Legal Misunderstandings On HI-FI Fora .

[Daniel Quinn]

I thought I would start a thread on H/S which dispels legal inaccuracies found on HIFI fora , this of course being in keeping with H/S altruistic public service remit

today's misunderstanding come from Macca over on AOS -

Originally Posted by icehockeyboy View Post
I was under the impression that once it was on their land, that was it, you can't have it, even if the person that had taken it there says you can.

Might be wrong though....


Macca - Can't see how that would work. If that was the case then the car you drove to the tip and everything in it would automatically become their property too.
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Once abandoned by the owner [ meaning no longer wanted and rescinded all property rights ] then you can legally take ownership . The issue will be one of if the item is in fact abandoned and this is why lost or mistakenly discarded property cannot be claimed . It is also the law which allows tabloid journalists to legally go through bins .

it was not abandoned is usually enough to retain ownership unless signficant time or signficiant distance are involved .

having to trespass to claim allegedly abandoned property can undermine a claim that it is abandoned, although electrical items in a skip would appear reasonably abandoned .

thats all -for now - folks

[Macca]

The misuderstanding appears to be yours, DQ.

Craig was suggesting that it may be illegal to take an item of equipment from another customer at the tip prior to them actually skipping it.

So if you turned up at the dump and spyed a chap unloading, say, an Audionote Ongaku, and you went over to him and said 'look rather than you skipping that how about giving it to me' he would not be able to because as soon as he arrived on the Council's property the Ongaku and anything else he was intending to skip would already be considered 'abandoned' and therefore the property of the Council. Whereas my argument was that this is clearly incorrect and the item is only considered to be abandoned once actually placed in the skip.

Prior to the act of actually placing it in the skip I would suggest that it is perfectly fine for it to be given away, or sold, to anyone else present there at the time.

Hope this clarifies.

[Daniel Quinn]

Apologies I should have said that todays misunderstanding comes courtesay of Macca and icehockey boy . I was explaining the issue that had arisen not apportioning blame

trust that clarifies .

[Macca]

It does.

[Daniel Quinn]

Rasher on pfm is concerned that the general election as not yet kicked off
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I am very surprised that with only two months to go almost to the day, very little has happened generally in terms of the campaigns hotting up. Over the next week or two something is certain to ignite this.

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He need not be surprised the time and duration of general election campaigns is governed by the law , which outlines a timetable , this compliments media rules and spending rules .

The Electoral Registration And Administration Act 2011 increased the period of the campaign from 17days to 25 days . Thus parliament will dissolve on March 31st and the frenzy will begin shortly thereafter.

thus if you want to miss it , you will need a 25 day holiday

[Daniel Quinn]

It is our friend rasher who posts in vain on PFM .
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Any lawyers with the answer to this?

In Brighton we have a very right-wing officious Green council that have made parking here pretty impossible, but their latest stunt is to abolish parking meters completely and make their PayByPhone app scheme the only option (for which they add an additional handling fee), other than phoning the switchboard to do it by voice. This means that you can't park on the street unless you have a mobile phone.

Is this discrimination / condition even legal?
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It is likely these parking areas are deemed civil offences not criminal and managed under local authority law . Thus as it is civil offence the question of whether it is legal or discriminatory does not have a definitive answer unless or until tested in court .

Recognizing this fact I understand Brighton are to leave 50% of the meters in place . Thus choice will be available .

If you parked and were unable to pay for want of a phone , it would be interesting to see what would happen if you left a note and a cheque for the parking fee under your windscreen .

So the answer is they are legal , however as to whether a fine for none payment of a parking fee on a telephone only payment system is enforceable in law , will be a question for a judge upon the specific facts and circumstances of any case which came before a court . As to whether that decision would set a precedent is anybody business . If unfavorable to the council it would no doubt end up in the court of appeal .

Disabled people will be exempt in any event thus a major plank of any discriminatory argument is out the window .

Additionally a definitive answer would require detailed consideration of the specific wording of the relevant legislation and alas I aint doing that .

[Macca]

it is a long time since I last rented maybe you can answer me this DQ:

I'm looking to rent a house but I don't want it for 6 months, probabaly only for 3. Presumably I will have to sign a 6 month assured tenancy agreement but where do I stand when I move out after 3 months and cancel the standing order? Is it a fait accompli or can they sue me for the rent for the remainder of the term?

[Daniel Quinn]

Unless there is a specific clause in the agreement that allows you to end it early both parties are bound by the term , subject to compliance with the terms by both parties

there is nothing stopping you agreeing a 3 month agreement . short-hold can be from 3 months to 2 years .

[Macca]

Thaks for confirming that. Only problem is I suspect they will not be keen to do a 3 month let.

[Dr Bunsen Honeydew]

Put stuff in storage and negotiate a decent rate with a local B & B for 3 months.