If your missing microchip pet is found via it’s microchip and the new owner does not want to return it, there is nothing the databases can do to help you, so they say. The databases won’t give you the new owners details as data protection protects the new owner.
The databases could offer you advice!
You need to get a lawyer or the police involved but even then you will have to proceed to the small claims court to prove ownership, even if your microchip details are registered in your name, your details are up to date and the pet is flagged as missing/stolen. This would be a ‘civil matter’
An estimated 3,000 dogs are stolen each year and many are sold on to new owners.
By 2016 microchipping will be a legal requirement but Trevor Cooper, a solicitor specialising in dog law, confirmed that at the moment microchipping was not proof of ownership.
In cases where possession was disputed, a civil case before the small claims court would decide a dog’s future.
A judge would consider the merits of the microchip against other evidence, including who has cared for the dog and paid veterinary charges.
The court would then act in the best interests of the dog.
Dogs are considered as objects ‘goods and chattels’ and are considered the same as a car.
We are told by a Police Inspector, specialist in crime and operations:- In car cases where there is no evidence to support a theft or the suspect in possession of the vehicle as the same person who stole it, and the person being an innocent purchaser the vehicle is left with who has possession of it and for civil proceedings to resolve the ownership issue. This applies to dogs too.
Check this out with your own database:- KC/Petlog, Anibase/Identichip, Avid/PetTrac, PetProtect and SmartChip. If you don’t know what database you are on check on this link:- http://www.check-a-chip.co.uk
KC have just published a story to promote their database Petlog and microchipping in reuniting a stolen dog. It should be known that they do not support mandatory scanning and they do understand the loopholes that missing/stolen pets fall through and we believe they are misleading the public by not advising and warning Petlog customers about the down side. http://kccharitabletrust.org.uk/…/stolen-dog-reunited-desp…/
I have left this reply to the article.
May 4, 2015
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There is a dog that went missing three years ago and in December’14, the man who bought the dog from Gumtree wanted to change the microchip details. It turns out Petlog knew two years ago that the dog had been scanned and found but they never contacted the original owner. Now Petlog can’t help reunite the dog and the original owner is in the process of having to go through the courts to prove ownership and get her dog back home even though her dog is registered in her name, the microchip registration papers are up to date and the dog was flagged as missing. Is there something KC can do to change this situation? This is not the first time this has happened.
The registered owner (keeper) is still trying to get the court papers delivered to the new owner. She has been working on this since 6th December’14.
Maybe this is why the databases and vets do not support MANDATORY SCANNING to reunite missing dogs?
WHAT A MESS!
If you are in this situation and you need help, contact:-
Doglaw:- http://www.doglaw.co.uk/phoneadvice.php
Justice For Dogs (free service):- http://vetsgetscanning.co.uk/NEW/justice-for-dogs/
