Abandoned airhead in Italy , anyone's ?
- Thread starter giacomo
- Start date
steve in nz
Registered user
theft is the intent to deprieve the owner of an item permanantly. He ant doing that. He has contacted the authorities & the airport company. Has informed them where it is. Has covered all bases. Has even mentioned it on a thread on internet. No enforcement agency would prosecute this.
commonsense prevails you would hope.
Deleted account 231002001
Registered user
I have never been refering to the chap there in Italy, I am talking about someone in the UK thinking it was OK or sensible to drive to Italy, load a motorcycle that is parked in a car park onto a trailer and drive off with it.
.... and I think that to be convicted of taking without the owners consent the 'offender' doesn't have to have the intent to permenantly deprive.
I may be wrong and to be honest don't really care that much, if someone here wants to take the risk, expense and effort of driving over there to pick up some crappy old bike for someone they don't know, go ahead. Just don't be upset when you next leave your car or bike at Heathrow and some Italian twat on an internet forum loads it on a trailer and takes it to Italy for you.
.......................................
If there is anyone who is handy with Photoshop we could alter that photo to an old airhead and it would be a perfect poster for Airhead Weekend.
Just a thought, home made parts, modified etc. The owner will be buying bits from the likes of Motor Works, Motobins, James Sherlock. Perhaps they can link the chassis number to an owner and give him the heads up?
If it were mine I'd be extremely grateful to the OP for saving my bike from the scrap yard.
As regards the accusations of theft, once the vehicle has been deemed abandoned by the local authorities....................
If it were mine I'd be extremely grateful to the OP for saving my bike from the scrap yard.
As regards the accusations of theft, once the vehicle has been deemed abandoned by the local authorities....................
Jim, I have just skimmed over this thread and from what I see there appears to be two options on 'offer' here.
- Allow the local authorities in Italy to dispose/crush it.
- Repatriate the machine back to the UK and possibly back to it's owner.
If you feel the former is the better of the two options, then I can only surmise that it is indeed you that is the prick here
Indeed, when ordering bits from M Works, its the reg no. that they always ask for............... 'usual delivery address sir?'........................ 'Oh , er, which one have you got?'........................
I think the gear selector return spring is one of the cheapest things to buy
I may have missed something, but what about 'donating' it to the 'school for young mechanics'
Ok, Decster
Hadn't picked up all the nuances involved, you're right
I think enquiring via Motorworks et al, is a very good idea Packer
I assume the DPA prevents the Police etc passing information on to a 3rd party. I was thinking more along the lines of a quick Police call egData Protection ActThe days of looking up vehicles etc are long long over. You'd be hung drawn and quartered if you put this up on the PNC as no crime has been reported.
Make that man Chief-Constable.
WindyChuffer
Registered user
Open the panniers....there may well be some identifying paperwork in them.
A letter or bill etc.
As you really care about this, which is honourable, how about writing a letter to the UK & Italian Rozzers? If the owner does return, he'll likely report the bike stolen and then stands at least some chance of being told where the bike is. Just a thought.
M.
A letter or bill etc.
As you really care about this, which is honourable, how about writing a letter to the UK & Italian Rozzers? If the owner does return, he'll likely report the bike stolen and then stands at least some chance of being told where the bike is. Just a thought.
M.
I would be.
Although I may want the bike keeping in Italy, and not returning home, and would like to be given the option.
I also wouldn't mind if the DVLA had released my details to a rescuer especially if this was the only thing that was sealing it's visit to the crusher.
OK, so looking above there is a pic now with text, a foot note could also be added of what may happen to the bike, and we know the rego number...... and no doubt there are tossers on here members of numerous other bike forums that the pic could be posted on, so there is the campaign surely?
I would love to hear of it's owner collecting..... hell, it could be made into a film!
Good idea ... it would a better film than some of the shite I've watched recently..... I would love to hear of it's owner collecting..... hell, it could be made into a film!
fayeslane
Registered user
I'm never going to leave my airhead at an airport 
AberdeenAngus
Registered user
This is from a diffferent forum a few years ago about the same thing....
