they are ignored by him, the toll authorities say that ultimately I will be liable anyway.

The parking fine which ended in garnisheeing my bank account have stated that I can protest and will probably win as I was in Denmark, however, it will cost me a further $50 for the application and must get details from immigration to affirm I was in Denmark. I considered the fee & extra cost and trouble was simply too hard to do from a distance and have let it ride.