Vehicle Impoundment question

Improper use of a motor vehicle
Raiden M
Posts: 2
Joined: Fri May 31, 2019 5:10 pm

Vehicle Impoundment question

Postby Raiden M » Fri May 31, 2019 5:30 pm

Hi, I had my housemate’s car impounded due to disqualified driving, and now that it is due for release I have encountered a major problem. The car was brought unregistered and therefore not transferred in my housemates name. There is paperwork in regards to the sale, but the impound division is not accepting that as ownership of the car and want permission from the last registered owner, whom I don’t know and therefore have no contact with. The highway cop is satisfied with the proof of ownership but is away on leave. I am unable to get the last piece of paperwork, the 3rd party release form, needed for release. What can I do? I can’t afford to have the car collecting more fees and it’s worth too much to surrender.

Hardy
Site Admin
Posts: 8464
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Vehicle Impoundment question

Postby Hardy » Sat Jun 01, 2019 12:20 pm

The owner needs to attend and claim the car. If the owner is not the registered operator they can still recover the car. If the police refuse to release the car the owner simply sues the police. Before suing them you need to make a claim in writing demanding they release the car. It would help if the owner supplied a stat dec in which they state on oath that they own the car. Suing the police may not sound like a simple thing to do but it actually is. The downside is you probably need to pay a lawyer up front and then recover your costs from the police. Registration does not provide any evidence of ownership. In other words, just because you are the registered operator does not mean you have any right to possession of the car - it says so at s.9B of the Road Safety Act. So, being the owner entitles you to possession of the car, being the registered operator does not.

Raiden M
Posts: 2
Joined: Fri May 31, 2019 5:10 pm

Re: Vehicle Impoundment question

Postby Raiden M » Mon Jun 03, 2019 2:10 pm

Thank you Hardy. The police are still not releasing the vehicle even with proof of ownership. A letter has been forwarded and lawyer appointment Wednesday. Hopefully I won’t have to sell everything to cover any additional fees incurred whilst this drags on.


Return to “Hoon Driving and Vehicle Impoundment”

Who is online

Users browsing this forum: No registered users and 1 guest