TV licence court summons

captain_planet

Hi everyone, I urgently need your help!
I have a court summons for TV licence evasion. To cut a long story short I moved into a shared house, my bills include TV licence. I was unaware that the TV licence would only cover the communal areas, if I get a reception in my room I need a licence. I also had a licence form my old house valid till September 2008, but this is in my girlfriends’ name (she does not require a licence)
I got a very nasty visit form an inspector, it started off very friendly and I gave my name and told him I had a TV (assuming I was covered) He told me I wasn't, entered my house without my permission and refused to leave when I instructed him three times to do so.
I bought the TV a month before he came round (to play xbox games in HD!), there is no TV socket in my room, a week before he came round I bought a portable aerial and picked up a small number of channels with a very poor signal. After the visit I removed the aerial and have no way of picking up broadcast in my room. I thought it was pointless to pay £140 for two channels so elected not to buy their service (I am under no obligation to buy)
I am being taken to court for using a TV for a month without licence (I only used it for a week before the inspector came, not knowing I was not covered).
I refused to sign the notes the inspector made who claims I said I had been using TV for a month, (I said I had owned the TV for a month).
I have witnesses who can confirm when I bought the aerial, that I removed it and even a witness to the visit itself and all it's nastyness. I am quite confident I have a solid case.
What I need to know is do TV licence give a standard grace period, i.e. if you buy a TV and use it you have a month or so before they can take action. Surely you can't get done for using it for just a week?? I am thinking it may be one month which is why I am being accused of using it for one month and a day.
Does anyone know of a grace period? I can't find anything on the internet.

PS a week's TV licence comes to £2.68
PPS sorry for the long post!

Tozer

Sorry but I don't think it matters how short a period of time you were unlicensed for.

I would explore whether the licence applicable to the property applied to you. I can't see why you would need separate licences unless you are not deemed as one household. Is it a property of multiple occupancy?

meester

captain_planet wrote: »

Hi everyone, I urgently need your help!
I have a court summons for TV licence evasion. To cut a long story short I moved into a shared house, my bills include TV licence. I was unaware that the TV licence would only cover the communal areas, if I get a reception in my room I need a licence. I also had a licence form my old house valid till September 2008, but this is in my girlfriends’ name (she does not require a licence)
I got a very nasty visit form an inspector, it started off very friendly and I gave my name and told him I had a TV (assuming I was covered) He told me I wasn't, entered my house without my permission and refused to leave when I instructed him three times to do so.

Shouldn't have let him in.

I bought the TV a month before he came round (to play xbox games in HD!), there is no TV socket in my room, a week before he came round I bought a portable aerial and picked up a small number of channels with a very poor signal. After the visit I removed the aerial and have no way of picking up broadcast in my room. I thought it was pointless to pay £140 for two channels so elected not to buy their service (I am under no obligation to buy)
I am being taken to court for using a TV for a month without licence (I only used it for a week before the inspector came, not knowing I was not covered).
I refused to sign the notes the inspector made who claims I said I had been using TV for a month, (I said I had owned the TV for a month).
I have witnesses who can confirm when I bought the aerial, that I removed it and even a witness to the visit itself and all it's nastyness. I am quite confident I have a solid case.

Magistrates are unlikely to be interested. Rubber stamp.

What I need to know is do TV licence give a standard grace period, i.e. if you buy a TV and use it you have a month or so before they can take action. Surely you can't get done for using it for just a week?? I am thinking it may be one month which is why I am being accused of using it for one month and a day.
Does anyone know of a grace period? I can't find anything on the internet.

Yes, you have been extremely foolish. The inspector came, you got caught, you should have either bought a licence or transferred the old one THAT SAME DAY!

Legally speaking there's grace period, but essentially the inspectors are salesmen, they come round, get you to admit to having a TV, and then they expect you to BUY A LICENCE. If you don't do that, more fool you, you're going to court.

I cannot understand with the very obvious threat of prosecution over your head you did not act straight away.

