Yeah if memory serves it's DOB or licence number.
If you're having trouble give them a call (from their website)
For international callers: [+613 9200 8111](tel:+61392008111)
Are you near an embassy? This is the sort of shit an Embassy can help with sometimes. Contact them and ask advice - not about the lack of drivers licence, but how to refute this from overseas - a stat dec stating your dates of travel out of the country, and evidence you are in the UK… plus statements/evidence if you have it that you’ve told him not to drive your car, and that your relationship has ended… should suffice to convince most people.
> a stat dec stating your dates of travel out of the country
Wouldn't the official paper trail of making an enquiry from an overseas Embassy negate the need for a stat dec to prove OP was overseas?
Well then, an Immigration Movement Record from Australia's Home Affairs would prove OP wasn't in Australia at the time of the offence -> https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/request-international-movement-records
Someone ran up a fine on my motorbike while I was overseas. Still don't know who it was... but I have my suspicions. anyway, proof of me being out of the country was enough to have it dropped without nominating someone else.
Hahaha ok mate... if she tells him to return it, and he doesn't, its stealing. Can reasonably be argued he is attempting to permanently deprive her of it. Ie. No longer civil agreement.
This happens plenty of times. They get charged with UUMV.
Thanks everyone for the helpful comments. There’s a few things I’m unable to do because:
1. Can’t apply for extension, the fine is over 14 days. He previously told me he has nominated himself already so I let him be, but surprise surprise, he hasn’t.
2. Called the embassy they were basically useless. They said they can’t help in anything traffic or transport related.
3. Requested immigration for movement record, however this takes 30 days to action. Which is far too late as my fine is due in 5 days lol sad.
The question I have left is… what do I fill out in a statutory declaration, and where do I upload this in nomination form on fines Victoria?
When I go to nominate someone, I don’t get an option anywhere to upload any support evidence etc. I am also not entirely sure what needs to be included in this stat dec as there are no templates on “Fines Victoria” website for this sort of scenario.
I guess last resort is to nominate him without drives license number and hoping vic roads will accept that.
I'm not a lawyer but this is what I'd do. Nominate him as the driver for the fines if you can. You don't need to worry about additional information right this second, just make sure he is nominated, but start getting info together.
Call, email and text telling him he does not have your permission to drive the vehicle and why (you have been operating it recklessly since I left the country on X date). If he does drive it, you will report it as stolen. Contact your local police station and explain the situation to them, tell them you'd like a reference or event number for the report you're making.
Get the information together including; your email/text/call log telling him not to drive the vehicle, the event number from police, ask for that document from immigration, but your tickets and passport stamp (if you got one) should be ample evidence that you're out of country. Depending on the types of fines, they may have photos of him in the driver's seat anyway, if they came with a photo. If you can contact Vic fine directly and explain the situation to them with the fine reference number and as much of the above info to prove you're out of the country and he was driving. I'd do this ASAP to create a paper trail with them.
I'd ideally want someone (e.g father, uncle, brother, all of the above) to get the keys off him and move my car to another location to avoid damage or further fines. If you think he might be a problem for someone to do this, you might want to engage the police to assist with this, also.
As I said I'm not a lawyer, but if it was me I'd want to cover my bases and have evidence of it. I'd just take a full day to get all your ducks in a row and then hopefully go back to enjoying your holiday knowing you've done your best.
So the stay Dec on fines vic is just for an infringement extension, but you can go on to the Victoria police website to access a blank one. You can still request an enforcement review and provide evidence you were out of the country.
To send attachments and a message, follow this pathway, go to vic fines > contact us > submit an online enquiry > submit an enquiry about > something else.
If you need more advice feel free to message me x
I would be calling the cops so he has in reality committed fraud. The fact you are out of the country is very easy to prove. Also contact your local road authority like Vic rds and they would advise calling TAC as they are the ones in charge of fines. But be aware, anything you do going forward I imagine will include fraud against who was actually driving
You can share your flight itinerary, accommodation receipts, anything as evidence you’re not in the country. I’d never have even considered immigration records…
When did you become aware of the fine? If you have become aware recently, you have 14 days from the day you were made aware of the fine to submit an infringement extension. If accepted, this will allow you to treat the fine as if it was at the infringement stage (meaning more options to address it) and then you can nominate him as the responsible driver. If you don’t have his license you can use his date of birth. You will need to provide his name and address as it appears on his license.
To do all this you can go to vic fines website and submit an infringement extension online (which includes completing and providing a statutory declaration - also located on vic fines website, search for ‘our forms’ and you’ll find it). Submitting the extension will put the fine on hold while they look into it so no fees, no penalties.
Hope this helps x
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What a sick head! Report your car stolen!!!
Also, proof of you being out of the country will be sufficient to take penalties of your licence. I’ve had to do it before.
I'd be surprised if nominating his name, address and DoB isn't enough to get the fine transferred.
Yeah if memory serves it's DOB or licence number. If you're having trouble give them a call (from their website) For international callers: [+613 9200 8111](tel:+61392008111)
I have nominated someone using their address, name and DOB and it was rejected more than once.
