WA Police - Motorbike Impounded and will be Crushed?

Discussion in 'Traffic Law Forum' started by DRATS, 16 June 2018.

  1. DRATS

    DRATS Active Member

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    On the 9 June 2018


    1000hrs

    Myself and the owner of the bike TT 350 1990 arranged to meet at the corner of Abercrombie Rd and Ankerrtell Rd. As there is a rest area there for the roundabout, so as not to disturb the peace of the owers' neighbours.

    1005hrs.

    T, the owner of the bike, took the bike off the truck he was driving so I could have a look at it.

    We made a deal and started the bike as to check if it went and to warm up as it had been in he’s shed for while.

    1010hrs

    He then said leave it running as it was to get the seals oiled and lube the engine.

    1015hrs

    He wrote a receipt for the bike and said we needed to get out of there. I said I’d call a tow company to pick me up. He said "OK, I am going now."

    1020hrs

    I called the Motorcycle Movers and got the answering service stating they did not work weekends (i have the call log in my mobile phone as to prove I was waiting for tow).

    1022hrs

    I was thinking I would call a friend with a trailer and wait there til he arrived.

    1030hrs

    I was sitting on the bike and tried kicking it as it was still cold.

    1031hrs

    I saw a police car slow down and pull up beside me.

    1032hrs

    The investigating officer got out of the car and ask me if had I been riding.

    He came towards the bike and checked the motor and said it’s warm.

    1033hrs

    I told him I just brought the bike and showed him the receipt.

    1034hrs

    Officer J said "you are not allowed to ride here".

    I explained what just happened and he said "Do you have a drivers licence?"

    I said, "No, I am disqualified".

    1036hrs

    I said I wasn’t riding it. it’s warm because we had started it so I could check it run and had no problems.

    1038hrs

    The other officer asked me how much I paid for bike. I told her $1100 dollars. She said I wouldn’t have paid that much. I told her the back tyres were new and would be worth 300 dollars alone and I was going to fix it up to be registered.

    1040hrs

    At this point, I asked what was going to happen after they checked the vin number of the bike. They said we are taking the bike as it's never been registered in Western Australia.

    1046hrs

    The officer started to call for the tow truck.

    1050hrs

    Officer J started writing the impound notice and informed me the bike will be impounded for 28 days and may be crushed.

    1052hrs

    Officer said you can arrange your taxi if you want. I said I’ll wait till the truck gets here and take some details of where’s it going.

    1055hrs

    Officer J started to take a few pictures of the bike.

    1056hrs

    I said if I had been riding it that morning and being very wet weather the night before. I would be covered in dirt and the bike would be dirty as well (the bike was spotless as it never went anywhere).

    1100hrs

    We all waited sometime for the tow truck to arrive and got to chatting and the officers asked me what I did for a living. I told them I waiting for my security licence to arrive in the mail so I can apply for some positions.

    1138hrs

    The tow truck from AAAC arrived and took pictures as well and said it will be going to 32 Morgan Street Depot and will be impounded.


    1140hrs

    Officer J handed me the tow truck's card and my drivers licence back.

    1155hrs

    The officers left the area and I called a taxi service to pick me up.


    This is a true statement of the facts and the officer could not have seen me riding the bike in question and has written a false statement as the time is out as you can see on the impound notice 1052 hrs date and time and in the area of other Details /Supporting grounds for issuing this notice is blank. Also I have a handwritten letter from the owner and a call log in my mobile phone.
     
  2. Lucaslly97

    Lucaslly97 Well-Known Member

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    That’s a pain in the ass. There are so many ways the police can find out if your story checks out. I’d not just sue them for the money and the bike back but money lost and time lost dealing with this s**t.

    Example;

    Previous chat logs or phone calls to the bike owner to proof that you have been arranging the trade that day. Immediately before the police arrive, call history to the off for the weekend car towing company. Other friends for help call history.

    Ask the truck driver if he can come back and produce some proof of money transaction through the both of your bank accounts just now. But if you pay cash just tell the cop what exact notes did you pay him and when he arrives he can confirm if he had those.

    But I guess the cop only thought that you’re just waiting for a mate.
     
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  3. DRATS

    DRATS Active Member

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    I Tried to I showed the impound yard the log call of the other company at 10:20. And got a letter written in the owner hand explaining what happen and still no good I am even put in a early release from with the receipt and hand written letter the the commissioner of the VIU I don't have time now as this law stats the bike will crushed in 14 days if no evident's can be sort of not driving. I have just rung the police officer at the impound so waiting for a call back
     
  4. Clancy

    Clancy Well-Known Member

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    Well Police are pretty much forbidden to use their own common sense these days, what is important is finding the technicalities enabling them to give you a fine be it fair and reasonable or not... On that note, I am surprised they did not also charge you with using a mobile phone while in charge of a motor vehicle as well!
     
  5. DRATS

    DRATS Active Member

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    I just rung the police station and the cop I spoke to was going to see if they can put a hold on the bike depot crushing it. He rung me back just now and said under the impound law he can't stop it from happening. Nice laws here - we have put a gun to head, pull the pin and if your lucky you won't get killed.
     
  6. Clancy

    Clancy Well-Known Member

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    Being presumed guilty by police by assumption, because, well, because they can... All I can say to that is, Welcome to Australia!
     
  7. Lucaslly97

    Lucaslly97 Well-Known Member

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    It’s not an expansive bike. Let it get crushed and then sue them back for a Kawasaki Ninja bike.

    Can't you go to court for this though? It’s better giving these proofs and the bike owner as a witness to the judge than to call the cop that never answers but also can’t make decisions.
     
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  8. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Let us know how you get on. Sadly, some cops see a motorcyclist or a truckie etc and say, "Beauty! I'll get him for something!"
     
  9. DRATS

    DRATS Active Member

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    It's 9 months more of not having a licence that shits me more. I wasn't even on the road so to say I was caught riding is bulls**t and have back up from the owner's letter telling then the bike was left at the me spot he left me is insane. Australia has become a police out of control country and do what they like and charge you what every they need to make the quota for the month.
     
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  10. Rod

    Rod Well-Known Member

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    Take the matter to court and get the owner as a witness.
     
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