Busted - Unregistered Car - Advice Please [NSW]

LDan83 on 07/10/2018 - 16:40
Last edited 08/10/2018 - 22:29 by 1 other user

I will try keep it brief… First forum post too…

I was just pulled over and fined by the Police for driving my (unbeknownst to me) several-months-ago unregistered car. I had to leave the car on the side of the road. The Police officer lost his hard exterior a bit once he saw my driving record doesn't have a single blemish and suggested I call/write to the state debt recovery office to see if they can take this into account and be lenient (the fine he said would be over $2K!). Otherwise I need to see the RMS to try and renew it on Monday (tomorrow). I will do both.

Any other suggestions or advice from someone caught in this position before???

One thing I am really curious about, does anyone else receive emails from RMS/Service NSW telling them that their rego is due soon? This is critical information, particularly as they took away the stickers for the car with the rego date on them.

I just checked and my postal mailing address is wrong - hence why I did not receive the hard copy… I got a few unimportant emails from Service NSW during the last year, a reminder for rego would have been nice too!!! I also can't see a tick option for something like 'receive rego via email'.

What a crap day…

Cheers

UPDATE 8/10

I have my car registered again!!! :)

Blue slip, CTP, new plates - what a relief… Now to wait for the fine.

Thanks for the insights everyone, particularly those that have been in a similar situation and offered some advice, plus those who shared their experience with emails/notifications from the RMS.

For all those that answered about emails/SMSs etc - it looks like it is all a bit random and inconsistent, which is pretty poor. As I've mentioned, I didn't get either. I asked two of the RMS officers today, one said they don't do it (which is obviously wrong, going off what others have mentioned here), the other said, "I get them, you didn't?". She checked and had my correct details. The CTP company said they don't do it either! Will try the app others suggested and of course setting my own reminder.

Will sign off with this interesting article on the topic: https://www.dailytelegraph.com.au/news/nsw/drivers-fined-mil…

Automotive

Comments

    • askme69 on 09/10/2018 - 09:51

      It's not the Stickers which are causing the increase.

      It's the ANPR (Auto Number Plate Recognition) Police use now.

  • AsSeenOnTv on 09/10/2018 - 04:49

    At least you didn't have an accident which would have been the cost of damages plus the fines.

  • Luke212 on 09/10/2018 - 08:48
    +1

    Rego is not something you should have to remember. Put it in your calendar for next year or the next 5 years. Done. If you are not organised like this you are putting stress on your mind. We have enough stress in life.

  • wchau on 09/10/2018 - 09:35
    +1

    I feel your pain bro.. i had a similar case but it was for a trailer that i use 2 times a year.. never got a reminder in the mail or notice either. Cops pulled me over .. reg only over by 1 month .. $600 fine.
    Wrote letter to explain above.. and they replied with letter saying it was your responsibility. That was it. Only cost like 60 or so bucks to register.. but fine is 10x which is the absurd bit. FMD ! Why so much is why I really am perpelexed. More than a red light/speeding ticket and it wasnt as though it was intentional.. in my opinion maybe a lesser fine (half or something) but also perhaps a strike out system is fairer.. 600 is just too much.. similar to your 2000.. its all about the money for them !!

    • h4zey on 09/10/2018 - 12:46

      because it's all about revenue..

    • [Deactivated] on 09/10/2018 - 19:12

      Friend got $550 for a partially covered number plate (bikes) on a licenced insured roadworthy vehicle ,so I'm thinking
      $600 is cheap for unregistered

      • gimme on 13/10/2018 - 14:18

        yeah but that's the oldest trick in the book to avoid MUCH larger speeding fines so being roadworthy and licensed doesn't mean much in that context.

  • Stillill on 09/10/2018 - 16:02

    Hey OP. I got done in a similar situation around 5 months ago (was a month out of rego). Understand all the comments in this thread, could have been much worse for me etc.

    However, just wanted to let you know that I took it to court as I had a 7 year clean driving record. Admitted to my mistake, said there was no excuse, that I moved house and jobs around that time but that it was ultimately my responsibility to ensure my car is registered (duh). Told them I'd set up reminders via the app, had a clean driving record and would never happen again. The judge reduced the fine to $200 plus court fees (around $180) from $2200. Take note you may have to wait around almost all day depending on how busy it is. Hope this helps!

    • Dan83 on 09/10/2018 - 21:29

      Thanks for sharing mate. Very good info to have. Did you try the letter approach first? What made you want to try the court route? Clearly it worked well for you! This would be at your local court house no doubt? Thanks again.

      • Stillill on 11/10/2018 - 19:15

        I called the local cop shop and spoke to the guys boss, who agreed that the fine was a bit over the top (all 3 fines - no rego, no ctp, no road tax), especially considering I had a clean record. Spoke to a guy I knew who was highway patrol and he said to take it to court for sure.

        I tried to dispute the fine via SDRO but they knocked it back, so I just opted to take it to court. I got pulled over in Waterloo so went to court in the city, represented myself and managed to get it reduced to around $380 from $2200 odd (think that was the right amounts).

  • edwardcr on 09/10/2018 - 21:47

    Look on the bright side!

    A couple of thousand dollars in fines - but it might have been a couple of million in damages if you had hit and seriously injured someone!

    An expensive but useful learning experience.

    But there is absolutely no excuse for letting your rego get seven months out of date - it's entirely your responsibilty to ensure that your contact details are up to date.

