Unfair Defect  

Page 1 of 6
Jump to page
minkey85
  • minkey85
  • New User
  • Member No.: 231,361
  • Joined: 16-September 11
  • Posts: 25
Post #1 post 21st May 2014 - 03:57 PM
My ute was in my eyes unfairly defected, I got a knock at my front door it was a logan police officer he ask by name for my younger sister I then notice another police officer in my garage checking over my ute I continued speaking to the officer at my door told him she was no longer living with me and my brother as we had gone to court 2 weeks earlier to sadly get her remover from ower house.... then the officer in my garage get on the ground an looks under my ute I then say pilitly what are u doing he says the verical is to low I tell him it hasn't been driven an it is being work on an the suspenion has been taken out I then ask him to come out of my garage an this is private property an so on he then say he is defecting my ute so he gos out to his car an gets his book I close the garage door an stand in front of it I don't move an he starts opening it pushing me with the door as I move an so on he asked for the keys I told him I didn't have them he defects my ute take pics so a few days latter I go to the logan police station telling the lady behind the counter what happen an I felt it was unfair as it was on prive property an I hadn't been driving it she then go's out the back to talk to the officer incharge of traffic she comes back an say they can do that.. defect vericals any where I said but its privet property she then threatens me with sending the traffic department to look over the whole ute I say no thanks an leave, CAN ANYBODY HELP can they do this I dint get a fine or anything but I don't
Special k
Post #2

Oh dear

mark1414
Post #3

If that seriously happened I would be straight up taking it to court.

54BRE
Post #4

my head hurts sad.gif

mark1414
Post #5

QUOTE (54BRE @ May 22 2014, 11:42 AM) *
my head hurts sad.gif


Yeah it was a little difficult to read. I wouldn't suggest he send a letter to the station lol. bowrofl.gif

minkey85
Post #6

QUOTE (mark1414 @ May 22 2014, 11:15 AM) *
If that seriously happened I would be straight up taking it to court.

well it def did happen iv got the defect notice ill take a pic an post it wen I get hme from work an u say take it to court how do I just go to the court house an say wat happen

minkey85
Post #7

QUOTE (mark1414 @ May 22 2014, 11:50 AM) *
Yeah it was a little difficult to read. I wouldn't suggest he send a letter to the station lol. bowrofl.gif

lol I know but iv got to tell sumone

alpharx7
Post #8

go down and see your local political member, they're trained to deal with these matters.

mark1414
Post #9

QUOTE (minkey85 @ May 22 2014, 12:46 PM) *
well it def did happen iv got the defect notice ill take a pic an post it wen I get hme from work an u say take it to court how do I just go to the court house an say wat happen


On the back of the defect notice it should have payment options. One option is not to pay and instead contest it in court.

xr6greg
Post #10

If your car was not on a road, or a road related area, then they can't touch you. If it was on private property - such is in a garage - then its hands off for the police.

Simply put. You have a factory standard car (no modifications off the showroom floor) sitting in your garage. You decide to put 30 inch rims on it, lower it so it sits off the ground 25mm, pull the mufflers off, sit a couple of naked girls on the bonnet and take photos of it IN YOUR GARAGE then it cannot be defected. Do the same on the street outside (road / road related area) you can be defected.

I'd be going to court on this one if your facts are correct.

However write a simple polite letter to the OIC of the police station outlining in very simple terms how the defect notice was issued. Don't whinge about the police being corrupt, overbearing, ugly and how the State Government is ripping you off as far as rego costs etc go - that will have NO relevance to having the notice waived. A simple few lines stating that there was no lawful basis for the notice to be written as the vehicle was on private property and not on a road / road related area at the time the officer mistakenly believed he had authority to issue the notice.

