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Messages - PallasAthena

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1
Non-motoring legal advice / Re: not paying for fuel
« on: January 13, 2026, 11:39:47 am »
is it worth me filing a police report?

No. Why would you want to do that?

Who would you report? Yourself? But no crime has been committed according to your explanation in post #1 of what happened. It was an accidental mistake and you had not intended to drive off without paying - "due to stresses and tiredness, I am probably guilty of the offence and feel pretty embarrassed to say the least, as this is something I would never do intentionally".

See andy-foster's advice in Reply #17.

And you have offered to pay for the unpaid petrol both in the Morrisons store and (twice) in the garage.

2
Non-motoring legal advice / Re: not paying for fuel
« on: January 12, 2026, 02:54:31 pm »
PayMyFuel letter is addressed to OP as the the Registered Keeper. It appears the OP in this case is also in the photograph as the driver but I am wondering what if PayMyFuel photographs did not evidence who was driving? Private Parking Companies have, in principle at least, the ability to shift the liability from the driver to the to the registered keeper in some circumstances but does any simlar right exist in non-payment of fuel cases like this?

The FAQs on their website include this statement but they give no indication of the legal basis for it:

"It wasn’t me that filled up, it was a family member, friend etc.
As the registered keeper, you are liable for any fines unless the party responsible volunteers to take responsibility for the case.
"

3
The Flame Pit / Re: Solicitor's Agents and Right of Audience
« on: January 11, 2026, 12:08:57 pm »
Written judgement is available on Bailii

https://www.bailii.org/ew/cases/Misc/2026/1.html

4
Private parking tickets / Re: DCBL communications
« on: December 21, 2025, 07:35:47 pm »
Quote
even visits by debt collectors to the property
I'm not aware of any examples of DCBL ever turning up in person to seek payment of disputed parking charge notices.

My point was that if the occupant of the address completely ignores all letters DCBL might turn up trying to find if the person they are looking for lives there (not to seek payment). They turned up at my daughter's looking for an ex-tenant for exactly that reason.

5
Private parking tickets / Re: DCBL communications
« on: December 21, 2025, 07:34:47 pm »
@PallasAthena's post is well‑intentioned but legally sloppy,

Thank you for your patronising response. I didn't offer any analysis of regulatory regimes nor give legal advice. It was not necessary for the practical advice for what they should actually do based on personal experience, as should have been clear from my post.

If you think any part of my advice to the OP is wrong just spit it out and say which bit it is.

6
Private parking tickets / Re: DCBL communications
« on: December 21, 2025, 06:09:25 pm »
DCBL are allowed to contact the address and ask if the person they are trying to make contact with lives there and they can't be reported or sued for doing so if they only do it once.

If DCBL repeatedly contacted the address  that might be harrassment and action could be taken. But only if DCBL have been told the person doesn't live there.

However ignoring it might lead to more letters from DCBL and even visits by debt collectors to the property. so best not to ingnore it.

The person should send the letter back to DCBL stating simply that "XXXX [the name DCBL have put on their letter] does not live here. Please do not contact me again about this matter". Normally I'd just write 'return to sender' on the envelope and shove it back in a postbox but on this occasion it would be better that they send it back in a fresh envelope and put postage on it so that they can get a proof of posting at the post office to use as evidence if DCBL try to contact the address again.

7
The Flame Pit / Re: Has the world gone mad?
« on: December 19, 2025, 03:40:15 pm »
Eye catching damages awards by juries in the USA get reported quite often but are usually appealed and the appeal judges (no jury involved in appeals) typically reduce them to a fraction of what the jury awarded.

8
The Flame Pit / Re: Amended Railway Byelaws from 26/12/2025
« on: December 13, 2025, 01:33:39 pm »
"Saba is aware of this but purports to issue POFA notices because the legal title to the station car parks is held by a wholly owned and controlled TfL subsidiary rather than by TfL directly".

Ownership of legal title is surely irrelevant as POFA Sch 4 section 3 (1) (b) says [my bold]

"a parking place which is provided or controlled by a traffic authority"

"provided or controlled", not owned.

9
The Flame Pit / Re: Amended Railway Byelaws from 26/12/2025
« on: December 07, 2025, 05:00:34 pm »
Also in the Explanatory Note:

"Bylaw 14A, which applies in England and Wales, clarifies that that these Byelaws do not impose liability for station car parking which are subject to a contractual arrangement."

"Clarifies" suggests that a substantive change is not intended but that may not be the case.

10
The Flame Pit / Re: Random Toll Charge from TFL
« on: November 27, 2025, 02:53:20 pm »
If TfL are asserting that the payment was due from and made by your sister then they couldn't logically use data protection law to refuse to disclose what she has asked because, according to TfL, it is your sister's own personal information!

