help with case of theft

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m4dh4tt3r

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Hi All,

Last year I bought a dirt bike and I never thought it was licenced on the old owners name as most dirt bikes dont usually get registered, or atleast they never used. Anyway, long story short, The old owner had to pay a backlog of licence fees and couldnt get hold of me to sort it out and he got hold of me last month to tell me that he had to re register the bike and I owe him licence registration fees and he also wants it transferred out of his name.

Bit of a problem here because I sold the bike last month before the old owner got hold of me and I cannot get hold of the new owner to find out if he has done the transfer. Now the old owner sms's me this morning that he has logged a case of theft and given the police my details and address and number etc.

I have a piece of paper from him (signed by him) when I bought the bike stating he sold the bike to me, I also have a piece of paper saying I sold the bike. Should I go to the nearest police station tonight and provide them with this proof? How long can a case like this last against my name as I am looking to go overseas soon.

Any help will be appreciated.

Thanks
m4dh4tt3r
 
Open a counter case of false accusation showing them all the details and proof you've got. If he never furnished you with the signed papers to transfer the bike on your name how would you have known, thus he is in the wrong.
 
Ok i see, Will have to go through tonight and do it.

So he is wrong for 2 reasons? a.) not submitting the transfer of ownership document to the licencing department and b.) I have proof that he sold it to me and I never stole it.

I just would rather sort it out with the oke but he wants me to pay R1200 for licence penalties and to scrap the bike off his name. I dont own the bike anymore so im not keen on paying for those. But also dont want a stupid case on my name for when I leave overseas in 2 months.
 
Did the bike have a numberplate and a license disk holder? It would have had to been roadworthied to have such, so a scrambler with indicators and all that jazz.
 
Why do you still want to sort it out with the guy after he reported it stolen? Just go to the police with the proof, and he can sod off.
 
m4dh4tt3r said:
Ok i see, Will have to go through tonight and do it.

So he is wrong for 2 reasons? a.) not submitting the transfer of ownership document to the licencing department and b.) I have proof that he sold it to me and I never stole it.

I just would rather sort it out with the oke but he wants me to pay R1200 for licence penalties and to scrap the bike off his name. I dont own the bike anymore so im not keen on paying for those. But also dont want a stupid case on my name for when I leave overseas in 2 months.
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So you are pushing your problems onto him, you sold the bike to someone else that is not his problem! You are also not in the clear, you did not submit transfer of ownership papers either. Why you did not make sure that you did not have to register the property is beyond me.

He is also not in the clear, he should have submitted a transfer too.

If that 3rd party gets pulled over then that person can be in major pain, possession of stolen property. Guess who that person will be angry with.. you.
 
supersunbird said:
Did the bike have a numberplate and a license disk holder? It would have had to been roadworthied to have such, so a scrambler with indicators and all that jazz.
Click to expand...

nope, no indicators or the like, in fact when I bought the bike it was in pieces and we had to re build it.
 
xrapidx said:
Why do you still want to sort it out with the guy after he reported it stolen? Just go to the police with the proof, and he can sod off.
Click to expand...

yea i guess, The only reason I would rather sort it out is that I want to leave this country in 2 months and dont want to be stopped at the airport for some stupid bike that I dont own anymore. Some one mentioned that if I have a case against me they wont allow me to travel.
 
Last edited:
biena said:
So you are pushing your problems onto him, you sold the bike to someone else that is not his problem! You are also not in the clear, you did not submit transfer of ownership papers either. Why you did not make sure that you did not have to register the property is beyond me.

He is also not in the clear, he should have submitted a transfer too.

If that 3rd party gets pulled over then that person can be in major pain, possession of stolen property. Guess who that person will be angry with.. you.
Click to expand...

yea look, I don't know much about the licencing, I asked my dad and as far as he knew dirt bikes dont get registered because they dont ride on the road. Well 10 years ago the bikes didnt even come with papers to register them, now they have changed all that, bit too late now that the bike is sold. Now that I know that it requires to be licenced I would know for future, If i had known about needing to change the documents I would have. So I know that I am not fully in the clear but that is not the point of this discussion, I dont see that I am in any sort of legal **** here and need the case off my name to go overseas.
 
m4dh4tt3r said:
nope, no indicators or the like, in fact when I bought the bike it was in pieces and we had to re build it.
Click to expand...
So you did not buy a roadworthy bike just a heap of scrap you had to rebuild? That guy have no legs to stand on. Tell him that you are now going to make a case against him for fraud.
 
