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I pay for my 13 year old daughter’s bus pass to travel to and from school.
Last week when she passed the pass to get on the bus, it didn’t work and the driver refused to let her get on the bus.
I called the bus company and they said there was an error in their machine.
My daughter was upset because she was left in the snow and I was late for work because I had to take her to school. I’m furious.
What are my rights?
CS, via email.
Frozen: Reader’s 13-year-old daughter left standing in the snow after a bus ticket machine didn’t recognize her valid pass (file image)
Dean Dunham responds: The starting point is the school (whether the bus service is operated by the school itself or by a private bus company), which will have a set of rules or policy in relation to the school bus service and this will form the basis of the contract.
Almost certainly, as part of these rules or policies, students must be able to present a valid bus pass when boarding the bus, otherwise they may be denied entry.
However, there is more to consider here, as the bus service operator also owes your child a “duty of care.”
This will include ensuring the safety and well-being of children, carrying out risk assessments in relation to all elements of the bus service, checking the suitability of drivers, the condition of vehicles, putting in place appropriate safeguards and, what is Most importantly, act with discretion. when approached by a child or vulnerable person without a valid bus pass and do not leave them stranded.
In your daughter’s case, it appears that the problem was not with her bus pass but with the operating company’s equipment.
Another aggravating factor was that the driver not only denied her entry to the bus but also left her stranded in adverse weather conditions.
My view is that this action breached the contract between the company and you, so it was a clear breach of your duty of care. You should now make a formal complaint to both the bus operator and the school.
I see no reason why an apology and reasonable compensation for the distress and inconvenience cannot be asked for (the compensation will not be a large amount), but hopefully it will be some form of recognition for the distress caused and a lesson. for the operator.
The City Council has not invoiced me for the rent of the land in 45 years
I have rented a small strip of land adjacent to my garden from the city council since 1975, but I have not been invoiced for 45 years. What are my rights to the land? Do I own it?
SER, via email.
Dean Dunham responds: You could potentially claim ownership, but there is a procedure you must follow to exercise this right in which you will claim what is known as “adverse possession.”
To make a successful claim, you must prove that your possession of the land has been, in the first place, what is called “actual”, that is, that you have physically used the land as an owner would. Secondly, that the land has been “open and conspicuous”, meaning that their use of the land has been visible and obvious; In other words, the true owner is evident.
You must then prove that you have been “exclusive”, that is, that you have used the land without sharing possession with others, including the true owner.
You must demonstrate ‘hostile’; meaning you use the land without the permission of the true owner; and “continuous” – here you must have used the land continuously during the legal period, which is usually ten years if the land is unregistered and 12 years if it is registered.
The initial potential problem here is the “hostile” element, as the council granted you permission to use the land.
However, if this was withdrawn at any time in the last 45 years, or if you continued to use the land without any acknowledgment of ownership from the council and the council did not know you were doing this (which may be the case here), you could still claim adverse possession.
Of course, there is a chance that the council will not object to an adverse possession application and for this reason it is worth making the application.
If the council challenges your application, it will be on the basis that you still own the land, as there has been no formal transfer of ownership. To make an application for adverse possession you must contact the Property Registry.
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