With regards to the fact you are in a HMO (house of multiple occupancy), if there is one tenancy agreement for all residents, or a rent-a-room, then there's only one licence. But if you have your own tenancy agreement you need your own licence. Clarify this.

If you require a licence, first thing is BUY A BLOODY LICENCE!!!!!!!!!! I can't believe you are about to get a criminal record and you still haven't bought a licence.

Beg, borrow or steal the £180 and BUY THE LICENCE.

Once that's done, contact TV Licensing straight away and ask to settle the case without going to court. Perhaps they will drop the case if YOU HAVE A LICENCE.

JohalaReewi

If you didn't sign anything, what evidence do the TVL have that you were watching TV without a licence?

You don't need to have a TV licence to own a TV so the TVL agent wasn't being honest when he said you did. You have to be caught (or admit to) actually watching it. Also you don't need a TV licence to play xbox games.

I guess on the summons, there is space for your defence statement (it's been a number of years since I saw one of these). You could say in your defence that you owned a TV for a month but used it to play xbox games for which a TV licence is not required. However, you have kind of admitted on here that you did watch it.

If you do nothing, you will be found guilty so either put up a fight (and get some legal help - TVL will have theirs), or pay up before you get a CCJ against you on your credit record.

(Text removed by MSE Forum Team)

meester

I'm pretty sure it's a bad idea to try and defend these sort of cases. Magistrates are not interested and you'll lose and make it worse. Settle, settle, settle, before it goes to court. At whatever cost.

Schwade

You have two choices:

1. just pay for the licence straight, go to court and explain the situation. Magistrate should let you go since you already paid the licence now.

2. defend it explaining the situation. You have witnesses.

I disagree with meester - I would never settle. The only "settlement" would be 1 above (and that is if you are planning to watch live TV).

JohalaReewi gives a good link - ask the people in that forum.

Tozer

meester wrote: »

I'm pretty sure it's a bad idea to try and defend these sort of cases. Magistrates are not interested and you'll lose and make it worse. Settle, settle, settle, before it goes to court. At whatever cost.

Totally agree. And as for the advice of your word against theirs (especially when you are in the wrong!) don't do it. You certainly don't want a perjury charge as well.

Schwade

meester wrote: »

I'm pretty sure it's a bad idea to try and defend these sort of cases. Magistrates are not interested and you'll lose and make it worse. Settle, settle, settle, before it goes to court. At whatever cost.

At whatever cost??? Come on, legally he was liable for £2.68 only.

Schwade

Tozer wrote: »

Totally agree. And as for the advice of your word against theirs (especially when you are in the wrong!) don't do it. You certainly don't want a perjury charge as well.

What kind of advice is this??? Perjury charge?? He isn't even lying. Come on.

Schwade

meester wrote: »

If you require a licence, first thing is BUY A BLOODY LICENCE!!!!!!!!!! I can't believe you are about to get a criminal record and you still haven't bought a licence.

What the heck????? criminal record????

captain_planet

meester wrote: »

I'm pretty sure it's a bad idea to try and defend these sort of cases. Magistrates are not interested and you'll lose and make it worse. Settle, settle, settle, before it goes to court. At whatever cost.

Thanks for your comments, in response to meester, I was given no option to settle, just a court summons to which I can plea guilty, meaning I get the bad effects from this, or I can plea not guitly and based on the 4 witness statements I have and the statement I have written, and the fact I did not sign the notes I'm hoping they will decide not to pursue it. As soon as I got the summons I called them to explain the situation, I would have paid the licence to avoid court but I was not given this option as they said it was too late and had already gone to court.

As for you other points "Shouldn't have let him in" - I didn't he walked in when I stepped back to read the notes he asked me to sign. I asked him to leave three times, he did not (I have a witness to this)

The reason I did not buy one there and then is because I removed the aerial and elected not to use the service. After this I expected to hear from them demanding payment etc, to this I would have agreed to pay for the time i used it or paid a settlement to avoid court.

Is there a way they can withdraw the case before it goes to court, if I send them all my witness statements and offer to pay for a licence?