A seller posts their car online, the potential buyer comes, agrees to buy the car, pays the amount and the parties fill in and sign their respective sections on the Application for Transfer of Registration form. As far as the seller is concerned, this is generally the end of the process.
But then the seller starts receiving speeding fines and other traffic / parking infringements, as the owner of the vehicle, incurred on dates after the vehicle was sold. Clearly, the buyer has failed to lodge the paperwork within the required 14 days from the date of sale. This is a scenario we as criminal lawyers in Melbourne, unfortunately, see regularly.
It is absolutely vital that the seller keep a copy of the completed Application for Transfer of Registration. Had half our clients done this they would not have required our services in the beginning.
With a copy of the Application of Transfer of Registration, the issue is easily remedied with VicRoads and all outstanding fines and infringements can be applied to the purchaser of the vehicle. Without a copy of the form though, the process can be somewhat problematic.
In these situations VicRoads can process what is referred to as a ‘forced registration’, but only where the seller can provide sufficient details of the purchaser and the sale. This information includes the seller’s full name, date of birth, home address, licence number, the registration of the vehicle, date of sale and sale price. Generally if all of this information is known then the forced registration can be completed with an accompanying cover letter setting out the circumstance of events. If only a combination of those details are known, then it will depend on whether what is provided is sufficient for VicRoads to process the transfer.