https://legalbeagles.info/forums/ Legal Beagles - Guarding your Consumer Rights - Free legal, consumer and debt forum en Sat, 06 Jun 2026 20:52:55 GMT vBulletin 60 images/themes/legalbeagles/misc/rss.png https://legalbeagles.info/forums/ https://legalbeagles.info/forums/forum/legal-forums/scotland/1719702-housing-private-residential-tenancy-anti-social-behaviour-nuisance-or-annoyance Sat, 06 Jun 2026 18:32:20 GMT
The advice sought
I'm looking for case law or statutory guidance about what is or is not capable of amounting to "nuisance or annoyance" in the context of a "Respect for Others" clause in a PRT / Private Residential Tenancy agreement.

I'd be happy to spend a few hundred pounds on legal textbooks, if I knew which one(s) are likely to be helpful.

The problem:
My landlord has asked me to formally acknowledge that certain behaviour of mine amounts to anti-social behaviour.
Although I think 6/10 people would have done exactly what I did, I'm quite happy to give an immediate undertaking never to repeat the behaviour complained of.

However, my landlord further demands that I sign an undertaking to tie my own hands in terms of defending future eviction proceedings; and, in effect, also demands that I contract out of my Land Reform (Scotland) Act 2003 access rights / right to roam relating to the parts of Scotland my landlord controls, on pain of eviction.

The background to this is that I've been asking my landlord company's management board some very awkward questions about their corporate governance.

My tenancy agreement defines anti-social behaviour in terms of "alarm, distress, nuisance or annoyance".

I see that:
- Variations on the phrase have been used in civil and criminal legislation both in Scotland and in England & Wales for many years.
- And they've been adopted in social and private residential and commercial tenancy agreements, north and south of the border.
- And in public order / anti-social behaviour legislation.
- There is some overlap with harassment legislation.
So there must be plenty of case law about what is "likely to cause ... annoyance to others".

A BAILII search on "nuisance and annoyance" + "tenant" gives a good crop of cases, but all those I've read relate to a strikingly high level of misbehaviour involving violence, threats, vandalism to homes and vehicles, drug dealing offences and serious ongoing noise nuisance, usually associated with serious criminality or mental illness.

There is almost nothing a human can do which isn't likely to "annoy" somebody, somewhere so, on the face if it, "likely to cause ... annoyance to others" has no bottom limit.
I have tracked down the Glasgow City Council v Lockhart 1997 Hous LR99 criteria (public interest; gravity of offending; awareness of consequences of conduct; likely consequences of eviction).

But what I'm really looking for some decided cases relating to the very minimum behaviour that has been found to be capable of constituting "likely to cause nuisance or annoyance" in a residential tenancy context.

Over to you, I hope!
]]> Scotland West Coast https://legalbeagles.info/forums/forum/legal-forums/scotland/1719702-housing-private-residential-tenancy-anti-social-behaviour-nuisance-or-annoyance https://legalbeagles.info/forums/forum/legal-forums/housing-property-and-neighbours/1719696-deposit-amount-changed-during-the-contract Sat, 06 Jun 2026 10:38:39 GMT So, I recently moved as many people have to due to a Section 21(no fault eviction) prior to the outlawing of it. During the process of going through...
I am currently awaiting the deposit but have an email good to go when the issue of deductions is resolved.

Question 2: is there a legal timescale for a landlord to return said deposit as it is now over the 10 working days since official kick out date?

]]> Housing, Property and Neighbours leclerc https://legalbeagles.info/forums/forum/legal-forums/housing-property-and-neighbours/1719696-deposit-amount-changed-during-the-contract https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/1719694-scottish-court-claim-form-05 Fri, 05 Jun 2026 22:37:51 GMT Hi, I’m looking for some advice regarding a scottish court claim please. I stupidly got myself into debt, I let all my credit card accounts default... CCA request when I received an A4 envelope full of statements, but still no CCA. In February this year I started to receive letters from Brodies with threats of court action, I asked for some advice on MSE and the general advice was that it would be scare tactics and to await a letter before action. This letter never came and today I have received a form 05, hand delivered by a sherrif officer. Im now terrified and in desperate need of any advice you may be able to send my way? Thankyou so much for reading this far. ]]> Received a Court Claim? Freshstart24 https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim/1719694-scottish-court-claim-form-05 https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/british-parking-association/1719691-nhs-consultant-fined-for-parking-at-health-centre Fri, 05 Jun 2026 15:46:50 GMT Husband is a consultant providing outpatient appointments on behalf of NHS at a Health Centre. Previously no parking restrictions. New restrictions...
GPs were given option to rent a parking space. Visiting consultants given no such option (as they are only visiting once per week and not a tenant of the property) and told by management to park in a local supermarket/retail park car park across the road with no signage or restrictions. He was reluctant to do this as he's obviously not a customer and is staying all day, so he continued to park at the Health Centre and was issued 2 PCNs.

