TV licence court summons

Optimist

There is currently a petition to abolish the TV licence

http://petitions.number10.gov.uk/FairpayTV/

Voyager2002

JohalaReewi wrote: »

I suggest that OP buys a TV licence and files a defence to the court.

The OP can say in his defence that the TVL agent was not invited in (he walked in uninvited); was asked to leave several times and did not; There are witnesses; The OP was told by landlord that there was a TV licence covering the house but since the agent's visit, he has contacted TVL and found out it may not and so has purchased a TV licence to be safe; that TVL have never contacted him before issuing the summons and despite buying a TV licence, TVL have refused to come to an out of court agreement and just want the case to go to court regardless.

For a court case to suceed, there should have been some attempt by the parties involved to come to an agreement beforehand. This hasn't happened even though the OP has tried to do this, and judges are not keen on those who 'waste thier time'.

I am not a lawyer by the way so you should get some legal advice quickly. The Citizen's Advice Bureau is a good place to go for a free consultation. It looks like TVL are going to push this all the way so you need to prepare your defence so you don't get a black mark on your record.

WRONG!!

Your comment about the court expecting the parties to attempt reach agreement out of court applies to civil matters, but unfortunately this is a criminal matter and will be heard in a different kind of court. The other points you mention might constitute mitigating circumstances (if he pleads guilty they might be reasons for the magistrate to impose a lighter punishment than would be usual) but are not a defence. The inspector's failure to leave when asked would not be considered at all by a UK court.

sad_dog_lady

ok, so i honestly do not watch tv, we have one connected to the xbox 360 for games and dvd's no areal connection, although we could, we have a sky plus box ( free to a good home) and a dvd recorder / player / free view but we dont use it, i just want to keep it for playing dvd's that dont work on the xbox. so i am honestly not using the tv for signal. i will not let them in unless i have another person here as an independant witness. but also as my religion prevents me having men visit whilst my husband is out at work, but i am astonished that they seem to have such power, only customs and excise have greater power surely. its not about the money, its just that tv is a waste of time and my kids are so much better and more productive now, i'd never go back.

moonrakerz

Optimist wrote: »

It all comes under RIPA basically anybody and their dog can spy on you nowadays quite legally...

Detector vans still cannot ! (if they actually exist) See RIPA Chapter 1 (Communications), Part 1 (Interception: Unlawful & authorised interception)

Another reason that their evidence is not permissable in Court is because TV Licensing will not release details of their construction and operation. (if they actually exist).
All the details of speed cameras etc used by the police are in the public domain and can be (and are) challenged in Court.

Again, TV Licensing seem to think they can get away with threatening people with powers and tecnology;
a. They do not have.
b. Are unlawful

The overwhelming majority of Court convictions for no TV Licence are either from "guilty" pleas, or the "Officer" (Self applied title by TV Licensing) getting the offender to admit in writing at the time of the alleged offence and producing this in Court.

Optimist

moonrakerz wrote: »

Detector vans still cannot ! (if they actually exist) See RIPA Chapter 1 (Communications), Part 1 (Interception: Unlawful & authorised interception)

Another reason that their evidence is not permissable in Court is because TV Licensing will not release details of their construction and operation. (if they actually exist).
All the details of speed cameras etc used by the police are in the public domain and can be (and are) challenged in Court.

Again, TV Licensing seem to think they can get away with threatening people with powers and tecnology;
a. They do not have.
b. Are unlawful

The overwhelming majority of Court convictions for no TV Licence are either from "guilty" pleas, or the "Officer" (Self applied title by TV Licensing) getting the offender to admit in writing at the time of the alleged offence and producing this in Court.

I refer you to the The Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001

geordie_joe

moonrakerz wrote: »

Detector vans still cannot ! (if they actually exist)

Why would anyone spend money on such equipment when all they have to do is get a list of address without a license, knock on the doors and assume they have a TV and are watching it. Then say our detector van detected you.

I think there was a clue in their last advert "It's all in the database"

Scousebird_2

Schwade wrote: »

No one here is discussing the merits of a TV licence.

Just wanted to balance the discussion-I felt a bit sorry for the BBC for a moment, and for everyone else who pays a TV licence obediently.

Now if we'd of been talking Tax-now that's a different story. But even then I see it's place in the world-even though I don't like it. This thread is discussing TV licences and people's dislikes of such. Just don't have a TV and then there's no issue is all i'm thinking, just like tax-if you don't want to pay it then become a non resident!

Sorry to be blunt, I mean no offence I just find anti-TV licence issues a bit trivial considering we have far more serious problems in the UK. But that's not to critisise people's entitlement to an opinion. I think it is brave to stand up for what you believe in, the fact that I disagree is human nature.

moonrakerz

geordie_joe wrote: »

Why would anyone spend money on such equipment when all they have to do is get a list of address without a license, knock on the doors and assume they have a TV and are watching it. Then say our detector van detected you.

I think there was a clue in their last advert "It's all in the database"

That was the Gestapo's method I believe !

melancholly

moonrakerz wrote: »

That was the Gestapo's method I believe !

i herby invoke godwin's law to end the arguement

moonrakerz

Optimist wrote: »

I refer you to the The Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001

Yes.

This is no different to the requirements to tap telephones, in that approval must be given by a senior official and that it can only be approved if there is sufficient evidence to warrant it's approval.
A "blanket approval" cannot be granted.
If there was sufficient evidence to grant it's use under RIPA there would be sufficient evidence to prosecute without the use of RIPA !

Television "detector van" evidence has never been offered in Court, because TV Licensing are fully aware that it is not admissible.