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VIC Vic Roads Refunded Rego to Previous Owner - Am I Liable to Pay?

Discussion in 'Traffic Law Forum' started by DaveBaner, 11 March 2016.

  1. DaveBaner

    DaveBaner Member

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    Hello Friends,

    So the scene is as below.

    • I bought a secondhand car inclusive of free one-year rego (til Feb 2017)
    • I did the PPSR check where it confirmed the rego of the car was valid till Feb 2017
    • The previous owner gave me an original certificate of rego which was in his name and it showed that the expiry is 2017.
    • I brought the car on 12.02.16 and got the car transferred in my name on 15.02.16
    • Now on 11.03.16, I get a call from Vic Roads saying that the guy, whom my previous owner had bought it from, has asked for a refund of the rego as he had paid it 'by mistake' and now I have to pay it.
    • I have been given a time of 25.03.16 to pay up.
    I know that there is no fault of mine and even Vic Roads verbally agrees with me but they say they can only send notices to me as the car is transferred in my name now.

    Worst case scenario I will pursue the matter legally. I need guidance in how to go about it and whom to approach.

    Regards
     
  2. Rod

    Rod Well-Known Member

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    Your action is against the previous owner of the car. Keep copies of the ads you saw for the car that mention the rego.
     
  3. DaveBaner

    DaveBaner Member

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    Thanks for the message Rod.
    • There was no ad. I came to know through an acquaintance.
    • Previous owner gave me all the docs validating his claim which I independently verified.
    My problem is with the rule of Vic Roads that the money can be refunded to the person who paid the rego if they can prove it. This is subject to misuse as any previous owner can go and claim back the rego fees even after selling the car with rego.

    Can you tell me in which court will this case be entertained?

    Regards
     
  4. Rod

    Rod Well-Known Member

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    Your choice of VCAT or local magistrates court. VCAT is cheaper and quicker and pretty much DIY. Magistrates court is more formal and you must follow due process more closely and would probably require a lawyer to do it properly.

    Proving your side of the story will be hard without written evidence (eg SMS, email etc)
     

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