PDA

View Full Version : Abandoned bike?



tmc98
8th January 2015, 11:09
Basically there is a bike that has been abandoned ~ 2 months plus on a street near my house, it has minor crash damage that is probably enough to stop it working. Contacted nzta and the ownership was switched Feb 2014 but no new owner has been registered, I want to purchase the bike but can't find the owner. Any suggestions concerning legality of ownership regarding abandonment period etc? Cheers

TheDemonLord
8th January 2015, 11:19
Basically there is a bike that has been abandoned ~ 2 months plus on a street near my house, it has minor crash damage that is probably enough to stop it working. Contacted nzta and the ownership was switched Feb 2014 but no new owner has been registered, I want to purchase the bike but can't find the owner. Any suggestions concerning legality of ownership regarding abandonment period etc? Cheers

Make a Flag,

Put a Flag on it,

Claim it for your nation.

Worked everytime for me

(source - I am english)

Seriously though - if it has been abandoned, I think you can 'salvage' it somehow - but I would consult a lawyer/police to make sure that you do it by the book (however that may be)

HenryDorsetCase
8th January 2015, 11:48
It might pay to see if there is any finance owing on it then deal with whoever has the finance. PM me the plate number and I will search in the PPSR and shout you the $3 fee.

It might come up with nothing but worth a shot.

Failing that, the local authority have the ability to impound vehicles and then sell them eventually. But your best bet is likely to doorknock around the area. O Hai do you know who owns the bike out front? Beware of the guy who "sells" it to you but does not own i.

TLDV8
8th January 2015, 11:48
Have you contacted the Police to see if it is reported stolen ?

If damaged perhaps the rider is temporarily incapacitated, there might be a Police accident report to verify that if so, a low ball offer after crash remorse is a good time to buy.

Parking a vehicle on the street does not necessarily mean it is abandoned (if it has current registration) or is not obviously immobilised or vandalised.
I better go and move my 'Ferrari.

tmc98
8th January 2015, 11:58
The bike is not reported as stolen and I have door knocked and the neighbours have no idea of who the owner is, rego will lapse in April this year and warrant is well out. I'd list that as abandoned? It's a Kawasaki balius 250. Probably worth jack all realistically. Oh yeah where's the fezza parked I'll be around in 10...

unstuck
8th January 2015, 12:02
The bike is not reported as stolen and I have door knocked and the neighbours have no idea of who the owner is, rego will lapse in April this year and warrant is well out. I'd list that as abandoned? That would be great, the plate is 19ywm. Kawasaki balius 250. Probably worth jack all realistically. Oh yeah where's the fezza parked I'll be around in 10...

Thats mine, just cannot remember where I parked it due to some good skunky, Pm me the address and I will have it removed asap.:niceone:

mulletman
8th January 2015, 12:04
Maybe take it to the cops and if no one claims it after X months it might be yours free ?
Checking on finance owing then .

tmc98
8th January 2015, 12:06
They aren't interested in it so yeah go figure

Virago
8th January 2015, 20:28
A vehicle which is legally parked, and has current registration, is not abandoned. No-one is going to deem it so just because you covet it.

Wait for the rego to expire, then report it to the local council.

R650R
8th January 2015, 20:38
Tommorows thread - I just bought a stolen bike with money owing on it and back rego....

Fuck I'm going to start parking the GSXR on the kerb now, some fucker might want to buy it, reverse pscycology and all... lol it matches the description....
Its like these guys that bid high for accident wrecks, its such a bargain.... lol

Berries
8th January 2015, 22:38
rego will lapse in April this year and warrant is well out. I'd list that as abandoned?
My SV is the same yet I use it every day.

If you 'take' the bike you will fall out with someone. Just use TradeMe.

AllanB
8th January 2015, 22:51
Take some photos of it and list it on Trademe - you may make a bit of coin ........


Tuck a old fashioned note into the seat with your contact number. The poor bugger who owns it has probably had a stroke and recovering quietly at home waiting until he is strong enough to recover his ride.

