Tv licence agent threatening behaviour

kwaks

WhiteHorse wrote: »

Technically, this is true, but an unreliable defence. The courts assumption would be that you were using it illegally.

Whitehorse is correct.

TVL impart the information that you require a licence to watch live broadcasts. This is their interpretation of the law as it stands and what most people believe is the "state of play".

However, its not that cut and dried. Prosecution is done through the communications act, which requires you to have a licence for equiptment installed which can receive a live broadcast. Not having an aerial plugged in is not a defence, as installed can simply mean plugged in. The only way to be 100% sure of complience and not being convicted is if the tuner is disabled. No viewing required, the potential to view is enough.

TVL tend to stick to their guidlines with regards the need for the licence, however anyone in front of the court needs to know the difference, the court WILL convict on the law, regardless of how TVL interpret it.

Freddie_Snowbits

lucylucky wrote: »

Just because TVL have visited the property previously that is no indication that the OP either has or needs a licence.

Perhaps OP should invite them over for tea and biscuits? Tis OP that has the issue over this and not most people I know.

Gers

WhiteHorse wrote: »

Technically, this is true, but an unreliable defence. The courts assumption would be that you were using it illegally.

Courts aren't there to 'assume' guilt - they are there to hear evidence from prosecutor and defender and then make a judgement based on that evidence against the law - not assume.

A neighbour is murdered, I live next door and the judge 'assumes' that I did it????

Even having an arial plugged in is no reason to have a TV licence - watching live broadcasts without a licence is an offence.

One of the websites I listed likens it to owning fishing tackle does not assume that you are are actually fishing without a licence. Don't want to inflict my usual fishing tale on you all again but it works.


A couple went on vacation to a fishing resort up north. The husband liked to fish at the crack of dawn; the wife preferred to read.

One morning the husband returned after several hours of fishing and decided to take a short nap. The wife decided to take the boat out. She was not familiar with the lake so she rowed out, anchored the boat, and started reading her book.

Along comes the Game Warden in his boat, pulls up alongside and says, “Good morning, Ma’am. What are you doing?”

“Reading my book,” she replies as she thinks to herself,
“Is this guy blind or what?”

“You’re in a restricted fishing area,” he informs her.

“But, Officer, I’m not fishing. Can’t you see that?”

“But you have all this equipment, Ma’am. I’ll have to take you in and write you up.”

“If you do that I will charge you with rape,” snaps the irate woman.

“I didn’t even touch you,” moans the warden.

“Yes, that’s true… but you have all the equipment …”

kwaks

No Gers, watching a live broadcast is not the requirement in law for prosecution.

Having the equiptment installed is all that is required (communications act).

The info given by TVL etc is a misinterpretation of the act, courts tend to follow the law, not what others think of it.

Gers

kwaks wrote: »

No Gers, watching a live broadcast is not the requirement in law for prosecution.

Having the equiptment installed is all that is required (communications act).

The info given by TVL etc is a misinterpretation of the act, courts tend to follow the law, not what others think of it.

Interesting point!

According to Act of Parliament, a TV licence must be obtained for any device that is "installed or used" for "receiving a television programme at the same time (or virtually the same time) as it is received by members of the public". (Communications Act 2003, Section 363(1))

According to TV Licensing, "You need a TV Licence to use any television receiving equipment such as a TV set, digital box, DVD or video recorder, PC, laptop or mobile phone to watch or record television programmes as they're being shown on TV". Portable televisions and similar equipment such as laptops and mobile phones powered by internal batteries are covered for use anywhere under a licence held for their owner's residence. (TV Licensing)

The BBC have stated that a licence is not needed simply because a television receiver is owned

Added in edit: From a FOI response from BBC

Section 363 of the Communications Act 2003 makes it a criminal offence to install or use a television receiver, for the purpose of receiving television programme services, without a valid licence.

Not sure if this muddies or clears the water! http://www.televisionlicence.info/downloads/foi/RFI20091060.pdf

STILL no requirement to let any TV Licence salesmen over your doorstep

katiewil

i would suggest that the issue of whether OP has a licence is irelevant here. the issue is why the tv licence spy was allowed to use threatening behaviour etc. and the answer is no he isnt.

DCFC79

katiewil wrote: »

i would suggest that the issue of whether OP has a licence is irelevant here. the issue is why the tv licence spy was allowed to use threatening behaviour etc. and the answer is no he isnt.

no he isnt but we only have the ops word

frivolous_fay

Dealmad wrote: »

I got a call of a neighbour to state someone is trespassing on my property , i quickly went to my cctv where i see this man placing his arm over a locked gate and opening it

I would get a new lock.

cyberbob

lucylucky wrote: »

Just because TVL have visited the property previously that is no indication that the OP either has or needs a licence.

No but it shows there is an issue that needs sorting. Only a muppet would totally ignore that there is something going on.

katiewil wrote: »

i would suggest that the issue of whether OP has a licence is irelevant here. the issue is why the tv licence spy was allowed to use threatening behaviour etc. and the answer is no he isnt.

It's not irrelevant because there is obviously some sort of issue (whether the OP needs a license or not) unless that issue is sorted there will be more visits

drc

On the licence itself it says;

• Our officers may visit the licensed place to verify our records and inspect the TV equipment at any time, but you do not have to let them into your home.

Also take a look at this;

http://www.tvlicensing.biz/

Most of the TV licencing people are just out of work bouncers and thugs who have been employed to bully the vulnerable. They often bully and lie in order to intimidate people into buying a licence even if they don't actually need one.