11
The Flame Pit / Re: IDP necessary?
« on: October 18, 2025, 01:59:51 pm »
Still over 4 million paper licences out there according to a google search.

Don't need to change it for a photocard until I reach 70 which is still almost three decades away!

Only if you never change address between now and when you reach age 70. If you change address you have to surrender the paper licence and will get a photocard in replacement with your new address (or if you change your name, eg on marriage).

I read somewhere (can't remember where) that about 10% of the licences currently in existence are still paper licences but ageing and changes of address/name must be steadily reducing that.

12
Non-motoring legal advice / Re: Property rights after a person dies
« on: October 10, 2025, 09:02:06 am »
I forgot to say that I've assumed the deceased brother has no surviving spouse or civil partner.

13
Non-motoring legal advice / Re: Property rights after a person dies
« on: October 09, 2025, 08:16:23 pm »
I think your friend's first priority is to discuss with the police how she can get access. Once in she can soon get a locksmith to change the locks. Then start looking for documents. Search the flat itself of course but also look for any documents indicating other places where the Will might be. Any correspondence with solicitors. Could it be with his bank (although most banks no longer look after Wills nowadays).

Unless and until she finds a Will she can take steps as the highest ranked person in the Intestacy Order of Priority - https://todayswillsandprobate.co.uk/order-of-priority-rules-of-intestacy/ - to secure the property and its contents. As well as changing locks she can (and should) remove from the flat all valuables and important documents and take them into her own home for safe keeping.

14
Non-motoring legal advice / Re: Property rights after a person dies
« on: October 09, 2025, 05:37:40 pm »
Sorry but I'm confused by who the other people are. Who are the other people who might have keys?  Who was last heard of living rough in France? Are there other living siblings?

How did the police get keys? Did they break in to discover the body and take away a set of keys at that time? Possibly after gaining access they had a locksmith change the locks and the locksmith left all the new keys with the police?

IF there is no Will (ie he died Intestate), and IF the brother who has died in the Barbican has no living parents or children, and IF your friend is the only surving sibling then your friend would inherit the property and the deceased's whole estate. And she would be the person who could apply for Probate and would then have the authority to deal with his Estate. If there are other living siblings the estate is shared equally between them.

But she is going to struggle with this if she doesn't "do computers". Most things involving administering an Estate have to be done online. If it turns out she is the closest relative to handle the Estate if there is no Will (or if there is a Will that names her as Executor) she might be best advised to employ a firm of solicitors to deal with it all. Especially if, as your post hints, there may be another sibling somewhere entitled to a share of an intestate estate but who can't be found. If her late brother owned a Barbican flat outright (no mortgage/loan to pay off) the Estate will well be able to afford solicitors' fees. Barbican flats are expensive! Online sites like Zoopla will give a rough idea of current value.

Of course she doesn't know if there is a Will yet, she needs to gain access. She should ask the police if they can let her in.  Ask neighbours or any known friends if they have a key (unless the locks have been changed).

Does she know who her brother's solicitor is? I'm guessing not, but if she does she could ask them if they have the Will. There's a private company called The National Wills Register who store Wills. She could check if they hold her brother's.

Is an Inquest being held? If so the death can't be formally registered until after the Inquest but the Coroner should issue her with an interim death certificate called a "CORONER'S CERTIFICATE OF THE FACT OF DEATH" which she can use to administer the Estate in the meantime.

She can check the actual ownership position of the flat (and if there are are any mortgages or charges) at the Land Registry. She'd need to set up an account first and there's a £7 fee but it's straightforward. The document she needs is the Title Register (don't need Title Plan).  https://www.gov.uk/search-property-information-land-registry

15
Non-motoring legal advice / Re: TFL’s 60+ Oyster card
« on: October 08, 2025, 11:07:14 am »
The Freedom Pass is not issued until you reach State Pension age (currently 66) and only then do you apply to London Councils for the Freedom Pass.

For residents of London Boroughs TfL provides free bus and tube etc travel from age 60 by issuing them with a TfL Oyster 60+ card. I believe that is the card OP is referring to. You have to apply to TfL for that, it's nothing to do with London Councils. It runs until you are 66 when it is replaced by the London Councils Freedom Pass.

As OP hasn't come back I assume the problem was solved but for anyone else reading the thread this is the TfL page to apply for the Oyster 60+ card. I've not heard of any particular problems with it but I guess any site can be having a bad IT day sometimes.

https://tfl.gov.uk/fares/free-and-discounted-travel/60-plus-oyster-photocard

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