Ok. long story short. two chaps, lets call them A and B. A owns a motorcycle. sells it to B, but as yet the ownership paers are still in A's name. B is out riding the bike, and gets pulled over. been a bit naughty, and the bike gets impounded. The desire (of both A and B) is to get the bike out of impound as quickly as possible. Tomorrow if at all possible. Cab it be done, and what processes would need to be followed! advice greatly appreciated
kaymay88,
Feb 10, 6:11pm
I apologize for the atrocious spelling!
carstauranga001,
Feb 10, 6:16pm
The way I understand it is that the the vehicles ownership has no bearing on the impounding or release of the vehicle. Fact is the offence was commited so "do the crime, do the time". ie, young guy out in dads car, missbehaves, dad loses car. Tough luck. Could be exceptions like rental car!
im_andrew,
Feb 10, 6:17pm
Not a chance, unless they lie. a lot.
kaymay88,
Feb 10, 6:34pm
Ok. One of the two involved said they understood there was some sort of a clause you could make a submission under, along the lines of 'the car belongs to someone else, and the loss of it for the ful term would cause them undue stress, as they werent the perpetrator! Just thought Id throw it up on here and see what people have to say
jcwholesale,
Feb 10, 6:52pm
Biker A should have been paid for, should have changed ownership, which can be done online in real time. Why would biker A be worried, should have a dated receipt for payment at the very least. Seems like biker b's problem to me
wrong2,
Feb 10, 6:53pm
completely misses out on comprehending the OP
carmedic,
Feb 10, 7:00pm
Tell the police B stole it from A. A will get the bike back B will be prosecuted. If that??
jcwholesale,
Feb 10, 7:01pm
wrong2 wrong I did comprehend it, but what they want to do is illegal so biker A should not get involved in that. Lets say my son bought a bike off me, hadn't changed ownership to him, he foolishly gets caught doing something stupid, gets it impounded, I would insure it stayed there and he paid the fee, or what has he learnt. Absolutely nothing has he. I assume this is a similar situation. Yes I do fully comprehend. Do you justify law breaking!
bigjerry,
Feb 10, 7:06pm
if biker A and biker B can be bothered, they have every right to request bike be released. However both biker A and biker B are likely to be wasting their time. the impound of a vehicle is a rather final scenario. you can argue with 'the man' all you like. its enough to make ya spit sometimes. biker A and biker B should form a plan based around a 'break out'
kaymay88,
Feb 10, 7:13pm
No, but both are friends. Im not asking if there are any illegal ways of getting the bike back, Im asking if theres a legal way for the bike to be got out of impound. Actual owner knew the rider had access to the keys, but did not know that the rider was going to take it out for a ride. Actual owner really just wants the bike back out of impound!
bigjerry,
Feb 10, 7:17pm
so actual owner is biker B, biker B got pinged riding, biker B just wants bike back. Why does biker A need to worry!
kaymay88,
Feb 10, 7:23pm
Because biker A is entitled to legally ride it. He is hoping it is possible to use the fact that the bike is still legally in his name to get the bike out of impound early, so he can use it during the time that biker B cant
bigjerry,
Feb 10, 7:28pm
so biker A, even though he sold bike to biker B, is leaning on the fact that because ownership has not been transfered, he is legally entitled to ride it! none of this will make a difference to the law dude, they impound, you suffer, its the way it works
kaymay88,
Feb 10, 7:33pm
No. Biker A is hoping that the bike still being in his name will give him legal grounds to have the bike released from impound. As for 'do the crime do the time' etc, there will be fines and fees etc to the rider, and other consequences the person riding it at the time will have to suffer, but thats not what Im asking
bigjerry,
Feb 10, 7:37pm
well the police dont care who owns the vehicle, thats the point of the law upgrade a year or 2 back, i beleive it was Judith Collins who tabled it. If your caught dicking on the road, and they can impound its stiff tittie who owns the vehicle. you have very little defence save for a section 8, the old 'this isnt fair and heres why' file. and thats just to get a judge to listen to ya, theres no guarantee it will get anywhere. Anyway, if biker B got pinged, and its his bike biker A should maybe walk away.
neville48,
Feb 10, 7:57pm
Go to the impound yard [this will only work if impound yard manned by police] put a trail of Dunkin Donuts on the ground leading away from the door,when this has been done knock loud and heavy on the door and when the officer answers the door and spots the donut trail he will naturally follow it,when he does, rush in there start up yur bike and high tail it. other than that ,forget it.
townie55,
Feb 10, 8:01pm
Biker A needs his head read for selling a bike and not changing ownership.Any infringements by biker B ( speed camera, parking ) would be sent to biker A's letterbox in biker A's name.
Now, although biker A's name is still on the title, biker B is the owner of the bike.Now biker A wants to ride biker B's bike.Should biker A get the bike out of the pound and ride it, what happens in the case of an accident, theft, or mechanical breakdown!Any insurance!
If my kid was biker A I'd kick his arse.If my kid was biker B, I'd kick it that little bit harder.Both need a good dose of 'grow up' pills.Old man rant over.
kaymay88,
Feb 10, 9:06pm
biker_69 wrote: I'd be interested to know the exact grounds on which the vehicle has been impounded given he was 'pulled over' after being 'a bit naughty'.[/quote
as it turns out the guy riding the bike wasnt actually doing anything particularly naughty. it was a random stop. the naughty thing was riding with his licence suspended.
illusion_,
Feb 10, 10:25pm
real story is that "B" wants his mate "A" to tell lies to the plods so he can get the bike back
"A" should tell his mate "B" to get real
elect70,
Feb 11, 12:01pm
BJ is right if legally impounded it stays there until time is up & fees paid . Plod doesnt care about owneronly the driver . Dont know what happens if it was a rental , the hire company would probably go you for loss of use .Kids have haddads car impounded , only escape is if it was stolen , get it back & owner withdrawstheft complaint .
bigjerry,
Feb 11, 12:06pm
thats right, thats the whole point of the law.
bigjerry,
Feb 11, 12:33pm
because there is leglislation, and there is the real world, by the time you applie for the return of your vehicle and go through the process, your 30 days is up and you get your car back anyway. so while your post suggests the police will consider the ownership, and even if they do, the wheels turn so slowly you end up no better off than if you had just waited for the time to be up.
smac,
Feb 11, 12:52pm
So what's the average time taken from the appeal being lodged to the car being released! Got that at hand have you!
therafter1,
Feb 11, 1:21pm
Horse manure . it is common for people to get their vehicles back within 24 to 48 hours !
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