Seriously said:
So you did not buy a roadworthy bike just a heap of scrap you had to rebuild? That guy have no legs to stand on. Tell him that you are now going to make a case against him for fraud.
Click to expand...

i'd also do this.
 
well the motor was in the frame still, and it was technically running, but the whole back shock and back of the bike was in bits and pieces that we needed to rebuild (im sure i still got pictures of it the day i got it). Also the day I bought the bike, he never had the papers for it, he had to get it from the finance company or whatever that he bought the bike through (I would assume bikefin or perhaps a bank) which he only dropped off at my place about a month after I bought the bike. He never mentioned anything about transferring the bike off his name or never mentioned anything about himself starting the process of transferring the bike. It certainly didnt have roadworthy certificates for it. He basically just said he wants me to pay R1200 to scrap it off his name and for the licence penalties he had to pay cos he apparently couldnt licence his other vehicles this year because this bike was on his name.
 
Just ignore him. If I recall correctly, all he had to do was submit the yellow form to have it removed from his name, you then submit the green form to have it put on your name.

Not your fault he didn't do it at the time.
 
ok perfect, I think I will just go lay a counter case for false accusations tonight and take with my proof that I bought the bike from him and already sold it to the new owner, I have contacted the new owner to find out if he did the transfer to his name yet but he said he has been so busy with work project he only comes home 10pm at night for the last 3 weeks so hasnt done the transfer yet, but atleast the new owner is aware of the situation.

If I had known at the time I really would have gone and done the transfer immediately, I am usually the kind of person to live within the laws of the country and try get others to abide by the rules, I hate breaking laws because im not rich enough to throw money around going to court etc. and I never wanted anything on my name to stop me going overseas. I just needed to see what I can do about it, but if he was supposed to submit those forms and he is lying then I should be fine and that is all i really need to know. Thank you xrapidx, I appreciate that info:)
 
Just double check, but as far as I know, thats how it works, one form for the seller, and one for the buyer.
 
I recently bought a bike second hand as a private deal. The owner needs to fill in a yellow form with your details on it as well. You then require a green form to put the vehicle on your name and to license it. You also require a roadworthy certificate if you do change of ownership. So if the bike was in the state you said it was, there is no ways it would have passed a roadworthy anyways. I would say the previous owner has no legs to stand on. He should have given you all the documentation when you bought the bike from him.
 
ok i see, well that is helpful, I got home from work and spoke to my dad a bit about this and what the guy said. He reckons there is no point in opening a counter case because he doesn't think the other guy has even bothered opening a case of theft. He thinks if the guy lays a case of theft he is going to be in a world of trouble because my dad knows I have proof of buying the bike and he doesn't know what the guy would say about how it got stolen, cant just say I stole it a year ago and only reporting it now. how did I steal it etc. so my dad says there is no point laying a counter case now.

do you agree with that or? what do some of you think, he is just trying to get R1200 out of me by using scare tactics?
 
m4dh4tt3r said:
ok i see, well that is helpful, I got home from work and spoke to my dad a bit about this and what the guy said. He reckons there is no point in opening a counter case because he doesn't think the other guy has even bothered opening a case of theft. He thinks if the guy lays a case of theft he is going to be in a world of trouble because my dad knows I have proof of buying the bike and he doesn't know what the guy would say about how it got stolen, cant just say I stole it a year ago and only reporting it now. how did I steal it etc. so my dad says there is no point laying a counter case now.

do you agree with that or? what do some of you think, he is just trying to get R1200 out of me by using scare tactics?
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Just ignore it until the cops give you a visit (I doubt) then show them the prove. They will screw him for making false statements under oath!.
 
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