Tv licence summons,i want to plead not guily

inconfidence

So heres the story, I have just picked up a second hand freeview box and had it for a few days and was going get a tv licence (TVL) up and running this week because ive been really busy at work (honestly!!) so before you tell me, yes i know! weeks, days, minutes, seconds spent watching live tv without a TVL is illegal. Anyway that was just to lay down the foundations of my sound and responsible self. So the real story is that just today I receive a Summons to the local Magistrates. And what you need to know to inform this is what happened in August 2009, a visit from the TV Licence Investigator (henceforth known as TVLI). Now I made the immediate mistake of engaging in conversation with the guy on my doorstep (he didnt enter the flat, he didnt ask to), BAD MOVE. Anyway he was incredibly low-key, no doubt to try and encourage the giving of information that would get him his commission. He said what sounded like a caution, i cant really remember properly. Anyway the gist of it was that I was under the assumption that I was merely supplying information for TVL for their records, I stated that I did have a TV (as was true) and that I didnt have a licence (also true) but that I wasnt using it for live broadcast (also true, just dvds/videos/games). In the copy of the Record of Interview that came with the summons, there are several questions with answers i didnt give;

Channels Tested - (answered by the TVLI) No, but admitted to BBC, ITV (and some other barely legible writing)
I DIDNT GIVE THIS ANSWER

When did you last use the set to watch TV programmes - Yesterday
I DIDNT GIVE THIS ANSWER

How long have you lived here - Since yesterdayI DIDNT GIVE THIS ANSWER
Now I admit i panicked a bit (im one of those people who feels guilty very easily) and had multiple things running through my mind to try and clear any potential wrongdoing, so i said i recently just moved in and that we hadnt sorted a licence yet, but that I would once we sort out arrangements for watching live TV, in truth ive been here over 4 years and just got my first digibox. I had nothing to hide but I unnecessarily over complicated things due to my bungling attempts of a (totally unrequired) cover-up

Anyway I was asked to sign the interview sheet (BIGGEST MISTAKE) but sort of felt fine that TVL know knew my situation and that the next move would be mine, there was no suggestion that I should get a licence from the guy

Anyway after stewing on it for a bit, and doing some research, I begun to have this nagging doubt that I had signed something that I shouldn't have and that i had 'admitted' something that actually wasn't the case. So i wrote a letter to TVL about 3 days after the visit stating that I was concerned that I had misinformed the TVLI of my current status and that please could they confirm that their records stated that I wasnt illegally watching TV. I should have chased this up I know, but I didnt hear anything for 4 months so thought it was all ok. and then this, just as I was about to go legit as well!

Anyway, should I plead NOT GUILTY on the grounds that

• The Record of Interview form has information on it that i didnt give
• I didnt get a copy of the form back in August, which I believe i should have been given
  
• He didnt recommend/suggest/demand i get a TV licence
• Most pertinently, I wasn't illegally watching TV then and their evidence is based on one shoddily carried out interview
• BUT i dont have a copy of the letter i sent to TVL but could probably rework one to the same effect, or is that fabricating evidence (i think so!)

• Also would my fine be more if I plead NOT GUILTY?
• Whats the deal with a criminal record and how is this offence judged by employers?
• Im on a low income so will that be reflected in the total fine?
• And how are magistrates with paying in installments in such cases

Basically I want the route of least ansgt, and of course a successful not guilty route would be the best, but I just suspect that in a straight case of my word against the TVLI then I would lose and I stand to be charged a bigger fine

I want to fight my corner but In doing so stand to lose out more

Maybe plead guilty, let all my grievances and financial situation be known and hope for some leniancy. (all the time ignoring the fact that for a few days i have actually been up to no good, but no one needs to know)

Any advice gladly received

inconfidence

The interview form is dated a certain date in august (forgive me but you never know who is reading this forum, TVL moles for example), lets say for arguments sake its 28/08/2009

My "answer" to when did you last use the set for watching TV programmes here is yesterday (for those who havent read the last post, i didnt actually answer some of the questions with the answers that are quoted on the interview record)

my summons offence is;
On ??/??/???? used a colour television receiver without a licence

(in this case its the same date as the date on the form, so for arguments sake again 28/08/2009)


