https://legalbeagles.info/forums/ Court, Employment, Family, Wills & Probate, Motoring, Reclaiming PPI etc.]]> en Tue, 09 Jun 2026 06:39:37 GMT vBulletin 60 images/themes/legalbeagles/misc/rss.png https://legalbeagles.info/forums/ https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/1719741-appeal-against-fines-mitigation-for-remaining-registered-keeper-of-a-sold-vehicle Mon, 08 Jun 2026 13:09:50 GMT I’ve appealed against two traffic offences (unpaid ULEZ, parking in a taxi rank) committed within Birmingham City Council’s (BCC) jurisdiction. The...
Both BCC and now Traffic Penalty Tribunal (TPT) have rejected my appeals against these. I understood when making my appeals that I was the registered keeper, which rendered me liable for the offences committed in it by the new driver. That I was the registered keeper was not contested in my appeals.

My appeal rested on mitigating factors that explain the car remaining registered to me after I had sold it. Neither BCC nor TPT took any of them into account when explaining their reasons to reject the appeals.

Here, as I explained to them in mitigation, is why I was still the registered keeper after selling it:

Background: The car was stolen from outside my house and then recovered by the police. Their insurance assessors then classified it not economically viable to repair and marked it a Category N vehicle. I opted for them to return it to me so that I could sell it for scrap.

Other items had been stolen from it: my daughter’s toys, a wallet, the glove compartment had been emptied and documents in it violated, including the V5C, of which remained only its front sheet - the form to complete the transfer of ownership was discarded with other items.

I advertised it on a scrap merchant comparison website, a man called, we agreed a price and he duly came and towed it away to scrap – or so I thought.

The buyer reassured me about not having the transfer of ownership form; explaining that it’s not required when disposing of a vehicle, that his company knew the process well and would complete it.

There was no key to the car, the steering was locked and the windows left open since the police recovered it.

I called DVLA for advice about the transfer of ownership. They told me to write and notify them. They explained that they have a backlog of mail and that it could take 4-6 weeks to receive and process. I wrote this at once and sent it by first class post. I phoned them after four weeks and they hadn’t received it. This was in December, so I sent another letter to the same effect, also by first class post. In the new year, I called them again and they could not acknowledge receipt of either of my letters. In the meantime, I had received fines for driving offences committed in my old car.

In my appeals, I showed documentary evidence of screenshots: of SmS messages between me and the buyer in which we agreed a price, and the bank transaction in which he then paid me that amount. Also, subsequent messages from me to him when I started receiving fines.

While waiting for DVLA to process my letter/s, I reported the transgression and deceit of the buyer to the police, with all the personal details for him that I had: his given name, mobile phone number, bank account and sort code numbers. He could have been traced with these, but they only wanted to give me an incident reference and not record a crime.

Given that the fines were for traffic offences, and that I gave evidence of having sold the car, with the reasons for not having completed the transfer of ownership, I think that BCC and TFT have applied the letter of the law and not one whiff of its spirit. Their rejection notices refer only to the fact that I was still the registered keeper: missing the point of my appeal entirely.

I had other fines, too. Leeds city council and a private parking company both exonerated me from paying the ones they’d imposed on me upon reading my appeals against them. I think BCC should have done the same, and that TPT are even worse for upholding BCC’s position ie for not reading my appeal properly.

Any advice or insights would be very welcome. Many thanks.
]]> Motoring and Parking iolanthe https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/1719741-appeal-against-fines-mitigation-for-remaining-registered-keeper-of-a-sold-vehicle https://legalbeagles.info/forums/forum/legal-forums/housing-property-and-neighbours/1719715-advice-about-freehold-when-it-comes-to-sale-of-a-property Mon, 08 Jun 2026 09:41:15 GMT My sister and I jointly own a flat - it was leasehold when first bought. A few years ago, the option was available to buy the freehold and she...
A few years ago, the option was available to buy the freehold and she paid £2000 for this. I did not contribute at the time as I didn't have the spare money.

We are now selling the flat and my sister is saying the first £2000 of the sale amount should go to her before the rest is divided.

Please can anyone advise whether this is accepted practice. She forgot she owned the freehold until recently and we are close to exchanging contracts with the buyer. ]]> Housing, Property and Neighbours Binuchander https://legalbeagles.info/forums/forum/legal-forums/housing-property-and-neighbours/1719715-advice-about-freehold-when-it-comes-to-sale-of-a-property https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/1719709-pcn-issued-19-days-after-offencd Sun, 07 Jun 2026 13:20:04 GMT Hi, I parked in an APCOA private parking space on 13 May. On 5th June I received a PCN dated 1st June. Am I right in thinking it is invalid...
I parked in an APCOA private parking space on 13 May. On 5th June I received a PCN dated 1st June.

Am I right in thinking it is invalid because it should have been issued no more than 14 days following the offence? In this case it was 19 days.

Also, I did actually buy an online ticket, but arrived early and left later than planned, and there was no physical way of paying the extra, and the online site said I couldn’t amend a booking that was in the past.

As this seems unreasonable an designed to catch people out, is this further grounds to invalidate the PCN.

Any help gratefully welcomed.

Thanks]]> gnaughton https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/1719709-pcn-issued-19-days-after-offencd https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/1719704-notice-of-debt-recover-letter-2-years-and-7-months-ago-first-letter Sun, 07 Jun 2026 09:16:19 GMT Hello, NOTICE OF DEBT RECOVER LETTER - Unpaid parking charge. 2 years and 7 months since offence occurred on 17/11/2023 and first letter received... NOTICE OF DEBT RECOVER LETTER - Unpaid parking charge.
2 years and 7 months since offence occurred on 17/11/2023 and first letter received just the other day asking for £170
2 hours free parking at supermarket, stayed about 2hours 20 minutes.
I asked Euro car parks if i could pay the original amount. They said no. Is there anything i can do about this?]]> onamatappear https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/1719704-notice-of-debt-recover-letter-2-years-and-7-months-ago-first-letter 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/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