FCdrifter
Post #11

if your car has current rego technically it has to be in roadworthy condition, they can check it at any time any place. ie when they defect cars on trailers/tow trucks on their way out of qld raceway. its a dog act thats for sure doing it on a visit to your house though. but technically they can do it.

angusmacgyver:)
Post #12

wtf did I just read?



xr6greg
Post #13

QUOTE (FCdrifter @ May 22 2014, 06:50 PM) *
if your car has current rego technically it has to be in roadworthy condition, they can check it at any time any place. ie when they defect cars on trailers/tow trucks on their way out of qld raceway. its a dog act thats for sure doing it on a visit to your house though. but technically they can do it.

xr6greg
Post #14

QUOTE (FCdrifter @ May 22 2014, 06:50 PM) *
if your car has current rego technically it has to be in roadworthy condition, they can check it at any time any place. ie when they defect cars on trailers/tow trucks on their way out of qld raceway. its a dog act thats for sure doing it on a visit to your house though. but technically they can do it.


Not sure what drugs you're on but you need to reduce the amount you're using.

The QPS cannot defect any vehicle, registered or not, on private property.

_Ben
Post #15

Best call a lawyer haha. Definitely fight it if what you've said is true.

angusmacgyver:)
Post #16

FCdrifter
Post #17

I dont do drugs xr6greg.... I guess all the people getting checked and defected coming out of powercruise with the car on a trailer are liars...

alpharx7
Post #18

QUOTE (FCdrifter @ May 22 2014, 09:30 PM) *
I dont do drugs xr6greg.... I guess all the people getting checked and defected coming out of powercruise with the car on a trailer are liars...

no they're not liars.......just that they clearly don't understand their rights and the law.

.Tim.
Post #19

Its a wives tale.. always hear people talking about being defected on trailers, never see any evidence to back it up.... but it must be true because my mate kev said so on facebook

vk134
Post #20

I have found that trailer rule a crock of shiite as well, I don't know of anyone who has been done for it personally. They would have a field day at Lakeside, Morgan Park and QLD raceway, guys prep or get prepped their street registered cars and trailer them to the track. If I had to deal with an officer regarding this matter, I would have to be polite and let him, state all the rules and regs, make sure it is recorded, they wait for the chance to carve them up in the courtroom. The whole act if true is ridiculous from a public perception view, people doing the right thing and trailering it to the track vs tards who break the law.
Maybe the police were targetting unsecure loads or unroadworthy trailers or incorrect towing and braking combinations.

OT back to OP, the key word is "operating" a motor vehicle in an unroadworthy state. If I was in your situation, I would take it to court, BUT, just going by spelling and grammar, I would get legal representation, if you think we are harsh in a forum and the police were bastards in your yard the courtroom will be worse.

I would have thought they would have needed a search warrant to open the garage door BTW, maybe XXXXgold or HPplod can enlighten me

Faun-
Post #21

even if u get the fine/defect lifted I guarantee you will get a notice in the mail in the near future stating you have to take your car over the pits. they will get you in the end. haha

minkey85
Post #22

think ill just unrego it an get a road worthy once I get it fixed

HP Plod
Post #23

I've never heard so much dribble in my life.... That's like saying... Hey I see your car has no tyres on it when it's parked in the garage, I'm defecting it because it needs four tyres to be roadworthy!!! So effectively you're saying that we can defect your car when you are trying to fix it up...."shakes head"

Oooohhhhh how I missed these threads.....so out comes the good old phrase.


Proof or GTFO!!!!!

As for the trailer rule, again I've got more chance of teaching OP to speak the queens English, than finding an officer in my line of work that does this...it's a fallacy, it's never happened it's a case of never let the truth get in the way of a good story.


OP let's see your proof, let's see the ticket.



"Sitting idly by waiting for the wrath of being proven wrong"


I'M BACK!!!!!

wolfman101
Post #24

Welcome back.
Hey plod, what's the maximum/typical penalty for not displaying a front plate on a registered vehicle? I know it's 12 PU, but would you or those you know typically actually give that out? Is there a points offense related? This is relevant to my interests.
Cheers!

HP Plod
Post #25

QUOTE (wolfman101 @ May 30 2014, 07:22 AM) *
Welcome back.
Hey plod, what's the maximum/typical penalty for not displaying a front plate on a registered vehicle? I know it's 12 PU, but would you or those you know typically actually give that out? Is there a points offense related? This is relevant to my interests.
Cheers!



