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Professional Misconduct

Stephen George Poyner


Address: WA, Australia
Sex: Male
Occupation: Sales
Date: 10 May 2012


Details



The State Administrative Tribunal agreed for a proper cause for disciplinary action against Stephen Georhge Poyner.

Poyner held a Yard Manager's Licence valid from 3 April 2010 to 2 April 2013; Vehicle Dealers Licence for an individual (licence number MD 13841) valid from 1 September 2010 to 31 August 2013; and Certificate of Authorised Premises (CAP) for 7 Sheldon Road, Esperance valid from 1 September 2010 to 31 August 2013.

As authorised by the Dealer's Licence and CAP, Poyner carried on business at the said premises buying and selling second hand vehicles under the business name 'GS Motors'; and hiring cars, under the business name 'Hollywood Hire Cars'.

In or about late August 2010, Louise Dartnell discussed with Poyner trading in her 1998 Mitsubishi Magna. Before they finalised their agreement, the Magna broke down and Dartnell engaged Poyner to repair it.

While the Magna was being repaired, Poyner hired out a 1996 Ford Mondeo to Dartnell. They agreed that she would not be charged for this hire.

Despite that agreement, Poyner issued a tax invoice for $640.00 for the hire of the Mondeo for 16 days.  The tax invoice recorded a part payment of $150.00, although Dartnell never made any payment to the respondent for the car hire.

In about early October 2010, Poyner sold the Magna to another person. Poyner did not obtain the driver's licence details of the purchaser, which should have been filled in on the standard form Contract to Buy a Motor Vehicle/Tax invoice.

On 1 October 2010, Dartnell and GS Motors entered a Contract to Buy a Motor Vehicle for Dartnell to purchase the Mondeo for $3,000.

Dartnell traded in the Magna for the value of $3,000 and did not pay any money to Poyner for the purchase of the Mondeo.

Poyner did not enter the acquisition of the Magna by GS Motors into the vehicle register that was required to be kept at the said premises.

Poyner did not notify the Department of Transport of any particulars of the acquisition or sale of the Magna by GS Motors as required by the Road Traffic Act 1974.  Accordingly the Magna remained registered in Ms Dartnell's name until 3 February 2011.

On 30 December 2010, the Magna was involved in an accident at 16 Queen Street, Nulsen. The driver of the Magna fled the scene.

In the course of the police investigation of the accident, Poyner made untrue statements to the police and asked Dartnell to do the same.

On 24 February 2012, Poyner was convicted of failing to enter, in a register, the prescribed particulars of a transaction entered into in the course of dealing at the authorised premises. He was fined $3,700 and ordered to pay costs of $6,540.

Poyner's licence was suspended for 3 months and was ordered to pay $500 in costs.