Autech
9th January 2015, 09:24
Interesting situation... Possession is 9/10ths....

Here is my theory, some backpacker bought it to ride around the South island on for bugger all, they have returned to Chch and left it sitting on the side of the road rather than attempting to sell it before they go. Not unheard of for travellers to dump stuff on the side of the road.

Grab it I say, I think you have done all you can to verify that it is abandoned. If down the line some chap rocks up saying, "thats me feking bike", then you can say, here ya go, I fixed her all up for ya.

Other thing you could do is get an address for the registered owner and write them a letter.

tmc98
9th January 2015, 09:30
Look I'm not trying to steal a bike, and if you read above you will note that the rego is expired and has been for 8 months and no current owner is listed. Anyhow thanks for all the feed back she's bit of a delicate situation

tmc98
9th January 2015, 09:33
My SV is the same yet I use it every day.

If you 'take' the bike you will fall out with someone. Just use TradeMe.

Is your SV in working condition? I'm guessing it is. The lights on this bike ~ front and indicator are pretty owned which is kinda suggestive but yeah but of a delicate one

unstuck
9th January 2015, 09:36
Fuck me, If you aint gonna take it then I'm gonna grab it when Im up there next week.:devil2:

Virago
9th January 2015, 09:41
...rego will lapse in April this year...


...if you read above you will note that the rego is expired and has been for 8 months...

Which of these is correct?

rustyrobot
9th January 2015, 09:57
Interesting situation... Possession is 9/10ths....



Just to be clear - I obviously don't know what I am talking about.

BlackSheepLogic
9th January 2015, 10:08
Look I'm not trying to steal a bike, and if you read above you will note that the rego is expired and has been for 8 months and no current owner is listed. Anyhow thanks for all the feed back she's bit of a delicate situation

It's not a delicate situation at all. It's not yours - no if's but' or and's. It's legal to park a bike on the side of the road. You can call the city and ask for it to be removed, they will but a slip on and if the owner does not move it the city will eventually remove it.

Autech
9th January 2015, 10:23
Just to be clear - what this actually means is that if you are in possession of the item there's a 90% chance you'll be guilty of stealing it. Poorly paraphrased (IANAL) - but sure HDC can confirm.

What I understand it means is that the item is in your possession you have a stronger claim to it than someone who merely claims that it is theirs. Basically the onus is then placed on someone else to prove that it is not yours and is in fact theirs.
In this case the bike has no registered owner and has been sitting on the side of the road for months now. Were the OP to wheel it down to his house it would then be in his possession. If the bike were mine and I was the chap who left it sitting there for a few months, I would need to go to him (or the Police) with proof that it is in fact mine. I'm no lawyer though, just a chap behind a keyboard.

rustyrobot
9th January 2015, 10:46
What I understand it means is... correct

Not sure where I got the mis-construed meaning from. Duh.

Ntoxcated
9th January 2015, 10:56
... rego will lapse in April this year ...


... if you read above you will note that the rego is expired and has been for 8 months


Which of these is correct?


Both are correct as I see it. The rego (actually meaning the license) expired 8 months ago which means that the registration (plate number) will lapse 12 months later - April. :msn-wink:

tmc98
9th January 2015, 11:02
It's not a delicate situation at all. It's not yours - no if's but' or and's. It's legal to park a bike on the side of the road. You can call the city and ask for it to be removed, they will but a slip on and if the owner does not move it the city will eventually remove it.

Yup very true, not arguing that point, I was trying to find out if there is a way to legally acquire it. Not just lift it. .

JimO
9th January 2015, 11:23
im no lawyer or even a doctor but as i understand it under maritime law if it was a boat and you found it you can claim it so hiff it in the ocean,"find" it and haypresto tis yours

Virago
9th January 2015, 11:35
Both are correct as I see it. The rego (actually meaning the license) expired 8 months ago which means that the registration (plate number) will lapse 12 months later - April. :msn-wink:

Cool. If that is the case the OP can report it to the local council now. They will go through the lengthy process of ticketing, removal, public notification, disposal. The OP can ask to be notified at disposal time - he may be given the option for tendering.