$88 penalty nil points

And yes

In this day and age of ANPR technology, camera detection devices, pursuit policies, we are towing a very hard line on this type of behaviour as well as legibility of plates, obscuring etc..

Rules are simple

At 20 m we must be able to all characters of a plate from 90 to 45 degrees, left right and above

If we don't "click" "scribble"







Click = pen
Scribble = ticket writing.

minkey85
Post #26

QUOTE (HP Plod @ May 29 2014, 09:06 PM) *
I've never heard so much dribble in my life.... That's like saying... Hey I see your car has no tyres on it when it's parked in the garage, I'm defecting it because it needs four tyres to be roadworthy!!! So effectively you're saying that we can defect your car when you are trying to fix it up...."shakes head"

Oooohhhhh how I missed these threads.....so out comes the good old phrase.


Proof or GTFO!!!!!

As for the trailer rule, again I've got more chance of teaching OP to speak the queens English,

than finding an officer in my line of work that does this...it's a fallacy, it's never happened it's a case of never let the truth get in the way of a good story.


OP let's see your proof, let's see the ticket.



"Sitting idly by waiting for the wrath of being proven wrong"


I'M BACK!!!!!




ok this is the defect notice i hve unrego my ute wavey.gif what i have said did happen yeah i cant spell but can do many other things thumbsup.gif


Attached File  10411800_10201311114693582_2952712161305326262_n.jpg ( 104.11K ) Number of downloads: 14
 
xr6greg
Post #27

Take my advice in my previous post.

If the QPS don't waive the notice its off to court and it won't make it past the officer's brief checker.

HP Plod
Post #28

OP. Thank you for showing us this.. And proving me wrong..I will look into the circumstances out of my own curiosity.

Why has it taken you 6 months to do/say something. You've kind of lost your arguments momentum

Did you receive a fine as well or just the DVRN

minkey85
Post #29

QUOTE (HP Plod @ May 30 2014, 08:24 PM) *
OP. Thank you for showing us this.. And proving me wrong..I will look into the circumstances out of my own curiosity.

Why has it taken you 6 months to do/say something. You've kind of lost your arguments momentum

Did you receive a fine as well or just the DVRN


I did go to the police station an they threatened me with sending the transport department over no fine was given an I guess I just didn't know wat to do if I do make a fuss the police will be looking out for me tho I have never had any problems before iv been pulled over an they have been very nice now I really dis like the police because its so unfair

xr6greg
Post #30

Oops. Didn't see the date.

Still. An unlawfully served notice but too late now.

minkey85
Post #31

I'm thinking if I do get my Ute back on the road an get pulled over they will see previous defect an get me for wat ever being second defect can't they take my Ute

minkey85
Post #32

QUOTE (xr6greg @ May 30 2014, 09:26 PM) *
Oops. Didn't see the date.

Still. An unlawfully served notice but too late now.


Yeah wish I had thought of boostcruising earlier sad.gif

minkey85
Post #33

QUOTE (xr6greg @ May 30 2014, 07:40 PM) *
Take my advice in my previous post.

If the QPS don't waive the notice its off to court and it won't make it past the officer's brief checker.


Will the defect be on record coz if so they should delete any recording of this coz they had no right I told him to get off my propriety

UNR8D_
Post #34

My head hurts after reading that....
I would however suggest there is more to this story than is being told.

minkey85
Post #35

[quote name='UNR8D_' date='May 30 2014, 09:37 PM' post='2088609450']
My head hurts after reading that....
I would however suggest there is more to this story than is being t



I don't think I could have left anything out iv tryed to give as much info as I can, an it has been said heads are hurting, if anyone has any questions ask away

  • Member Login

    If you have a BoostCruising account enter your user name and password into the yellow box.

    Alternatively, you can quickly login with Facebook.

    If you don't have an account create one below.

    Create Account
  • Login with Facebook

    Login using your Facebook account!

Page 1 of 6
Jump to page
2 User(s) are reading this topic (2 Guests and 0 Anonymous Users)
0 Members:
Loading...
x