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Messages - PallasAthena

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1
Non-motoring legal advice / Re: Bollard badly positioned.
« on: April 11, 2026, 04:28:21 pm »
Looks like a public road so ask the local council why it is there. But even if for no reason at all it still won't make them liable for opening your car door into it.

2
Non-motoring legal advice / Re: Advice on Consumer Law
« on: March 22, 2026, 01:32:54 pm »
If the items are bought in store there is no obligation on the shop to give a cash refund unless the items are faulty or not as described (eg if the T-shirts were in fact size Small but had the wrong label in them saying they were size XL) or do not do what they're supposed to. The store manager is correct. It's irrelevant that the buyer was purchasing them as a gift for someone else.

3
The Flame Pit / Re: Porch pirates - potentially live case
« on: February 08, 2026, 10:28:13 am »
It is my understanding that when sending goods, if you decline to pay extra for insurance (against the courier's negligence), you are deemed to have accepted the risk yourself) - or more specifically, there will be a term in the courier's contract which provides this.

The MSE site took legal advice about the 'parcel protection insurance' sold by delivery companies and posted this guide to it in 2024. The circumstances they describe aren't identical to yours but may be useful.

https://www.moneysavingexpert.com/reclaim/should-i-get-parcel-protection-insurance/

4
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.

5
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.
"

6
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

7
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.

8
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.

9
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.

10
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.

11
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.

12
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.

13
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!

14
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.

15
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.

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