As I see it, that's the only legal avenue. It's not a police matter, it's a local council issue.

BlackSheepLogic
9th January 2015, 13:12
What I understand it means is that the item is in your possession you have a stronger claim to it than someone who merely claims that it is theirs. Basically the onus is then placed on someone else to prove that it is not yours and is in fact theirs..

No, that's call theft if your not the legal owner of the bike and you don't have the legal owners permission to "care" for it.

If you wander down to the AA to do a change of ownership telling them that you found the bike parked on the street, rides well and you would like to keep it, the judge is unlikely to consider that being blessed by the KB community as mitigating circumstances when sentencing.

Reporting it to the city may eventually lead to the bike legally being sold by the city if unclaimed. It won't be a fast process and it won't end up with a free bike.

Autech
9th January 2015, 14:30
im no lawyer or even a doctor but as i understand it under maritime law if it was a boat and you found it you can claim it so hiff it in the ocean,"find" it and haypresto tis yours

Would a bucket of water suffice?


No, that's call theft if your not the legal owner of the bike and you don't have the legal owners permission to "care" for it.

If you wander down to the AA to do a change of ownership telling them that you found the bike parked on the street, rides well and you would like to keep it, the judge is unlikely to consider that being blessed by the KB community as mitigating circumstances when sentencing.

Reporting it to the city may eventually lead to the bike legally being sold by the city if unclaimed. It won't be a fast process and it won't end up with a free bike.

Ahh but when does the legal "owner" no longer own it? Here's what I could find (bless the internets): from this articlehttp://www.legislation.govt.nz/act/public/1974/0066/latest/DLM420702.html
I think the OP should offer to remove the bike and store it while the council goes about the steps of notifying the owner. Once the notice period is up they could chose to "otherwise dispose of the vehicle in such manner as the council thinks fit, and any person to whom such a vehicle is sold or disposed of shall thereupon become the lawful owner of the vehicle"

Basically the OP offers to do the work of removing the vehicle and storing it as they would generally use to get a towing firm etc to do and in repayment to him he gets to keep it if it is unclaimed as it probably wouldn't be worth their while to go about selling it. Seems like a lot of legal kerfuffle for one abandoned 250!

Someone get a phuckin lawyer in on this thread already!

I agree the cleanest way of going about this would be with the local council, though the OP seems to think no one really gives a toss about this bike. Were it a burnt out car it might get attention I guess.

I go back to my theory of this being a travelers hack for a south island trip.

Bikemad
9th January 2015, 14:38
I go back to my theory of this being a travelers hack for a south island trip.

yup.........with a couple of grands worth of fines owing on it:Police:

Akzle
9th January 2015, 15:08
maritime salvage.
Given that technically New Zealand isnt land...

Berries
9th January 2015, 18:52
Fuck me, If you aint gonna take it then I'm gonna grab it when Im up there next week.:devil2:
Will you have room to pick up 500 bricks and drop them off in Dunedin to save me a trip?

Akzle
9th January 2015, 18:57
Will you have room to pick up 500 bricks and drop them off in Dunedin to save me a trip?

fire bricks? I need some...

unstuck
9th January 2015, 18:58
Will you have room to pick up 500 bricks and drop them off in Dunedin to save me a trip?

Depends what I end up taking. Daughter wants to move up there and I think the place she is looking at is furnished, so may be a car trip yet???
I may be taking the low loader up to lytlton a little later on though, but will have a grain header on it on the way back.

unstuck
9th January 2015, 18:59
fire bricks? I need some...

Come knock my garden wall down and you can have them.:msn-wink:

Berries
9th January 2015, 20:22
Depends what I end up taking. Daughter wants to move up there and I think the place she is looking at is furnished, so may be a car trip yet???
I may be taking the low loader up to lytlton a little later on though, but will have a grain header on it on the way back.
Oh well, worth a try.

ellipsis
9th January 2015, 20:39
...I hope the op has taken the pos back to his garage by now...fuck bricks...it's Lyttelton ok, you from Gorrrr...

