This is a précis of a post I read in a newspaper, which I thought might be of interest.
A young father was dismayed with he found his bike, complete with his five-year-old son’s child seat, had been stolen from his garden shed. It was especially inconvenient as he used it to take his son to school.
The child seat was found abandoned nearby the next day. Even though the bike had been reported as stolen, including the bike frame number which had been registered with a bike register, the young father gave up hope of ever recovering his bike.
Then he remembered he had an electronic security tag hidden under the seat. He tracked it down using his mobile phone to a local bike shop, where he could see the bike inside for sale. The shop was closed, but he wondered what his rights were about recovering his bike.
He contacted a legal professional for help, who told him that if anybody buys stolen goods, they do not automatically become the legal owner. It was likely the bike shop owner had bought it from a third party (possibly the thief), but even so, the young father still retains his legal status as the owner of the bike.
The bike shop owner should have been aware of the registered number on the frame and questioned the person who sold it to him before buying it. And the fact that he didn’t notice the electronic security tag under the seat is in the young father’s favour. This would help him when he visited the bike shop later to claim back his stolen bike.
This principle applies to anyone buying second hand goods. It is a good idea to seek evidence as to ‘provenance’, a history or records of ownership, to confirm this person has the right to sell these goods to you, and to prevent the risk of them being taken and returned to the rightful owner.
As regards the young father, he had the right to ask for his bike back, as he could prove it was his through the registered number and security tag. It was also advisable he should be accompanied by a police officer, who could reinforce the legal standing of the young father.
The bike shop owner had no alternative but to return the bike to its rightful owner and make a financial loss from the transaction.
Alice Elliott
