I sold my car to my brother in August since we moved overseas, however he has defaulted on payments and got the car impounded by police at the end of September. I had transferred ownership to him, however he never completed the buyer's form so he was the unconfirmed registered owner. He has left the car sitting at the impound lot, I am trying to get it out so have transferred the ownership under my partner's name. However towing company isn't sure who the registered owner is, as he was the unconfirmed registered owner and I am the last confirmed registered owner. I am trying to authorise my dad to pick the car up, but they aren't sure if I can. NZTA, Council and Police can't seem to give me an answer. any chances anyone has had the same experience? and whether it's the registered owner at the time of impoundment or release that picks it up? also, does anyone know if the police confiscate the car keys when it is impounded (my brother's not telling me either way :-/ ) Thanks
mals69,
Nov 1, 5:36am
Be no doubt the registered owner at the time of impoundment.
morrisman1,
Nov 1, 5:37am
sounds like something Id wanna stray away from.
gee_funk,
Nov 1, 5:43am
I would if I could except he hasn't paid me for the car, he was meant to pay weekly, but has missed 5 payments
the-lada-dude,
Nov 1, 5:43am
your brother seems on the face of it to be an A hole . defaulted on " what " payments ? . The change of ownership was never completed . you still legally ' own ' the car . so it should never have been confiscated by the police . that's the way I see it
tony9,
Nov 1, 5:45am
What payments has he defaulted on?
As the Police have impounded it it would be due to fines and/or driver behaviour. If so, you need to get someone (ideally yourself, but maybe a lawyer) into a District Court and get responsibility for the fines etc. transferred to your brother and the car released. Maybe give a District Court a ring and see how to sort it.
If you can prove you sold it, tried to transfer the license, were in no position to use the vehicle, and can formally state who was using it, then should be able to get the fines etc. reversed.
gee_funk,
Nov 1, 5:46am
The police didn't confiscate it for payments, he was probably drink driving
gazzat22,
Nov 1, 5:47am
Defaulted on payments and Impounded by police are two different things.1 would be finance company which would lead to reposession and 2 impound would be for a Traffic offense,no reg,no wof no licence(disqualified) etc.
gee_funk,
Nov 1, 5:47am
Thanks Tony, I'll look into this. Needless to say, not going to try and help him again
rose-murray,
Nov 1, 5:47am
depends what the brother did to get it impounded. However as OP's name is on the ownership papers he will be held responsible for any infringements on the vehicle (even though names on ownership papers do not prove ownership)
intrade,
Nov 1, 5:57am
you would want to see how repo man do it. i did wotch a free man usa women who repod her own car back with some legal contracts she wrote up. The whole impound business is a fraudulent joke.
gee_funk,
Nov 1, 5:59am
and in terms of fees, is it usual that their fees are higher than the ones stipulated on the NZTA site?
sw20,
Nov 1, 6:16am
No good deed goes unpunished.
tgray,
Nov 1, 6:20am
Anyone can 'change ownership' and show themselves as the registered owner in the NZTA system, but it means very little as you have found out. true ownership would be proving who paid for the car, by way of a transaction receipt at time of purchase, or the like. Perhaps a visit to citizens advice or if they cannot help, they can direct you to a free lawyer who can point you in the right direction.
gee_funk,
Nov 1, 6:21am
unfortunately! Lesson learnt the hard way
taipapaki,
Nov 1, 6:21am
No such thing as ownership papers in NZ. NZTA didn't want to be responsible for ownership so changed it to registered person who may or may not be the owner. Stupid system.
gee_funk,
Nov 1, 6:25am
yes have found that out the hard way, although you think it wouldn't be official unless both parties completed it (which in my case I'm lucky my brother didn't complete the buyer's end). I have documents proving I purchased the vehicle in full so I can use that, trouble is I'm overseas and we're quickly running out of time before the towyard can dispose of the vehicle. I have contacted police and impoundment company, just waiting on responses.
elect70,
Nov 1, 6:40am
If must have been impounded for traffic offences ,.it stays for 28 days regardless of ownership . Then you or new reg owner can get it back after paying impound fees .The fines will be in his name & uo to him to pay . So roll up on due date with proof of ownnership & take it away .
gee_funk,
Nov 1, 6:43am
Due date was 4 days ago. I'm overseas but am trying to authorise my Dad to collect but towing company are saying they will only release to my brother (who has proven to be unreliable, left to him, the car will get disposed of).
gee_funk,
Nov 1, 6:44am
obviously collect and pay
kazbanz,
Nov 1, 8:07am
Actually you have a fairly major quandary. As the financier in this scenario then with the correct written contract you legally own the car. "ownership" papers are not proof of ownership of the vehicle. Without a paper trail to prove the case then in this scenario the only issue is that your brother hasn't completed the C of O so you can possibly be legally responsible for any fines the vehicle racks up--ie speed camera tickets. You may well get a bill for the storage/towing of the car.
gee_funk,
Nov 1, 8:44am
Apparently a car can have two registered owners in which case, it turns out we are both registered so they have agreed to release to me. NZTA have however assured me that any fines incurred so far are his fines
intrade,
Nov 1, 9:11am
22 that surprises me that there is as much logic with nzta good to know . keep us posted.
the-lada-dude,
Nov 1, 9:26am
& the tow Co are being pedantic in refusing to release the car, and the storage fees keep on racking up . ummm
gee_funk,
Nov 1, 11:31am
Finally got confirmed as a registered owner so now they have agreed to release it to my Dad, however have noticed the towing company is trying to charge more than is specified in the legislation. Instead of a $12 daily rate, they are charging $15. When I enquired about this and pointed out the legislation, they changed the daily rate and instead added an admin fee. However, NZTA and legislation state that I'm only liable for the towage and storage fee, not any admin fee.
Since the public registrations are closed, you must have an invite from a current member to be able to register and post in this thread.
Have an account? Login here.