NSW Unregistered vehicle fines - insurers error?

[Zbee]

My mother is a pensioner on the NSW automatic renewal (concession) registration scheme. She paid her her 6 monthly CTP insurance with her usual provider (with a current greenslip). However, somehow, her provider had issues communicating this info to NSW RTA, and consequently, unbeknownst to my mother, she was driving around (supposingly?) unegistered.

Today she was travelling interstate and was pulled over. The officer would not allow her drive despite her indicting she had paid her CTP insurance etc. She was left on the side of the road in the middle of nowhere, crying, and told she can't drive and had to leave her car. She was also told she would be receiving two fines and most (if not all) points deducted due to the long weekend.

She had to organise a tow truck, her insurer wouldn't pay ironically at that point as we hadn't realised who's error it was, and was picked up from the nearest town, 100km away from where she lives.

The insurer has confirmed this was not my mother's error. What recourse do we have here? And could the officer have handled this any other way?

 

[Tim W]

The insurer has confirmed this was not my mother's error.

This is in writing?
Because unless it is, you have nothing.

What recourse do we have here?

Well, first, you need to understand that not "we". It's "she".
Now that the infringement has been issued, she has only one option.
She courts-elect the infringement, in the state where the infringement was issued.
The instructions are on the back. Note that there is a strict timeline, which is not flexible.
She will get best results if she gets a lawyer to represent her.

For the benefit of people who read this later, let's have a couple of other FAQs:

• Yes, she can engage a lawyer in the state where it happened, even if she lives elsewhere.
• No, an infringement from one state will not be heard in another
• No, angry, resentful, son - you can't stand up in court and speak on her behalf.
• Yes, a fine default from outside NSW (that is, simply ignoring an interstate fine) could see her NSW licence cancelled

And could the officer have handled this any other way?

No.

 

[Zbee]

Thanks Tim. We (as in 'she') plans on doing everything you have suggested. I also spoke to an officer from the station in question in regards to this matter, who apologised on behalf of the officer who pulled my mother over and who also confirmed there were indeed other ways that the matter could have been handled. Also, I am not my mother's son, I am also not angry or resentfull, not do I plan to 'stand up' and speak on my mother's behalf, but thanks for those helpfull 'FAQs'.