  • Click_It on 10/10/2018 - 07:25
    +2

    Similar happened to me last year except only 3 weeks over. Fight it, you'll win.

    I took it to court, my clean driving record since 1999 won me a section 10 victory in 60 seconds. NSW police didn't even bother showing up knowing they'd lose. Fines and costs reduced to $0. The judge was having a bad day too.

    Forget state debt recovery, they can't intervene when there is no loss of points. Assuming that's the case like it was me.

    • Dan83 on 11/10/2018 - 23:35

      Wow, that is interesting! Thanks for sharing.
      Yes mine will be no loss of points. Where did you hear that State debt recovery can't intervene?

      • Click_It on 11/10/2018 - 23:42
        +1

        Where did you hear that State debt recovery can't intervene?

        From State Debt Recovery

        They told me I'd be wasting my time even bothering to write it in to them and I'd be best taking it to court.

        In court all I got to say was "guilty" to the magistrates plea question, then listened to him change his tune and backtrack saying "I'm just taking a look at your file, it says here you haven't had a traffic infringement since 1999… I'm granting you a section 10, you're free to go"

        Done in 60 seconds, I never even got to open my folder to represent myself.

        Perhaps equally enjoyable was walking past a guy I knew who had been driving without a licence, dressed in a footy shirt and thongs who laughed at me for turning up in a suit. He had a very different outcome.

        • Dan83 on 12/10/2018 - 20:39

          Haha that's brilliant. Great to hear your story. I might take it that way too. It's a similar situation for me, no traffic infringement since around the same time (do L's count, or are you counting from your P's?).

          • Click_It on 14/10/2018 - 10:43
            +1

            @Dan83: I can't remember if I was still on my P's or full license back then. But typically the way a magistrate looks at it is if it's a first time offence and whether you've had a section 10 in the last 5 years - a section 10 to my knowledge can't be awarded twice in a 5 year period and it is there to recognise you did the wrong but but it was out of character. Always go with a guilty plea or they'll throw the book at you, section 10's are there for people like you (and I) who made a silly mistake. The only difference is mine was 3 weeks and yours in several months so you may only get a reduced fine but you will certainly come away with a win, no doubts in my mind.

            Fight it, I suggest representing yourself so to not go in looking like you are above the law (a friend in a similar boat lawyered up and lost) but that depends how you feel about going in on your own. Remember this - the magistrate whoever they might be, is just another human like us. I've been to court a few times over different cases (won every time I'll proudly say) and found them to be fair and reasonable if you present a valid case.

            Dress up, distinguish yourself from the majority who will disrespect them by going in like slobs. The court room is their house and requires the appropriate respect.

            (I lived with a solicitor for a few years)

            • Dan83 on 14/10/2018 - 21:07
              +1

              @Click_It: Thanks for the info and tips mate - it's been really helpful and much appreciated.

              • Click_It on 15/10/2018 - 22:02

                @Dan83: No problem mate happy to lend some tips.

                Also see nith265's comment below. A great post.

    • Euphemistic on 15/10/2018 - 06:37

      NSW police didn't even bother showing up knowing they'd lose.

      The police had an open and shut case you were guilty. No chance of not being guilty unlike something subjective. for example follow to close or not give way where you pulled out in front of someone but there was no crash.

    • nith265 on 15/10/2018 - 10:39
      +1

      Good on you for pursuing - glad you got a positive result. Magistrates will often give fines closer to what we feel to be fair in the circumstances.

      NSW police didn't even bother showing up knowing they'd lose

      Just wanted to mention that this statement is sort of not correct - the police did show up in the form of the police prosecutor. The actual officers responsible for preparing the charge had no need to be at court for your guilty plea.

      If you contest any fine in court (i.e plead not guilty) the police will never ever be ready with evidence/witnesses on your first listed court appearance called a “mention”. The case would be adjourned for another appearance called a “contest mention” giving the police a chance to prepare a full brief of evidence for the prosecutor. On the day of the “contest mention” they are still hoping you will change your plea or perhaps accept a lesser/different charge and plead guilty. If you can't reach a compromise with the prosecutor the case would be adjourned again to finally have the case heard as a “contested hearing” with evidence and witnesses like we see on TV.

      Dress up, distinguish yourself from the majority who will disrespect them by going in like slobs

      It never fails to amaze me what people wear to court and the attitude they bring – showing the smallest amount of respect for the court can make the biggest difference to the Magistrate who has 30 seconds to get a feel for you

      • Click_It on 15/10/2018 - 22:01
        +1

        Thanks for the correction above, you are 100% right it was just a "mention" apologies for any earlier misleading.

        Clothing and attitude, if I could only give 1 piece of advice to anyone I reckon that is on the top of my list. It's so painfully obvious yet apparently not. The court I attended - Toronto NSW is a lower socio area so maybe it was that but on that day if you were wearing a suit people would have assumed you had a legal degree as solicitors were the only people I saw suited up, them and myself. Thongs, footy shorts, singlets was the theme that day. Really quite amazing how silly people are.

        • nith265 on 16/10/2018 - 12:15

          clothing - I mean I understand the whole f!#k cops and f!#k the system attitude but its just 1 day. You’re acknowledging the authority of the court by even appearing there – might as well go the whole way and make the tiniest effort with your appearance.

          And to further clarify what I wrote – contesting does not have to mean pleading not guilty. In this situation you’re contesting the fine, you’re not contesting your guilt.

Login or Join to leave a comment
Login Join