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My bike was stolen and 10 months later it turns up in a shop

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jordanhammond
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Joined: 13 Jan 2013
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PostPosted: 19:28 - 13 Jan 2013    Post subject: My bike was stolen and 10 months later it turns up in a shop Reply with quote

I'm wondering if anyone has any advice on my current situation.

In March 2012 my bike was stolen, the theft was reported to the police who had some leads but then they forgot about it.

Last week they contacted me to say that a dealership in London had requested the log book details for it so it's likely they have it.

They police went down and took photos of the bike and instructed them to not sell it. The bike has the same registration plate still on it.

The complication is that they claim the bike was in a bad condition when they received it and had subsequently spent money on restoring it (new body parts and paint).

The police have suggested I get some legal advice to my position as the shop may have received the bike in "good faith" as demonstrated by requesting the log book before selling.

I pointed out to the police that it makes no sense to spend any money repairing and painting a bike before requesting the registration information to see if it stolen or not. They are also awaiting the details of who sold the bike to the dealer.

As fate would have it the insurance ran out last month and was cancelled as the bike was gone. So I'm unsure if the insurance company should cover any lawyer costs.

Hopefully someone on here knows the best options?

From the police:

Quote:

I would recommend that you seek legal advice re this matter, as it may be possible for legal action can be taken by third parties if they have come into possession of property in good faith. I am not saying that this will be the case, however you should bear this mind considering they have invested in the vehicle to improve its condition from when they purchased it.

Vehicles can be purchased without log books but should be registered, with a V62 application I believe, hence their attempt to register it with the DVLA.

I still have to look into the circumstances of their purchase but looking at it objectively potentially there are two losers here. Yourself, from whom the vehicle was originally stolen and the garage who may well have bought it in good faith, particularly as they tried to register it with the DVLA.

Whilst I am not suggesting that you take legal action or take a adversarial stance with them, I would advise that you clarify your legal position as original owner given that it may have been purchased by someone who would want the same thing as you, to not lose money invested in the vehicle.
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P.addy
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PostPosted: 19:31 - 13 Jan 2013    Post subject: Reply with quote

Bike is yours, regardless.

Request that your property is returned to you.

Was a case on here a while back where someone crashed their CBR400, left it, went home and went to recover, it was stolen.

Months, maybe a year later a very similar bike pops up online/dealer.

The guy got it back, thieves had gone through the trouble of fixing it for him too, what nice chaps.
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yaigi
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PostPosted: 19:31 - 13 Jan 2013    Post subject: Reply with quote

Did you claim on your insurance when the bike was stolen?
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BigDan1190
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PostPosted: 19:32 - 13 Jan 2013    Post subject: Reply with quote

Doesn't matter if they received it in good faith or not.

Its like when someone buys a track bike in good faith, gets it ready for track, then police check the VIN number... BOOM. Back to the owner/ins company.

Its your bike, the company have lost out on paint e.t.c. because they didn't make the necessary checks.

EDIT:

I lolled that the police are telling you to seek legal advice on a motorbike theft. SURELY, considering they are handling the matter, they should know your position.


Last edited by BigDan1190 on 19:33 - 13 Jan 2013; edited 1 time in total
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Wafer_Thin_Ham
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PostPosted: 19:33 - 13 Jan 2013    Post subject: Reply with quote

Seek legal advice as the police have suggested.

Also, have you claimed off of your insurance?

If so it's not nothing to do with you as the bike would technically speaking belong to your insurance, so let them know where it is and leave it with them.

Who is the bike shop in question, as it reeks of dodgey to me.

Whether or not they've spend money doing up the bike is irrelevant. To my mind.
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lllN30lll
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PostPosted: 19:33 - 13 Jan 2013    Post subject: Reply with quote

Surely the shop should have HPI'd it. it's their fault they bought a stolen bike.
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jordanhammond
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PostPosted: 19:34 - 13 Jan 2013    Post subject: Reply with quote

yaigi wrote:
Did you claim on your insurance when the bike was stolen?


