Man’s failed bid to win back forfeited car
A MACKAY man has lost his bid to retrieve what he claims was his Holden Commodore that was impounded and later forfeited after his former partner drove the car unlawfully.
Nathan Philpott had appealed the forfeiture in the Mackay Magistrates Court, however his application was found to be two months late and not relevant under the law.
On June 23 this year, police had stopped a vehicle in Glenella - the court heard the driver had recently lost her licence for high-range speeding.
And because she had committed multiple type two traffic offences within five years, police impounded the vehicle.
But Mr Philpott argued the Commodore did not belong to his ex, as he had purchased the car for $500 and that she had "no right to take it" on the day.
"She was told not to take (it) … she waited until I fell asleep (and) sneakily took off," Mr Philpott alleged from the bar table.
"I would really like my car back."
However Magistrate James Morton questioned whether or not the car even belonged to Mr Philpott after police prosecutor Sergeant Sabine Scott tendered evidence to the contrary.
Sgt Scott told the court Mr Philpott failed to include in his application "a particular document where he unconditionally withdraws his claim of ownership (of) the vehicle".
Mr Morton said that put his appeal "on very very shaky ground".
Mr Philpott maintained the car was his and said that had been "spur of the moment" and "I was under a lot of pressure".
The court heard Mr Philpott had 28 days to file a notice of appeal against the impoundment, but this was not done until late August, two months after the car was taken.
And in that time, in July, the woman's case had been finalised in court - Mr Morton said her licence was disqualified and the car had been forfeited to the Crown.
"Because the matter was finalised in court and the car automatically becomes the property of the state of Queensland - that's finalised," Mr Morton explained to Mr Philpott and said he could not overturn that decision.
The court heard there were also discrepancies regarding who actually owned the vehicle.
Mr Philpott gave differing evidence he bought the car from his ex in February this year for $500 and that he also bought the car from a man in 2019 for $500.
The court heard he had a handwritten affidavit from that man saying Mr Philpott had bought the car from him for $600.
Mr Morton said the woman, although initially claiming the car belonged to someone else when she found out it would be impounded, had later told police the vehicle was hers.
Mr Morton found because the case had been finalised the car now belonged to the Crown. The appeal was dismissed.