So if i said i last used it yesterday, therefore the day before the date of the interview report (and therefore the day before the date of the alleged offence), well they have no signed proof of from me that i used a tv on the date of the offence

So assuming i plead not guilty, they will have to put on a trial at a later date. Now according to the The magistrates’ Courts’ Act 1980, the TV Licence authority have 6 months (from the date of visiting your home and interviewing you) to tell the magistrates’ clerk they want a summons issuing. If they are too late its just too bad; they cannot prosecute you.


comments please on this course of action

mjm3346

Do you have a valid TV licence now? The summons has been issued within 6 months, that does not mean the trial has to take place within 6 months.

maninthestreet

OP, if you what say is true, the TVLI will be committing perjury if he presents that evidence to court.

dmg24

How soon after the date did you get a TV Licence? Do you have proof that you had only just got a digibox? Neither of these points will prove that you are not guilty, but would point towards you receiving a lesser penalty.

glider3560

Were you cautioned before the interview took place? A caution can be any deviation of these words "you do not have to anything but it may harm your defence if you do not mention when questioned something which you later rely on in court, anything you do say may be given in evidence".

Did he ask you to sign the interview record?

If you don't have a TV or licence, the best way of dealing with TV Licensing if they visit is "Hello, goodbye". Don't let them in or answer any questions, even if you don't have a TV (unless they have a search warrant, of course).

fluffnutter

Leaving aside for the moment the issue of there being recorded answers that you didn't give, which is obviously a concern, can I clarify a couple of points?

Your first paragraph implies that you recently picked up a freeview box. You don't state when exactly but you do mention 'a few days' which I take to mean a few days before you subsequently received the court summons (the day of writing, i.e. yesterday I assume).

When I read that together with your description of the TLVI visit, it does lend weight to the argument that you have been using your TV only in non-broadcast mode, e.g. games, DVDs.

However, when you describe your panicked answer about how long you'd lived in your flat, you mention you'd been there four years and had just got your first digibox. This visit was in August 2009. In contrast to the above, then, I start to assume that your intention to watch live TV actually started in August 2009, i.e. five months ago.

It may just be that the details need clarifying or that I'm not reading your post correctly, but I think you may need to separate a couple of issues here: you have reasonably had since August 2009 to buy a TV licence had you been watching live TV in this period. You also have some concerns about the record of the visit. What you shouldn't do (morally or legally) is use the second argument to let you off the hook regarding the first. I think you need to pursue the fallacious statements in the record of the TVLI visit but I doubt that court is the right place to do this (suggest you take this up with the TV Licensing Agency). I also think you need to buy a licence, if you haven't already done so. Good luck.

Torby

I reckon if you've had the TV for a while....watched it even for games (it still has a built in tuner) and not purchased a licence.....or even purchased a licence after the door step visit....you may find you haven't a leg to stand on....regardless of any doorstep interview or whatever you want to call it....if you have a tv and no licence....AND you do nothing about it....AND apparently ignore any other correspondence which probably came before a summons (they dont go straight to court) you're snookered.....but I look forward to hearing more about this case...



as regards the "interviewer" telling lies.....bear in mind....you will be seen as the "criminal" as you have a TV and no licence....remember this is in the "eyes of the court"....so a bad time to proclaim your innocence by calling an enforcement officer a liar.

Ivory_Tinkler

Don't you normally get a few letters giving you the opportunity to purchase a TV licence before an investigator is sent round? What happened to these letters OP? They come directly from the TV licencing people and they ask you to either get a licence or return their enclosed form to state that you don't have a TV. If you don't return the letter or they are not satisfied with the response, they then send an investigator.

glider3560

Torby wrote: »

I reckon if you've had the TV for a while....watched it even for games (it still has a built in tuner) and not purchased a licence

You don't need a licence if you only play games or watch DVDs, even if the TV has a tuner.

glider3560

Ivory_Tinkler wrote: »

Don't you normally get a few letters giving you the opportunity to purchase a TV licence before an investigator is sent round? What happened to these letters OP? They come directly from the TV licencing people and they ask you to either get a licence or return their enclosed form to state that you don't have a TV. If you don't return the letter or they are not satisfied with the response, they then send an investigator.

This person ( http://www.bbctvlicence.com/ ) has been receiving letters from over 3 years without any visits!