QLD Penalty Notices on Vehicle Sold with No Transfer Papers?

[BeccaJ]

Hi there, I really need help please!!!

I am a UK citizen currently applying for a partner visa with my Queensland partner. We met while I was backpacking during which time I owned a camper van from August last year til March this year. I had bought the van from some other backpackers but with no papers and had to roadworthy it etc to register in my name in QLD. When I sold it on I was in Victoria and didn't have any transfer papers: I naively assumed the buyers could simply do what I did to get it in their name. However no one has re-registered it and it's still in my name. The NSW State Debt Recovery office recently took several hundred dollars from my bank account which alerted me to the issue. When I called them they said there were fines and enforcement orders totalling around $2000, which had been going to an old address of mine.

All I have is a receipt of sale signed and dated by myself and the buyers. Because I have no official papers the Queensland TMR won't give me a notice of disposal. They also can't cancel the rego without the plates: whoever had it in August managed to renew the rego online and so it's still on the road for 4 more months, clocking up hundreds more dollars of fines. The guy I sold it to is French and I only have his address in France, which I've been putting on the Stat Dec's at the advice of the NSW State Debt Recovery Office (SDRO). However I Googled the van and it was recently on sale on Gumtree in Sydney, by a different seller.

I am concerned about several things:
- If I put the name of the person I sold it to on the Stat Decs, will I get in trouble as they no longer own the vehicle? In which case, is it best to not tell the SDRO what I know about the recent sale online?
- Will this affect my visa application?
- Being a UK citizen, where is the best place to get legal assistance on this matter?

Any light you can shed on this would be very much appreciated.

Many thanks for your time

 

[Sarah J]

Hi Becca,

Lack of a paper trail is always a frustrating ordeal.

1. I would put all information you know, including the name and address of the person you sold the van to, on the statutory declaration. Also include the fact that the van is now listed on gumtree and take a screenshot or print page of the advertisement with the seller's details as evidence. This will help support your case that the van is no longer in your hands and was sold on. The department can then contact that seller and get their side of the story (which should hopefully collaborate with yours) if need be. What you need to prove here is that you were not the driver (or owner) of the van at the time the van incurred those fines.

2. Get as much information as you can about the online registration. Call the registration office and enquire as to times, dates, who registered etc. If you can't get much information from them due to privacy issues, refer the department to the office and get them to enquire about specifics of the registration. This will also collaborate with your claim that you sold it at X date and was no longer owner/responsible for the van at the time of the fines.

3. This may affect your visa application if the fines remain pending and the department decides to pursue action against you. However, I am not sure about this so I would recommend you contact the Immigration Department of Australia and enquire.

4. If you're seeking further legal advice, contact your local community legal centre in Qld. They advise all persons who live in the area and where they cannot, should be able to refer you on to someone who can assist you.

 

[BeccaJ]

Hi SarahJ

Many thanks for your speedy and helpful reply - just to update you I have spoken to Law Assist NSW who gave me some further advice and I am now going through the annulment application process for the four enforcement orders and continuing to fill in Stat Dec's for any further PN's. If I can prove hindrance of the original penalty notices (why I couldn't deal with them before the due dates) I may be able to have the enforcement orders reviewed, otherwise I have to go to court, separately for each one!

I followed up re the online registration - the QLD Main Roads customer service centre were able to give me the date, time c/c type and receipt number which I then, on advice from the SDRO and Police Link, took to my local police station who are now following it up as an occurrence of identity fraud. They may be able to get the details of who made the payment, but it could take a while and might not happen.

Re immigration, I must declare any outstanding fines to the Government or public authority on the application. I'm not yet sure how to handle this so will take further advice from the department, I may need some legal advice from an immigration expert too!

Many thanks,

Becca

 

[Sarah J]

Hi Becca,

Thanks for the update and I wish you the best of luck with your matter.

Thanks for keeping us updated about your progress. Hopefully your experience will be able to help others in Australia in similar situations (as I imagine there to be quite a few).

Hope it works out and keep on updating us