Test Drivers Getting Fines On My Behalf!

[Unbalanced]

So I've got my car advertised in a few places, just seeing what sort of figure I can get for it.

I've had 3 people test drive it so far and 2 of them have gotten fines!!

I usually do the whole "give me keys to your car and your wallet" while they go and drive my vehicle for 5-10 mins.

In hindsight, a very foolish thing to do. But regardless, I've filled out the declerations and will be chasing up a JP to sign them in the next couple of days. All I know about the people that drove my car is their first names. I don't know where they're from, what their surnames are, what they do for a living. Nothing.

The problem is, i don't have the best driving record and I'm worried they're just going to think I'm making shit up and I'll get in trouble anyway. Which would be a massive problem as I'm on a prohibited license at the moment and though its my "full license", I only have one demerit point.

If I was to cop more points due to the stupid actions of idiots driving my car I would devastated and it would mean (at least) 12 months loss of license (i think).

What can I do? Or, what should I do?

Anything??

I just don't know!

[alr33x]

you really should have gone with them on the test drives.. or if ur guna let them take it get copies of their licence..

super unlucky man

[typevu]

The guy that test drove my car sped a bit so I got him to sign a form with his full details down saying he was driving at yadida time to yadida time.... just incase. Its better than nothing.

[Nightcrawler]

Why on earth would you let someone test drive your car without you in it? They probably did burnouts and all sorts of crap. Count yourself lucky no-one has reported your rego for hoon driving and you get a visit from the cops to take your car for 48 hours and charge you with hoon laws offenses (and YES, they most certainly can do that).

Sorry but you are screwed .... in the eyes of a cop sounds like a great story anyone who had 1 point left would make up.

But it won't hurt to try and plead it - trouble is you double your fines and then some by the time you let it go to court to plead your case. And given your previous driving record it would seem that speeding fines are par for the course, so they are unlikely to have any leniency.

[Unbalanced]

Why on earth would you let someone test drive your car without you in it?

Poor judgment of character on my behalf, combine with thats just how I've always done it and always had it done with me when buying/selling a car

Count yourself lucky no-one has reported your rego for hoon driving and you get a visit from the cops to take your car for 48 hours and charge you with hoon laws offenses (and YES, they most certainly can do that).

I did not know that, crazy! lol

Sorry but you are screwed .... in the eyes of a cop sounds like a great story anyone who had 1 point left would make up.

Hence why I'm worried

But it won't hurt to try and plead it - trouble is you double your fines and then some by the time you let it go to court to plead your case. And given your previous driving record it would seem that speeding fines are par for the course, so they are unlikely to have any leniency.

Yeah, I guess all I can do is fill out the forms and see what comes of it...

I just thought there might be some kind of evidence I could possible use to prove I wasn't driving at the time???

I don't know.... *sigh*

[SLEEPR85]

Sorry but you are screwed .... in the eyes of a cop sounds like a great story anyone who had 1 point left would make up.

+1, sorry buddy but unless you have some names and addresses or some kind of proof that you were not driving, saying to a magistrate that "Bill was driving my car at the time" will not cut it.

[willL]

I assume you have the test drivers phone number at least?

Get their details and fill out the nomination form on the other side of the fine which you received in the mail.....simple.

I don't understand to why you just let them take it without you in the car though..

Edited March 9, 2010 by willL

[Stol]

Some insurance policies say that you have to be in the vehicle when someone is test driving it otherwise your insurance is void, think yourself lucky they didn't write it off or worse... Unless you can get their full names I don't like your chances of pleading it. Good luck though.

[Unbalanced]

As much as I agree with you all and I do truly think I'm screwed...

Shouldn't it be up to them to "beyond any doubt" prove my guilt, not for me to prove my innocence?

[DRD-00F]

yeah, that would be nice, but that's not really how it is...

if you got a fine in the mail, they have enough proof to fine you (obviously), if you can't gather more evidence for the contrary to say otherwise, then you might be stuffed...

I would try and get in contact with the people that caused the fines and palm them off to them... I wouldn't take it.

[Nightcrawler]

Your only hope is that the speed camera photos were taken front-on and they can ID that the driver is not you. Have you asked for/seen the photos?