No claim was made as the value wasn't so high.
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Polarbear
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PostPosted: 19:35 - 13 Jan 2013    Post subject: Reply with quote

##Paddy## wrote:
Bike is yours, regardless.

Request that your property is returned to you.



+1 ^^^^^

We all moan how unfair the system is when out fucked up bike is found, recovered and we are charged a fortune. Now it's on the other foot. Ask for it back and if it doesn't get returned, see a solicitor. It's your bike.

Only if the insurance have paid out for theft is it not your bike, it's theirs then.
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P.addy
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PostPosted: 19:37 - 13 Jan 2013    Post subject: Reply with quote

jordanhammond wrote:
yaigi wrote:
Did you claim on your insurance when the bike was stolen?


No claim was made as the value wasn't so high.


Then pursue them and ask for your item to be returned.

The police "should" really be pulling their fingers out to recover this with you... happened before.

It is your bike, it is owned by you, you haven't sold it or claimed. Go get it back.

If I saw my old stolen bikes floating around anywhere, I wouldn't leave until my bike was back in my possession.

Come to think of it... you could probably walk in, grab the bike and walk out. Laughing Stealing your own bike Cool
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jordanhammond
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PostPosted: 19:49 - 13 Jan 2013    Post subject: Reply with quote

Thanks for advice everyone.

I will call the insurance company & police again tomorrow and press them to sort it out. Also track down the seller (if there was one) and get then charged.
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.....
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PostPosted: 19:50 - 13 Jan 2013    Post subject: Reply with quote

Walk into the shop and push it out. It's your bike.
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P.addy
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PostPosted: 19:52 - 13 Jan 2013    Post subject: Reply with quote

jordanhammond wrote:
Thanks for advice everyone.

I will call the insurance company & police again tomorrow and press them to sort it out. Also track down the seller (if there was one) and get then charged.


No need to call insurers.

Just police, its your item, you want it back.

Location is known, "owner" knows its stolen, you want it back.

Simple as hell. Just turn up at dealers, kindly request they return it. When they refuse, ring the police, state your case ref and say bike has been found but person is refusing to hand over. They should be there before there is a breach of the peace/you try to walk out with said bike.

"He's got a gun" should get them there on time. Rolling Eyes

Failing that, if it is in Kent, I'll do it for you... just for the lols Thumbs Up
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mcgoogle
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PostPosted: 20:04 - 13 Jan 2013    Post subject: Reply with quote

i would do the same as joe go down to shop and ask to see the bike double check it is yours then push it home or get a mate with a van. if the garage refuse or try to stop you ring police and show proof its your bike

if it was you who unknowingly bought a stolen bike and fixed it up the response from the police would be "tough shit"

try and get it sorted as soon as possible though because if the garage are kicking up now i can imagine parts being stripped off it before you get it back
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katana
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PostPosted: 20:06 - 13 Jan 2013    Post subject: Reply with quote

Yeah if it is near London I'll do it as your agent.

It is your bike, go and collect. If they want to supply you the parts removed they can but the bike is yours. Be quick in case the bike disappears again.
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katana
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PostPosted: 20:08 - 13 Jan 2013    Post subject: Reply with quote

mcgoogle wrote:
i would do the same as joe go down to shop and ask to see the bike double check it is yours then push it home or get a mate with a van. if the garage refuse or try to stop you ring police and show proof its your bike

if it was you who unknowingly bought a stolen bike and fixed it up the response from the police would be "tough shit"

try and get it sorted as soon as possible though because if the garage are kicking up now i can imagine parts being stripped off it before you get it back


The dealer will have to supply the parts the bike came with as they will be disposing of stolen goods so small claims court for the bits.
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binge
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PostPosted: 20:13 - 13 Jan 2013    Post subject: Reply with quote

Joe wrote:
Walk into the shop and push it out. It's your bike.


Something I would openly do if it was me in the situation.

However, I'm sure there is a law standing in the way of doing so.

Think it's called 'theft of already stolen goods' or something stupid. Laughing
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Suntan Sid
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PostPosted: 20:13 - 13 Jan 2013    Post subject: Re: My bike was stolen and 10 months later it turns up in a Reply with quote

jordanhammond wrote:

The police have suggested I get some legal advice to my position as the shop may have received the bike in "good faith" as demonstrated by requesting the log book before selling.