AllanB
9th January 2015, 21:38
im no lawyer or even a doctor but as i understand it under maritime law if it was a boat and you found it you can claim it so hiff it in the ocean,"find" it and haypresto tis yours

Hmm there are some flood prone areas of Christchurch - maybe keep a eye on next weeks rain and apply the above.

Berries
9th January 2015, 23:21
The old 'maritime act' has been tried once or twice too often in the Dunedin harbour judging by some KB posts.

Azizthetics
10th January 2015, 02:18
Reminds me of a story where my dad found a car (New Altezza) in a carpark that was left there for a period of months, untouched. Made a couple of calls and turns out some asian guy bought it new here and moved back to china and didn't want it anymore.


Literally 7k+ just sitting there lol.

Autech
10th January 2015, 18:06
Reminds me of a story where my dad found a car (New Altezza) in a carpark that was left there for a period of months, untouched. Made a couple of calls and turns out some asian guy bought it new here and moved back to china and didn't want it anymore.


Literally 7k+ just sitting there lol.

Ahh! Bet the council sold that one off!

Azizthetics
10th January 2015, 22:18
Ahh! Bet the council sold that one off!

Nah some other guy was one step ahead of us, did the same pre checks, came in with a tow truck and took it away.

Oakie
16th January 2015, 16:52
So I started noticing what looked like a Balius parked up on my commute home just prior to Christmas. Still there this week and I noticed a green council 'move it or lose it' sticker on it yesterday. I checked it out at lunchtime today and it is indeed a Balius which appears to have had a wee lie down. Damaged headlight, rev counter and one indicator. Rego is 19YWM. Silver or grey depending on how fancy you are. Aftermarket exhaust of some description. It's in Cashmere, Christchurch. PM me if you think it may be yours and if you can tell me roughly how many kilometres it's done, I'll tell you where it is.

Madness
16th January 2015, 16:56
http://www.kiwibiker.co.nz/forums/showthread.php/172292-Abandoned-bike?highlight=abandoned

dangerous
16th January 2015, 17:33
ahhh what we see aye.. that be just east of coloumbo at the foot of the hill? is it still there I remember it from last year

Oakie
16th January 2015, 18:06
ahhh what we see aye.. that be just east of coloumbo at the foot of the hill? is it still there I remember it from last year
.
Thats the one. Saw the other thread and thought it was a different bike as I didn't think it had been there that long. Won't be there much longer I guess.

Akzle
16th January 2015, 18:30
i misplaced my balls several times in chirstchurch...

dangerous
16th January 2015, 18:45
i misplaced my balls several times in chirstchurch...
Id not only be suprised but amazed if you had any balls what so ever :devil2:

Oakie
16th January 2015, 19:13
Basically there is a bike that has been abandoned ~ 2 months plus on a street near my house, it has minor crash damage that is probably enough to stop it working. Contacted nzta and the ownership was switched Feb 2014 but no new owner has been registered, I want to purchase the bike but can't find the owner. Any suggestions concerning legality of ownership regarding abandonment period etc?
Cheers

Oh so you're that guy with the GB400. I probably see you a couple of times a week on Centaurus Rd on my way home.

rustyrobot
16th January 2015, 19:21
Nah some other guy was one step ahead of us, did the same pre checks, came in with a tow truck and took it away.

What happens then? Can you just change the ownership (as no one will complain or call it stolen) - or do you have to go through the hassle of buying a wreck or chassis and doing swapsies??

Akzle
16th January 2015, 20:01
Id not only be suprised but amazed if you had any balls what so ever :devil2:

you should spend more time at home. Theyre normally bouncing off your wifes forehead.

dangerous
17th January 2015, 16:49
you should spend more time at home. Theyre normally bouncing off your wifes forehead.dont have a wife mate... but if its me missus, then chers man ya saved me a job :bleh:

Akzle
17th January 2015, 18:44
dont have a wife mate... but if its me missus, then chers man ya saved me a job :bleh:

she hasnt updated her facebook status...