He has gone to his NHS managment who will try to have the fines revoked via the landowner of the Health Centre, but we haven't heard anything yet.

He has made a soft appeal to the parking company on grounds that it is his place of work and he was not provided with a valid alternative to carry out his job. They have rejected the appeal saying that the ticket was issued correctly as he overstayed the time.

I presume we should appeal to POPLA while we await the outcome from NHS management and just wanted some advice on what to include.

I have put through AI but wanted to double check as it's obviously not always reliable:

1. Frustration of Contract Performance of his NHS medical contract made compliance with the parking time limit impossible. He was actively delivering essential, unpredictable outpatient care on behalf of the NHS. The overstay was completely outside his control due to patient clinical needs.

2. Lack of Landowner Authority Demand that the parking company prove they have a valid contract with the landowner that explicitly authorises them to issue charges to NHS clinical staff on duty.

3. Inadequate SignageState that the new restrictions were not prominently displayed or brought to the attention of visiting clinicians. Argue that the signs fail the British Parking Association (BPA) Code of Practice for clear, prominent visibility at the entrance and throughout the staff areas.
(I have photos of the signs and they only mention 'patient parking')

4. Not a Genuine Pre-estimate of LossArgue that the £100 charge is punitive and extravagant, especially when applied to a healthcare professional delivering contracted NHS care at their designated place of work. The landowner (the NHS Trust or Health Centre management) contracted the parking company to deter rogue public parking, not to penalise on-duty clinical staff who are on-site strictly to deliver the core healthcare services of the building.

Regarding the argument that he was told to park elsewhere to avoid these fines:

Legitimate Expectation and Absence of Lawful Parking
"The operator may argue that the driver should have utilized an adjacent supermarket car park. However, that commercial car park is strictly designated for retail customers of that specific site. Parking an NHS clinician's vehicle there for the duration of an outpatient clinic while leaving the premises constitutes 'absconding' and a breach of that retailer's parking terms. The driver cannot be expected to breach a contract or commit a civil trespass on third-party commercial property to fulfill his NHS duties. No lawful, valid alternative parking was provided by the employer or the landowner for visiting clinical staff."

Could you please let me know if there is anything I should change or add?

Not sure if relevant but he actually parked in a 30 min drop off bay around the back of the building near staff entrance as he didn't see signs stating that there were different areas. The standard bays are 2 hours anyway, which is much shorter than he would have needed for his day of work.

Many thanks for your help



]]> British Parking Association PurplePot22 https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/british-parking-association/1719691-nhs-consultant-fined-for-parking-at-health-centre https://legalbeagles.info/forums/forum/legal-forums/wills-probate-and-bereavement/1719683-will-made-in-1970-s Fri, 05 Jun 2026 07:47:33 GMT Is there any way of finding out if an old will has been revoked, and replaced with a new will? Solicitor acting as executor asked why they were not... Solicitor acting as executor asked why they were not made aware of this old will earlier, seems they didn't know of its existence and requested a copy if available. Solicitor wrote "due to the nature of the assets held it has not been necessary to obtain a Grant of Probate to enable the administration of the estate". Whilst I realise that named beneficiaries of eg pensions and some trusts bypass probate, would this suggest that the deceased's affairs have already been settled? . Probate searches and Gazette notices have not produced any results.]]> Wills,Probate and Bereavement CYNthesys https://legalbeagles.info/forums/forum/legal-forums/wills-probate-and-bereavement/1719683-will-made-in-1970-s https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/parking-live-court-claims/1719679-smart-parking-ltd-are-taking-me-to-court Thu, 04 Jun 2026 09:17:45 GMT Hi, I am not sure if anyone can help me. Smart Parking have taking me to small claims court due to a parking fine, on the day my car had broken... I am not sure if anyone can help me.
Smart Parking have taking me to small claims court due to a parking fine, on the day my car had broken down and wasnt able to be moved. My partner and i brought a new battery, fitted and the car worked. When i received the fine, i appealed this and sent all the evidence to Smart Parking but never got a reply. I recieved the county court judgement and appealed it, i have recieved a phone call from DCL this morning stating Smart Parking will be moving forward with this claim. I explained i am happy to attend court as i was not able to move my car and we put measures in place to get the car moved asap, i have asked for evidence to state in the Terms and conditions if your car has broken down you are still liable for the parking charge. The lady explained this was not in the terms and conditions and stated when you enter the car park your agree to the terms and conditions.
I explained Smart Parking did not responded to my appeal like they said they would.
Please can i have advice on how to fight this]]> Parking - Live Court Claims Butterfly 87 https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/parking-live-court-claims/1719679-smart-parking-ltd-are-taking-me-to-court https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/1719675-smart-parking-limited-dcb-legal-ltd-claim-form Thu, 04 Jun 2026 04:50:29 GMT Hi, I'm hoping to get some help with a Claim Form I received on 19th of May. I have acknowledge it via MCOL on the 28th of May but that's all I've done so far and this is a similar case to a thread here, title " MindtheTiger vs Smart Parking".

