Aircooled VW South Africa

Morning everyone wonder if u can help i bought a bay window a few months ago with no papers before i bought it i went to the police station to check if its not stolen and it was not i went last week to the traffic dep to find out what i need so i gave them the vin number they say the kombi was scrapped in 2009 by the owner but its still on the system they gave me a name and number so i call the lady according to the lady she took the kombi for someone to fix the engine on the way home from picking up the kombi and paid the kombi broke down again she towed the kombi back to the the machine he then said to her its something else she had a fight with them and said she will not pay a extra cent to fix it then she left after months she went to check on the kombi it was scrapped by the machine

I need the scrap papers form her and she does not wana help me what is the process from here

all you need is the scrap papers from the mechanic.

Herman

Thanks Herman but i wish i knew who the machanic is

How does a mechanic, who is not the registered owner, scrap a vehicle with the authorities?

You answer may be to investigate this a little more.

There is no way the mechanic could have scrapped the bus legally, if he never had the original papers, something does not add up???

Actually, a mechanic has a lien over any property left with him for repair and that is subsequently not paid for and effectively abandoned. Once he has advertised in the press that the owner must pay up and collect his property and they fail to do so within a reasonable time, he can then get a court order declaring himself the owner of the vehicle.

However, it seems unlikely that happened in this case. More likely a "fee" was paid to a cashier in the licensing office to perform an unauthorised transaction.

Richard, your only solution here is to convince the registered owner to apply for a duplicate scrapping certificate, which is the only way you can legally register this bus in your name. You will need to be diplomatic and convince her that her dispute with the mechanic has nothing to do with you. She obviously wrote the bus off by abandoning it with the mechanic, so it wouldn't be reasonable for her to now lay some claim to it. You will have to convince her to be reasonable ...

As you do not know both sides, you may be opening a cesspool.
Ask the old lady who the mechanic was, contact him and let them both tell you their side.
Then you will be in a better understanding to what has happened.
If the Mechanic has been deemed to be the rightful owner, you only need to deal with him.
He would then have the scrap papers on file to give to you.
You may be able to track back to the mechanic by the guy you got the bus from.

OMO

Herman

You don't need to know the story of what happened. The only info you need has already been given to you, ie, who is the registered owner. Since the mechanic is not the registered owner, it's irrelevant how the bus was scrapped. It IS scrapped and it IS in the old lady's name. Therefore only she can get a duplicate scrapping paper. No one else can (legally) register the car in their name without the scrapping docs.

BTW, under SA common law, being the registered owner of a vehicle is evidence of ownership, not proof. The common law regards registration as a matter of convenience for the authorities, and not a record of lawful ownership. You are in lawful possession of the vehicle, having bought it in good faith. You have not given us any facts that would suggest you are not the lawful owner, so we can assume you are the lawful owner. You can't force the old lady to co-operate and get you the scrapping docs, but there is most likely nothing she can do in law to claim the car back from you, unless she reported it stolen, which doesn't seem to be the case.

No Fig, with all respect, all you need is the scrap papers, the person that has the scrap papers in their possession, is the legal owner.
That is seen by the registration dept. as being proof of ownership.
So if the mechanic has the papers, he can hand it over.
All you need to put it back on the road, is that scraping paper, noting else.

once again, only my experience.

Herman

You are right re the scrapping papers Herman. But the OP said the registered owner is NOT the unknown mechanic, who may or may not have the scrapping paper and who cannot legally get a duplicate. Only the registered owner (unhappy old lady) can do that.

Let me try calling her again n see if she is willing

Perhaps tell her nicely that this ain't going to go away. If she does'nt help you then the next person is going to come along, then the next, and the next.
And still being the registered owner, surely she is then responsible for traffic fines, outstanding penalties, etc that might come along the way.
So you are doing her a favour - offer to pay for duplicate certificate and drive her there - about R150 I think

They told me yesterday by the traffic dep if it is a scraped then it will be a build up?

Yes, 2015 model.