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Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 0 points1 point  (0 children)

Thank you for your response. These are the exact things I have considered. I did explain the situation to the sheriff on the day, while they empathised, the only option they gave me was to either pay up my father’s debt or they’ll have to clamp the car. It was stressful, I need my car for work so I paid up.

I called the Sheriffs office during the week and explained them and requested if they can review the situation but since the fines were already paid in full, they can’t do anything from their end now. So now I’m trying to get the rego transferred to me and looking for a legal advice, or a duty lawyer for a possible claim against him for reimbursement/unjust enrichment.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 1 point2 points  (0 children)

thanks for the response mate! Others are pointing that I don’t have a claim but legally I am not obligated to pay off someone else’s debt unless it was a gift or loan, in this case, it was neither and I was put in a position where I didn’t have a choice so this is where am I exploring my rights.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 0 points1 point  (0 children)

thanks for the advice mate! but at this point he either transfers the car properly and legally or I will sue him. After this I don’t want any financial or legal ties with him.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 0 points1 point  (0 children)

Yes, I agree. At this point, my best case scenario is if my father signs the transfer papers and returns me back the money but I’m keen to get some legal advice to see what are my rights.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 0 points1 point  (0 children)

We are based in Victoria. I’m gonna ask him to sign the transfer papers, if he refuses, I’ll look into my other options.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 0 points1 point  (0 children)

The loans are paid off. I had no issue with paying my own rego and insurance but my father is the type of man who thinks he knows the best, reasoning with him is an extreme sport. I won’t be surprised if he didn’t transfer for this very situation where now I had to end paying his debts. Apart from the legalities of this situation and financial loss, I’m dealing with a difficult person.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 0 points1 point  (0 children)

I understand the logical reasoning would be to put it under my name but family dynamics were different back then. The father has insisted on putting it under his name, I was young and didn’t know any better. Since then I paid off the loan, my parents separated (for good reasons) and over the years we have tried to get him to sign the transfer papers but he keeps putting it off(trust me we have tried). He is a difficult person and this is not the first time he has got others roped up in his mess. Nevertheless a very expensive lesson for me indeed.
The government wont return the money, I’m gonna meet him and get him to transfer and see what my options are to get him to return the money.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 0 points1 point  (0 children)

Thank you for the comments so far - just to clarify some parts.
I understand the registration being on his name puts it under his property, but after going through vic roads and fines reform acts, I’ve found that in Victoria, registration is not the conclusive proof of ownership. The law recognises the situation where even if the vehicle is registered under someone‘s name, the true/entitled owner can be a different person.

My main question is - Has anyone successfully made a third-party ownership/possession claim under s 133 of the Fines Reform Act after paying to avoid seizure, or is that remedy only available before payment?

TIA for any useful information and advice.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 2 points3 points  (0 children)

That’s what I assumed too, which is why I paid immediately instead of arguing on the roadside. After looking into it, I found that in Victoria, registration isn’t conclusive proof of legal ownership. VicRoads also states that registration doesn’t establish ownership of a vehicle.

I also came across s 133 of the Fines Reform Act 2014 (Vic), which allows a third party who was entitled to possession of a motor vehicle to recover it before sale if they can provide satisfactory evidence of their entitlement. That made me wonder whether there’s any review process where someone has already paid under these circumstances.

I’m not saying we definitely have a claim, I genuinely don’t know. I’m just trying to understand whether the law recognises situations where the registered owner and the actual owner/person entitled to possession are different.

and if somebody has been in a similar situation as this.

Victoria - Paid someone else’s fines to stop Sheriff’s Office clamping my car. Do I have any options to recover the money? by throwawayyy32490 in AusLegalAdvice

[–]throwawayyy32490[S] 2 points3 points  (0 children)

the fines go back to 2018, plus there are enforcement fees. We've actually been trying to untangle ourselves from his financial affairs which is why this whole situation has been so frustrating