About a month ago, surely in the month of May, I received a letter from DCB Legal LTD (representative of the claimant - SMART PARKING LIMITED) apparently for a charge of £206 for a parking fine from 30th october 2023 that was "supposedly" sent to me. None of which I recall receiving. I have only moved to Bury in August the same year and I haven't had the said car since late Feb 2024 - in situations where I might have overstayed or in this case, reason stated was - insufficient paid time, I'll usually just reluctantly pay to avoid any issues but as I said I don't remember receiving anything of sort until the first letter but if I did I would've paid but I have no record of this. I had been quite busy sorting other pending important things so I thought I'd deal with it later unfortunately I can't find the initial letter but it didn't include any pictures or concrete information or evidence showing my car at the time etc.

On 19th of May month, I received a claims form from the HM Courts and Tribunals service with claims letter about the payment. I acknowledged the letter that I'll be defending all claims. How do I defend this? please help.

Received a claim? Yes
Issue Date: 19 May 2026
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ~ £300
Claimant’s Name: SMART PARKING LIMITED
Solicitors Firm: DCB LEGAL LTD
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) : Parking charge
Particulars of Claim:

1. The Defendant (D) is indebted to the Claimant (C) for a parking charge (PC ) issued to vehicle XX1234X at X location in Bury.
2. The date of contravention is XX / 10 / 2023 and the D was issued with a PC by the Claimaint
3. The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: Insufficient Paid Time.
4. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4. AND THE CLAIMANT CLAIMS
1. ~£200 being the total of the PC and damages
2. Interest rate at a rate of 8.00% per annum pursuant to s.69 of the County Courts Act 1984 from date of hereof at a daily rate of £0.04 until judgement or sooner payment.
3. Costs and court fees ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No contact that I'm aware of
List any letters you have sent (eg: CCA/ CPR ): None yet but will be sending CPR based of recommendation on First step

Any Other Information or Background Details: I don't have the car anymore - changed it in February, I honestly don't recall this and as I mentioned above, I'll have reluctantly paid to avoid issues if I ever got a parking ticket for staying overtime even if it was only for 5mins. I can't remember I long ago but I do recollect one time where I visited this location which has around 45min free time by the way and then paid time after that. I thought I might have stayed longer and then bought ticket afterwards on my way out with the hope that if I got a ticket I can show the ticket I bought afterwards but I don't remember getting anything and I must've binned the ticket after a long time collecting dust in the car]]> Court Claims and Issues GETBACKUP https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/1719675-smart-parking-limited-dcb-legal-ltd-claim-form https://legalbeagles.info/forums/forum/legal-forums/consumer-and-civil-rights/civil-recovery-retail-loss-prevention/1719667-primark-shoplifting Wed, 03 Jun 2026 16:31:00 GMT Hi. I got caught for shoplifting about £260 pounds worth of item at primark. Police were involved but I was given a community warning which means I... Hi. I got caught for shoplifting about £260 pounds worth of item at primark. Police were involved but I was given a community warning which means I wasn’t arrested but it was on record. Primark said they’ll send me a letter with the fine stated. How much do you think it’ll be and what’s the consequence if I don’t pay. I’m a first time offender, I don’t have such money and I don’t want my family involved please. Civil Recovery - Retail Loss Prevention Entylp https://legalbeagles.info/forums/forum/legal-forums/consumer-and-civil-rights/civil-recovery-retail-loss-prevention/1719667-primark-shoplifting https://legalbeagles.info/forums/forum/legal-forums/consumer-and-civil-rights/1719666-primark-shoplifting Wed, 03 Jun 2026 16:07:10 GMT Hi. I got caught for shoplifting about £260 pounds worth of item at primark. Police were involved but I was given a community warning which means I... Hi. I got caught for shoplifting about £260 pounds worth of item at primark. Police were involved but I was given a community warning which means I wasn’t arrested but it was on record. Primark said they’ll send me a letter with the fine stated. How much do you think it’ll be and what’s the consequence if I don’t pay. I’m a first time offender, I don’t have such money and I don’t want my family involved please. Consumer and Civil Rights Entylp https://legalbeagles.info/forums/forum/legal-forums/consumer-and-civil-rights/1719666-primark-shoplifting https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/1719660-britannia-parking-pcn Wed, 03 Jun 2026 14:23:53 GMT Hi, I received the following PCN. After entering the car park I downloaded the Q park app and registered my number plate and signed up for...
After entering the car park I downloaded the Q park app and registered my number plate and signed up for automatic payments by ANPR. I think as I registered after entering I did not get charged. Parked outside cinema so once inside turned my phone off and forgot to make payment.

Received this PCN after. I have not responded at all as of yet.

Any advice would be greatly appreciated!

Trying to add attachments for the PCN letter but it says I am not authorised.

Thanks,]]> pcncollector https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/1719660-britannia-parking-pcn