If you send off the paperwork requesting issue of a V5, DVLA will write to the current keeper (if any). If they don't respond within (IIRC) 2 weeks then a V5 will be issued to you.
This will make you the registered keeper (with all the associated legal responsibilities), but not the owner.
If you appropriate the vehicle - ie move it, start driving it - basically exercise any property rights over it, but do so honestly, it will not be theft. The Theft Act 1968 specifically states that you are not in law dishonest if you:
honestly believe you have a legal right to, or
believe the owner would consent if they knew of your appropriation and its circumstances, or
believe the owner cannot be found by taking reasonable steps.
Making all reasonable enquiries to locate the owner and get their permission would therefore stop you from being guilty of theft. DVLA will sell you the current keeper details, for a lawful purpose - you can download the paperwork off their website.
This is NOT the same as making you the owner. Very little in English law will transfer genuine title away from a previous owner without their consent. Which means that if someone does turn up in future, claiming to be the owner at the time you took the abandoned car, chances are you will have to return it to them, despite any money you may have spent on it, so be warned...
Obligatory disclaimer - I am not a lawyer (any more!)
Tol
PS (edit)- Thinking about it, of course, it being a conveyance, you'd have to avoid the TWOC offence too. No legal requirement of dishonesty, but a statutory defence of either:
believing you have a legal right to take it
believing the owner would consent to the taking if they knew of it and the circumstances
NO defence of believing the owner can't be located with reasonable steps...!!
I guess the gamble is if the guy responds to the DVLA saying - yes it's mine. Then you would have no choice but hand it over.
But...there's a better way.
If the carpark has the right to scrap it - then they have the right to take ownership of it for disposal.
Assuming there is something owing for a years parking....make the company an offer.
The company seizes it and disposes of it in your direction. You're covered. You'll have a paper of ownership from the carpark company.
If you send off the paperwork requesting issue of a V5, DVLA will write to the current keeper (if any). If they don't respond within (IIRC) 2 weeks then a V5 will be issued to you.
This will make you the registered keeper (with all the associated legal responsibilities), but not the owner.
If you appropriate the vehicle - ie move it, start driving it - basically exercise any property rights over it, but do so honestly, it will not be theft. The Theft Act 1968 specifically states that you are not in law dishonest if you:
honestly believe you have a legal right to, or
believe the owner would consent if they knew of your appropriation and its circumstances, or
believe the owner cannot be found by taking reasonable steps.
Making all reasonable enquiries to locate the owner and get their permission would therefore stop you from being guilty of theft. DVLA will sell you the current keeper details, for a lawful purpose - you can download the paperwork off their website.
This is NOT the same as making you the owner. Very little in English law will transfer genuine title away from a previous owner without their consent. Which means that if someone does turn up in future, claiming to be the owner at the time you took the abandoned car, chances are you will have to return it to them, despite any money you may have spent on it, so be warned...
Obligatory disclaimer - I am not a lawyer (any more!)
Tol
PS (edit)- Thinking about it, of course, it being a conveyance, you'd have to avoid the TWOC offence too. No legal requirement of dishonesty, but a statutory defence of either:
believing you have a legal right to take it
believing the owner would consent to the taking if they knew of it and the circumstances
NO defence of believing the owner can't be located with reasonable steps...!!
I guess the gamble is if the guy responds to the DVLA saying - yes it's mine. Then you would have no choice but hand it over.
But...there's a better way.
If the carpark has the right to scrap it - then they have the right to take ownership of it for disposal.
Assuming there is something owing for a years parking....make the company an offer.
The company seizes it and disposes of it in your direction. You're covered. You'll have a paper of ownership from the carpark company.
and his family don't know where the old codger left his precious heirloom.
Hang on a moment, I'm an airhead owner
. Oi, Sean, I'm offended
Decster
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and his family don't know where the old codger left his precious heirloom.
Hang on a moment, I'm an airhead owner
Have you checked where you left yours.....you never know
pikeydave
Registered user
Mine's in Italy!!
Abandoned...
Abandoned...
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