Nominating a driver from overseas?

[GermanLawStudent]

Hello,

I am from overseas and spent ~7 months on a WHV in Australia. During my stay I bought a car and registered it on my name using the adress of my employer (in Victoria).

I sold the car on 12th of April 2016 to an Australian citizen and left the country on the same day. I do have a contract (Application for Transfer of registration) signed by both parties (Including his Victorian drivers license number and adress). The buyer promised me to change the rego to his name as soon as possible. The rego was valid until October 28th 2016.

He apparently did not change the rego and used various toll roads without paying. The toll notices got sent to my former employer who threw them away (too many letters).
Therfore I do not know exactly where and how many fines I have in total, neither do I have toll notice numbers.

I managed to get a list of fines at "Transurban" and "M5 Motorway", the amount exceeds 1000$. There are 3 penalty notices issued by M5 Motorway.

1. Is there a central toll fine register to find out about all outstanding fines?
2. What are the consequences of a penalty notice?
3. Is there anything I can do to get rid of my fines and make him responsible?

I explained my situation to the toll companies (the ones I know about) and got told to nominate a driver. The form has to be signed by a legal practicioner/justice of the peace - Since I am back in Germany I am unable to do this. I contacted the buyer on facebook and requested him to pay but he told me he is on a payment plan and does not want to pay at all.
I really appreciate any kind of answer!

 

[Tony Danos]

It is possible to assist you although you will need to consider the legal fees.
If you owe more than $3000 it would be worth it. Feel free to email me: [email protected]

 

[Rob Legat - SBPL]

As for the witnessing of forms from overseas, you can generally use a Notary Public or an Australian Consulate official. Depending on your location, a Notary Public is probably going to be easier to access, but they may charge for the service.

 

[Jermy]

Hello,

I am from overseas and spent ~7 months on a WHV in Australia. During my stay I bought a car and registered it on my name using the adress of my employer (in Victoria).

I sold the car on 12th of April 2016 to an Australian citizen and left the country on the same day. I do have a contract (Application for Transfer of registration) signed by both parties (Including his Victorian drivers license number and adress). The buyer promised me to change the rego to his name as soon as possible. The rego was valid until October 28th 2016.

He apparently did not change the rego and used various toll roads without paying. The toll notices got sent to my former employer who threw them away (too many letters).
Therfore I do not know exactly where and how many fines I have in total, neither do I have toll notice numbers.

I managed to get a list of fines at "Transurban" and "M5 Motorway", the amount exceeds 1000$. There are 3 penalty notices issued by M5 Motorway.

1. Is there a central toll fine register to find out about all outstanding fines?
2. What are the consequences of a penalty notice?
3. Is there anything I can do to get rid of my fines and make him responsible?

I explained my situation to the toll companies (the ones I know about) and got told to nominate a driver. The form has to be signed by a legal practicioner/justice of the peace - Since I am back in Germany I am unable to do this. I contacted the buyer on facebook and requested him to pay but he told me he is on a payment plan and does not want to pay at all.
I really appreciate any kind of answer!

Hi,
I am in NSW so I am not aware of what happens in VIC. So once a person sells a vehicle, the seller has to inform the RMS then the buyer can change the title to his name.
As for Victoria, you need to contact Vicroads and see the process. This is where you can be held responsible for (not contacting VicRoads).
For the offenses, what you can do is obtain your date existing/entering Australia from the Australia Immigration (I am not sure if there is a fee for this) and that way, with this report and the signed contract (Application for Transfer of Registration) you can show that you were not the person who is responsible for these offenses.
I think these two key points are the essential to your case (answering Question 3) , then the rest is time and process and you will get yourself cleared and have the responsible party held responsible for their action.
Question 1: ask VicRoads, they will know what all your fines are and by now it should be transferred to the collection agency which will have all your outstanding fines.
Question 2: If you don't respond (and/or pay the fines), it will be transferred to the collection agency and then depending on your fines, you will face court and lose your licence (unless you cover yourself in answer for question 3).
I am not a lawyer but from my general information.
You may seek advice from a solicitor handing such cases and can provide you with info too.
Hope that helps.

 

[pacsigning]

If you're looking to nominate a driver from overseas and need notary services, you can follow these steps:

1. Contact a Mobile Notary Public: Search for a mobile notary public in your local area who is willing to travel to a location convenient for both parties, such as the nominee's residence or a nearby office.
2. Schedule an Appointment: Reach out to the mobile notary to schedule an appointment. Clearly communicate the purpose of the notarization, which, in this case, would likely involve documents related to the nomination of the overseas driver.
3. Prepare the Documents: Gather all necessary documents for the nomination process. This may include identification documents, authorization letters, and any forms required for the nomination.
4. Verify Identification: Ensure that the overseas driver has valid identification documents, such as a passport or driver's license, to present to the notary for verification.
5. Attend the Notarization Appointment: Both parties, including the overseas driver, must be present at the notarization appointment. The notary will verify identities, witness the signing of documents, and affix their official seal.
6. Provide Additional Information: Be prepared to provide any additional information required by the notary, such as the purpose of the nomination and any relevant details about the overseas driver.