ADVICE - Bound to contract that was never signed?
Kia ora, aus law.
I'm hoping to get some advice on a situation that's become a bit of a headache.
I'm the registered owner of a car in Victoria, though I've been living in New Zealand for the past year or so. Before I left, a family friend did me a favour and dropped my car off at a local mechanic for some repairs. Those repairs have been fully paid for.
The problem is that when my friend left, he signed something with the mechanic agreeing to a $25/week storage fee while the car stayed on their property. He did this completely off his own back I had no idea, never asked him to, and never would have agreed to it if I'd known. He had no authority from me to sign anything like that.
Now, about a year's worth of those fees has stacked up, and the mechanic is refusing to hand the car over to someone I've sent to collect it until the whole lot is paid.
I've got a few questions I'm trying to work through:
Since I never signed that agreement and never gave my friend permission to sign it on my behalf, can the mechanic actually hold me to those charges? It feels like I shouldn't be liable for something I had no part in.
Even setting the contract issue aside, does a mechanic's lien under Victorian law actually cover storage fees, or is it limited to the repair work itself?
What's the most realistic way to challenge this and get my car back? I've seen mentions of Consumer Affairs Victoria and VCAT, are either of those worth pursuing given I'm doing this from overseas?
Any guidance would be really appreciated. Happy to provide more detail if it helps.
Thanks