Odometer fraud victim wins court case
BIG NEWS: Australian Court accepts authenticity of Japanese Registration Certificates provided by JOC
This buyer of a wound back car has received the original Japanese papers from JOC and then went on to win his case in the NSW Civil and Administrative Tribunal. This is a break-through!
Here is the text from the Daily Telegraph:
READER Apurva Mishra has prevailed in his car-clocking crusade. In April, Public Defender reported Mr Mishra was taking action in the NSW Civil and Administrative Tribunal, alleging the imported Lancer he paid Sydney’s Prestige Auto Centre $30,000 for had travelled about three times the 34,000km the odometer said.
The NCAT ruled Prestige Auto Centre had engaged in “misleading and deceptive conduct” and ordered it pay Mr Mishra $18,526.
NCAT senior member Sabine Thode said: “I am satisfied, on the balance of probabilities, that the odometer reading was changed by the respondent or that a third party changed the odometer reading with the knowledge of the respondent in order to mislead or deceive the applicant.”
The NCAT accepted the Japanese Registration Certificate Mr Mishra presented. This is important, as it was bought through a third party, not the registry in Japan, but Mr Mishra was able to demonstrate its authenticity. Until now there has been a question mark over whether such documentation is legitimate.
This result should serve as a warning to any dealer considering winding back odometers.
For future court cases, here are some important notes:
KEY: Bought Jap Reg Cert thru a third party BUT it is from Registry in Japan.
KEY: Included the compliance workshop in the court case for obtaining Jap paper work like the Export Cert.
Included in paper work submitted to court :
* Original Reg doc from Jap Gov, with legal currency type security features easily viewable when held in hand (water marks, embossed logo, photocopy reveals hidden letters "copy"). Shows certified odometer readings (taken every 2 years) as recorded by Japanese Bureau of Traffic in Japan and the date the car was exported. Same Official Info as Jap Export Cert which is issues just once when the car is exported.
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*Aus Legislation pertaining to Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 14 (2006): Which says that the Compliance workshop has to keep on file for 10 Years Jap Export Cert showing evidence of the cars first use in transport if its from Japan.
* Technical information about Jap Reg Cert as stated on NZ Gov Trans Agency website : Table 1-1-1 How to check Authenticity & Reference Material 24 shows pictures of Jap Reg Cert
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* In writing, Valuation of the cost of the car with the real odometer reading. ( to compare with the wound back price)
* Original Reg doc from Jap Gov (+ English Translation), which has legal currency type security features easily viewable when held in hand (water marks, embossed logo, photocopy reveals hidden letters "copy"). Shows certified odometer readings (taken every 2 years) as recorded by Japanese Bureau of Traffic in Japan and the date the car was exported. Same Official Info as Jap Export Cert which is issues just once when the car is exported.
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