[Unbalanced]

I don't have either of the guys number because they called me.

The most recent one called from a private number (oh how I hate them... Now even more than what I did before) and the first one was over 2 weeks ago so his number is no longer in the call history of my phone.

... I really am screwed ay!

[SLEEPR85]

As much as I agree with you all and I do truly think I'm screwed...

Shouldn't it be up to them to "beyond any doubt" prove my guilt, not for me to prove my innocence?

When you get flashed, that is them obtaining pictorial proof that you are breaking the law. If your not the driver then it is up to you to prove that, but the fine is for the "car" speeding and because its registered in your name, YOU will be fined.

It sucks but that's the way it is. If you can get some names together man, go for it, but otherwise your stuck up shit creek with no paddle.

[Unbalanced]

Your only hope is that the speed camera photos were taken front-on and they can ID that the driver is not you. Have you asked for/seen the photos?

I haven't, no.

Only recieved one today, which I will request the photos.

The other one must've been a different kind of camera, because it didn't come with the option of seeing the photo.

[Nightcrawler]

I would VERY strongly argue that if they can't show you proof (ie. photo) of your car speeding, then they can't fine you.

[DRD-00F]

not a bad idea... if you can prove the one with a photo isn't you, then it's quite likely they'll dismiss the non-photo one too.

[craig132]

the same thing happend to me a while ago except it was a mobile mechanic that got the speeding fine, i went to the cop shop and explained to them what happend and the cop told me not to worry that he would sort it out and it all sorted out amazingly, never had to go to court or heard from the mechanic the police sorted it all. go to the cop shop and talk too them, they are quite helpfull.

[DIOR 33]

ok i havent read any of the previous posts but i have first hand info for you and you wont like it!

3 years ago my brother brought a car took some girl with him and she said she was me to the owner, filled out the form put my name, my address (not compleatly correct but you could work it out) my D.O.B, everything except my drivers licance.

just after he brought this car i had CIB on my door step handcuffs out and all telling me i own this car ect anyway they interogated me for an hour about this car saying its been involved in a road rage crime on goodwood rd against an off duty poilce officer, i told them i havent seen or spoken to my brother in over 2 years and i dont know his nimber or address but i have been told that he owns this car,

they left still thinking im hiding the car and followed me for 2 weeks, at my work, at my mum',s at my house ect.

Then i moved house, then i couldnt rego my car and had know idea why went down to the court house and found $6500.00 worth of fines, im not joking!

Because i moved house i never got any fines they kept getting sent back cause i never changed my address for postal cause my garaging address was my mum's house

So i had to get detales of the previous owner to speak to the fines department but then they wouldnt help and i had to speak to the expiation notice people then speak to the police. as it turns out because he got that girl to put the car in my name they obviously couldnt pay stamp duty, so every time he got a speeding fine or parking fine the fines would go to the original owner who them put them in my name because as far as he was concerned someone named kellie dodge brought this car.

I then had all the detales i needed after 3 hours on the phone with 4 different people and $50 worth of credit wasted

i had to fill out 12 form 51's and get them all singed by a jp and had to them submit them to be viewed befor a judge in a closed chambers and i woud be let known of the out come.

The judge decided that the car is mine and so are the fines so i had to them fill out more form 51's for each of the fines and stat decks and send them off

All this has been to no avail, over $100 worth of credit gone, and 2 days off work to deal with this

I now have a good behaviour bond for 12mths cause its my first time and $6500 worth of fines that i have to pay off $70.00 a fortnight

So hunni i know how you feel i had all the details because i knew it was my brother and his mates and there was sweet stuff all i could do because the previous owner said he saold the car to a kellie dodge

sorry babe

[DRD-00F]

that... wow...!

[GTR-32]

If the police cant prove it was you, and you cant prove it was anyone else, got some mates/family members that can take the points for you and you just pay the fines..?

Unless you can go down and have the car finger printed, surely their finger prints would still be on the wheel, dont know if you can do that tho LOL least that way you could find out who they are and hope they own up to driving you car between the hours of this and that when the fines were taken... But like i said, probly cant do that...