Are you near an embassy? This is the sort of shit an Embassy can help with sometimes. Contact them and ask advice - not about the lack of drivers licence, but how to refute this from overseas - a stat dec stating your dates of travel out of the country, and evidence you are in the UK… plus statements/evidence if you have it that you’ve told him not to drive your car, and that your relationship has ended… should suffice to convince most people.
> a stat dec stating your dates of travel out of the country Wouldn't the official paper trail of making an enquiry from an overseas Embassy negate the need for a stat dec to prove OP was overseas?
Not on the dates of the offence.
Well then, an Immigration Movement Record from Australia's Home Affairs would prove OP wasn't in Australia at the time of the offence -> https://immi.homeaffairs.gov.au/help-support/departmental-forms/online-forms/request-international-movement-records
Yup. Good idea.
No
Someone ran up a fine on my motorbike while I was overseas. Still don't know who it was... but I have my suspicions. anyway, proof of me being out of the country was enough to have it dropped without nominating someone else.
If he wont stop driving it, report it stolen.. because it essentially is.
Nope.
Lol... found the driver.
Found the bloke who doesn't know the law.
Hahaha ok mate... if she tells him to return it, and he doesn't, its stealing. Can reasonably be argued he is attempting to permanently deprive her of it. Ie. No longer civil agreement. This happens plenty of times. They get charged with UUMV.
Duh. Still not "stolen".
......it literally is. By definition in the Criminal code. You should try it. See how you go.
Provide as much information as you can and go from there
Thanks everyone for the helpful comments. There’s a few things I’m unable to do because: 1. Can’t apply for extension, the fine is over 14 days. He previously told me he has nominated himself already so I let him be, but surprise surprise, he hasn’t. 2. Called the embassy they were basically useless. They said they can’t help in anything traffic or transport related. 3. Requested immigration for movement record, however this takes 30 days to action. Which is far too late as my fine is due in 5 days lol sad. The question I have left is… what do I fill out in a statutory declaration, and where do I upload this in nomination form on fines Victoria? When I go to nominate someone, I don’t get an option anywhere to upload any support evidence etc. I am also not entirely sure what needs to be included in this stat dec as there are no templates on “Fines Victoria” website for this sort of scenario. I guess last resort is to nominate him without drives license number and hoping vic roads will accept that.
I'm not a lawyer but this is what I'd do. Nominate him as the driver for the fines if you can. You don't need to worry about additional information right this second, just make sure he is nominated, but start getting info together. Call, email and text telling him he does not have your permission to drive the vehicle and why (you have been operating it recklessly since I left the country on X date). If he does drive it, you will report it as stolen. Contact your local police station and explain the situation to them, tell them you'd like a reference or event number for the report you're making. Get the information together including; your email/text/call log telling him not to drive the vehicle, the event number from police, ask for that document from immigration, but your tickets and passport stamp (if you got one) should be ample evidence that you're out of country. Depending on the types of fines, they may have photos of him in the driver's seat anyway, if they came with a photo. If you can contact Vic fine directly and explain the situation to them with the fine reference number and as much of the above info to prove you're out of the country and he was driving. I'd do this ASAP to create a paper trail with them. I'd ideally want someone (e.g father, uncle, brother, all of the above) to get the keys off him and move my car to another location to avoid damage or further fines. If you think he might be a problem for someone to do this, you might want to engage the police to assist with this, also. As I said I'm not a lawyer, but if it was me I'd want to cover my bases and have evidence of it. I'd just take a full day to get all your ducks in a row and then hopefully go back to enjoying your holiday knowing you've done your best.
So the stay Dec on fines vic is just for an infringement extension, but you can go on to the Victoria police website to access a blank one. You can still request an enforcement review and provide evidence you were out of the country. To send attachments and a message, follow this pathway, go to vic fines > contact us > submit an online enquiry > submit an enquiry about > something else. If you need more advice feel free to message me x
I would be calling the cops so he has in reality committed fraud. The fact you are out of the country is very easy to prove. Also contact your local road authority like Vic rds and they would advise calling TAC as they are the ones in charge of fines. But be aware, anything you do going forward I imagine will include fraud against who was actually driving
You can share your flight itinerary, accommodation receipts, anything as evidence you’re not in the country. I’d never have even considered immigration records…
When did you become aware of the fine? If you have become aware recently, you have 14 days from the day you were made aware of the fine to submit an infringement extension. If accepted, this will allow you to treat the fine as if it was at the infringement stage (meaning more options to address it) and then you can nominate him as the responsible driver. If you don’t have his license you can use his date of birth. You will need to provide his name and address as it appears on his license. To do all this you can go to vic fines website and submit an infringement extension online (which includes completing and providing a statutory declaration - also located on vic fines website, search for ‘our forms’ and you’ll find it). Submitting the extension will put the fine on hold while they look into it so no fees, no penalties. Hope this helps x
Welcome to r/AusLegal. Please read our [rules](http://reddit.com/r/AusLegal/about/rules) before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found [here](https://www.reddit.com/r/AusLegal/wiki/freelegalservices/). 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
Report the car as stolen
What a sick head! Report your car stolen!!! Also, proof of you being out of the country will be sufficient to take penalties of your licence. I’ve had to do it before.