Transferring vehicle ownership - problems

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Transferring vehicle ownership - problems


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Old 2nd June 2015, 03:40 PM
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Default Transferring vehicle ownership - problems

I wonder if anyone can help with this one.

I have been offered a motorbike. It was owned by a Brit who has gone back to UK (I think). He has lost the permiso de circulacion and failed to sign any sales documents before he left. He also failed to leave any copies of his passport/NIE.


So, I can fix most of the problems but I have no proof of him - I need at least a copy of his NIE or his passport.

How do I get around this?

Is the only option to go to Tráfico and re-register the bike?

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Old 2nd June 2015, 04:45 PM
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Hola

This is going to sound stupid but it is good advice based on bitter experience. Transfer the bike into your name in the UK. Then import it into Spain and there will be no problems because you own the bike and cannot be thought of as stealing it.

If you do not own the bike then you MUST produce a bill of sale detailing where you paid the VAT on the sale.

By all means pm me if you wish to discuss

Davexf

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Old 2nd June 2015, 04:53 PM
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If he's so conveniently forgotten to leave or lost all these documents and avoided doing the paperwork, are you sure there aren't outstanding fines related to it?

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Old 2nd June 2015, 06:21 PM
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Quote:
Originally Posted by Lynn R View Post
If he's so conveniently forgotten to leave or lost all these documents and avoided doing the paperwork, are you sure there aren't outstanding fines related to it?
I've done checks and I don't think there are any debts.

@Davexf - surely doing what you suggest is the same as simply re-registering it (from scratch) here? Why go via the UK? Perhaps I've missed something and I would still need to prove how I got it? I don't mind paying the transfer tax (clearly this is different to IVA/VAT).

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Old 2nd June 2015, 07:02 PM
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Perhaps the bike is stolen, put on false number plates and later abandoned, you need an expert to give the vehicle a very close examination.

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Old 2nd June 2015, 07:29 PM
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Quote:
Originally Posted by snikpoh View Post
I've done checks and I don't think there are any debts.

@Davexf - surely doing what you suggest is the same as simply re-registering it (from scratch) here? Why go via the UK? Perhaps I've missed something and I would still need to prove how I got it? I don't mind paying the transfer tax (clearly this is different to IVA/VAT).
Hola

Put simply, you don´t own the bike therefore cannot import it into Spain - if you can prove (in a court of law) that you own the bike then there is no problem. If you are asked (as you will be) to produce a bill of sale from the previous owner - with a statement that you have paid the correct amount of VAT - then you will have no problems in Spain.

In England, you simply fill in the correct bit of the V5C log book and Spain will accept the bike is yours.

This is from bitter experience

Davexf

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Old 2nd June 2015, 10:33 PM
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Quote:
Originally Posted by davexf View Post
Hola

Put simply, you don´t own the bike therefore cannot import it into Spain - if you can prove (in a court of law) that you own the bike then there is no problem. If you are asked (as you will be) to produce a bill of sale from the previous owner - with a statement that you have paid the correct amount of VAT - then you will have no problems in Spain.

In England, you simply fill in the correct bit of the V5C log book and Spain will accept the bike is yours.

This is from bitter experience

Davexf
My reading of the op is that it is already Spanish plated.

For the bill of sale we always do our own when none exist.
Having said all that this still looks alike a can of worms.
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Old 3rd June 2015, 07:08 AM
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Quote:
Originally Posted by gus-lopez View Post
My reading of the op is that it is already Spanish plated.

For the bill of sale we always do our own when none exist.
Having said all that this still looks alike a can of worms.
You are correct.

Yes, the compraventa (sp?) is not a problem. The issue is lack of id from the seller.

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Old 3rd June 2015, 07:27 AM
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If you can't find the owner it will be tricky.

Even if you do find him, you will still by liable to pay all the retrospective "road tax" payments that have been missed by the previous owner before the transfer can go through.

You may also be able to get help from the person that has "offered it to you". In some cases the person who has the use and possession of a vehicle may be able to prove that this has been the case for some time and may be able to sign a legal document stating as much which would give him the right to "assume ownership". This is quoted in some internet pages as a possibility in other circumstances, but it is not clear if it would be possible / appropriate in this case. You would need to check with a lawyer.

Honestly, I would not sign such a document. What happens if the owner comes back?

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Old 3rd June 2015, 07:32 AM
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Here is a legal resources page about the point of law I am referring to:

Adquisición de la propiedad de un bien por su posesión continuada (usucapión) | Blog AOB Abogados

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