Bollox!!!!!!

The police are talking through their, porcine, backsides.

If you didn't get paid out via your insurance, in which case the bike now belongs to your insurers, you will end up in a magistrates court, trying to retrieve your property.
If the garage uses a "bought in good faith defence" they will get laughed out of court.
I've been in the Garage's position, in a court, and tried to use the "bought in good faith" defence,
IT DOESN'T WORK!
The best the garage can hope for is that the beak will order you to pay the court costs!
The bike is your property, the garage have no claim on it, the fact that they've spent money on it is irrelevant!

They will lose, you will win!
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Raffles
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PostPosted: 20:41 - 13 Jan 2013    Post subject: Reply with quote

You have stated that you didn't pursue a claim for your loss and that the bike's insurance cover has now expired. Did you notify your insurance company of your loss at the time that it occured? If you did then you may still be entitled to legal representation Re your current situation.
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waffles
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PostPosted: 20:46 - 13 Jan 2013    Post subject: Reply with quote

If I had unknowingly bought a stolen bike, spent money on fixing it up then had the police knocking on my door saying it was nicked I would be out of pocket and shit outta luck.

It doesn't matter that the dealership spent money fixing it up for you, the bike still belongs to you and you have no authorised any work to be undertaken on it. Do you know which dealership it is? Speak to them and let them know that you want your property back and that they need to pursue the person they bought it from to get their money back.
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BakesBeans
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PostPosted: 21:17 - 13 Jan 2013    Post subject: Reply with quote

You need to act on this asap.

The dealer will also know the legal position (the bike is yours), and will be taking the parts off the bike if you even hint that you will not pay for them. Don't ring them, turn up, that way they have no time to remove valuable parts from the bike.

The response from the Police is quite shocking. Look at the key words "possible" etc, it's just an email to hint that you should consider paying for the parts; yet how many times do people lose out after they have bought a stolen item by mistake!


I remember watching a police program where they went into a [touring] caravan site, and checked all the caravans to see if they were stolen. Several families were left stranded after the vans were taken from them straight away. Ok, the copper had sympathy on camera - but I never heard that classic line as in your email.
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evoboy
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PostPosted: 21:23 - 13 Jan 2013    Post subject: Reply with quote

https://www.bikechatforums.com/viewtopic.php?p=3425253#3425253

Police helped me.
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Supermoto_Fan
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PostPosted: 21:24 - 13 Jan 2013    Post subject: Reply with quote

Grab your helmet and get down to the dealership
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j.silvs
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PostPosted: 21:33 - 13 Jan 2013    Post subject: Reply with quote

Fuck calling the police, get down the dealers first thing and demand you want your bike back, show log book or any other proof and tell them to do one.

If they say no then call the police and don't leave!!

This shit pisses me off, police should be investigating the dealers for handling stolen goods but they prob have a reciept of purchase signed jack fucking sparrow! Let's all fucking go there Evil or Very Mad
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YBR Ric
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PostPosted: 21:39 - 13 Jan 2013    Post subject: Reply with quote

The theft of your vehicle has now become a civil dispute, hence the police telling you to seek legal advice as they can no longer assist. Their action is limited into investigating who sold the vehicle to the garage and the possible prosecution of that person - unless that person themselves bought it in good faith!

Hopefully they will have advised the garage that the vehicle may be the subject of a dispute and should not attempt to sell it.
Should you attempt to forcibly remove it from their premises you leave yourself open to arrest if they believe a breach of the peace is imminent and need to prevent it.

Do/did you have RAC AA breakdown for the vehicle? They usually offer access to free legal service/advice for members. Failing that, help from your insurance company if they were advised at the time of the loss, or a freeby session with citizens advice/solicitor.
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recman
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PostPosted: 21:54 - 13 Jan 2013    Post subject: Reply with quote

I'd love to be there for this one fella, it would be well worth the trip down the M1. Thumbs Up
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