Any kind of advise would be really appreciated.
I'll jump straight into it.
Background
Around April 2017 I had my vintage Yamaha XT250 stolen from the front yard of my house in Fremantle, WA.
On February 26th 2018 I received a calling card from WA Police to contact an officer.
On February 27th 2018 I called the officer at Busselton police Station who informed me that my bike had been recovered.
Yippie! I was not expecting that in a 100 years!!!
How it was recovered?
I spoke with the officer over the phone and he told me that a third party had taken the bike into a DOT inspection centre to get the bike inspected for licensing, and the inspector had gone to log the bike's VIN number into the system, where it had come up listed as stolen, the inspector subsequently called the police who came and recovered the bike. The officer also stated that the third party had bought the bike from Gumtree (unlicensed) and that the bike had been thorugh 4 sets of hands prior to coming to the last third party. The bike was down in Busselton police station (3 hours south of Perth).
Me
Great, when can I come and pick the bike up?
Officer
"Well here's the thing, do you actually still want the bike? What sort of condition was it in when you had it stolen?
Me
Yes I do very much so want the bike and it was in good working order when it was stolen.
Officer
Ahh you see the thing is this guy innocently bought the bike and spent some time getting it roadworthy and doing it up with new parts and he is asking if you would let him have the bike, or come to an arrangement?
Me
OK. I am happy to contact him.
Next Steps
I texted the third party and offered to cover his costs within reason, he replied that he had virtually rebuilt the bike and would offer me back a frame, forks and wheels (no tyres mind) and no money or any of the other original parts (basically a whole bike) that he had now disposed of. I said thanks, but no thanks and I'll look to recover my bike.
Incommunicado
I attempted to contact the officer leaving messages at the police station and various voice messages and text messages on the mobile number he had given me (all to no avail).
I then received an email from the third party (unsolicited as I never gave him my email address not permission for the officer to pass it on) pleading with me to compensate him for the money and time he spent on the bike. I replied that once I had recovered the bike I would certainly consider it and would assess the amount once I had actually seen the bike! I also asked him not to contact me via email any further.
I then attempted to contact the officer to arrange pick up of my bike (as it is a 6 hour round trip and wanted to make sure it was not a waste of time) again I left VM and Text messages.
I then received the following email:
Good Afternoon Justin.
I have tried to call you over the past few days, as after speaking to XXX XXX on Wednesday at the Busselton Police Station it would appear that you have not been able to come to an Arrangement.
I have taken legal advice from the Police Departments LEGAL SERVICES in relation to your stolen Yamaha XT250 Motor Bike and I wish to advise your Motor Bike is now part of a “ Property Interpleader Proceeding ”
XXX will be supplying me with the relevant documentation as to his expenses etc. during the next few weeks so I can forward them into LEGAL SERVICES Dept for them to make a determination on this matter or refer it to the Magistrates Court for a ruling.
If you could kindly do the same and email me a copy of the Bike Registration Papers/ Photo’s etc you may have.
Your Yamaha XT250 Motor Bike will therefore be kept, with no coast to you, in a safe storage area at the Busselton Police Station.
I’m now on leave until the 28th March, hopefully yourself and XXXX may come to some resolution during this time.
Please don’t hesitate to contact me if you have any questions
Kind Regards
Other INFORMATION
Bike was not insured (I am still 100% registered owner)
Bike had no debts or judgements against it
I don't have any debts or judgements against me (civil or gov)
Bike was fully licenced and in good running order when it was stolen
I was under the impression the guy who sold the third party my bike (for $1200 BTW) would be the one who would be getting the grief, not me? I just want my stolen property back........then I can consider giving some compensation etc....Is that too much to ask?
Any pointers on what is going on here? I thought “ Property Interpleader Proceeding ” was a civil action? why are the police actively pursuing this matter?
Help!
I'll jump straight into it.
Background
Around April 2017 I had my vintage Yamaha XT250 stolen from the front yard of my house in Fremantle, WA.
On February 26th 2018 I received a calling card from WA Police to contact an officer.
On February 27th 2018 I called the officer at Busselton police Station who informed me that my bike had been recovered.
Yippie! I was not expecting that in a 100 years!!!
How it was recovered?
I spoke with the officer over the phone and he told me that a third party had taken the bike into a DOT inspection centre to get the bike inspected for licensing, and the inspector had gone to log the bike's VIN number into the system, where it had come up listed as stolen, the inspector subsequently called the police who came and recovered the bike. The officer also stated that the third party had bought the bike from Gumtree (unlicensed) and that the bike had been thorugh 4 sets of hands prior to coming to the last third party. The bike was down in Busselton police station (3 hours south of Perth).
Me
Great, when can I come and pick the bike up?
Officer
"Well here's the thing, do you actually still want the bike? What sort of condition was it in when you had it stolen?
Me
Yes I do very much so want the bike and it was in good working order when it was stolen.
Officer
Ahh you see the thing is this guy innocently bought the bike and spent some time getting it roadworthy and doing it up with new parts and he is asking if you would let him have the bike, or come to an arrangement?
Me
OK. I am happy to contact him.
Next Steps
I texted the third party and offered to cover his costs within reason, he replied that he had virtually rebuilt the bike and would offer me back a frame, forks and wheels (no tyres mind) and no money or any of the other original parts (basically a whole bike) that he had now disposed of. I said thanks, but no thanks and I'll look to recover my bike.
Incommunicado
I attempted to contact the officer leaving messages at the police station and various voice messages and text messages on the mobile number he had given me (all to no avail).
I then received an email from the third party (unsolicited as I never gave him my email address not permission for the officer to pass it on) pleading with me to compensate him for the money and time he spent on the bike. I replied that once I had recovered the bike I would certainly consider it and would assess the amount once I had actually seen the bike! I also asked him not to contact me via email any further.
I then attempted to contact the officer to arrange pick up of my bike (as it is a 6 hour round trip and wanted to make sure it was not a waste of time) again I left VM and Text messages.
I then received the following email:
Good Afternoon Justin.
I have tried to call you over the past few days, as after speaking to XXX XXX on Wednesday at the Busselton Police Station it would appear that you have not been able to come to an Arrangement.
I have taken legal advice from the Police Departments LEGAL SERVICES in relation to your stolen Yamaha XT250 Motor Bike and I wish to advise your Motor Bike is now part of a “ Property Interpleader Proceeding ”
XXX will be supplying me with the relevant documentation as to his expenses etc. during the next few weeks so I can forward them into LEGAL SERVICES Dept for them to make a determination on this matter or refer it to the Magistrates Court for a ruling.
If you could kindly do the same and email me a copy of the Bike Registration Papers/ Photo’s etc you may have.
Your Yamaha XT250 Motor Bike will therefore be kept, with no coast to you, in a safe storage area at the Busselton Police Station.
I’m now on leave until the 28th March, hopefully yourself and XXXX may come to some resolution during this time.
Please don’t hesitate to contact me if you have any questions
Kind Regards
Other INFORMATION
Bike was not insured (I am still 100% registered owner)
Bike had no debts or judgements against it
I don't have any debts or judgements against me (civil or gov)
Bike was fully licenced and in good running order when it was stolen
I was under the impression the guy who sold the third party my bike (for $1200 BTW) would be the one who would be getting the grief, not me? I just want my stolen property back........then I can consider giving some compensation etc....Is that too much to ask?
Any pointers on what is going on here? I thought “ Property Interpleader Proceeding ” was a civil action? why are the police actively pursuing this matter?
Help!
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