TV Licencing court warnings/hearing - please help

majali_2

Hi everyone,

I wonder if someone can help please, I received an “Arrest warning” letter in Nov 2010 from Central Enforcement Dept, Gwent Magistrates Court for a £240 allegedly owed & to arrange payment in full or to attend court

I called them to find out what was this regarding and I was told this was not having a TV licence in December 2006, I told them I have always had a TV licence and back in Dec 06, I was living in a property with my uncle where TV licence was under his name (I can prove it with TV Licence number & letter from TV Licencing Authority showing payment for the time period) and the fact that I have never heard about this before to which they said they had been sending letters to my previous address, God knows how they managed to sent me the “Arrest Warning” letter to my current address to which they said I have to put it in writing which I did, explaining everything above.

I then received “Further Steps Notice” letter in Feb 2011 from Wales Enforcement Office, Her Majesty’s Courts Service to make full payment within 10 days or my case would be referred to court and that I have the right to appeal to the Court against the Fines Officer’s decision in writing stating reasons and supported by any written evidence. I have again called them to let them know I have responded to their “Arrest warning” letter in Dec 2010 and yet still received this “Further Steps Notice” letter to which I was told they never received my letter so I have sent them another letter explaining everything above again.

Today, I received another letter from HMCS which mentions TV Licensing –v - My Name. Original hearing on 6th June 2007 at Abergavenny Magistrates Court which I had no clue about. The letter further says “Your request for the court to re-open this case has been listed for hearing at Caerphilly Magistrates Court…You are required to attend the hearing in person…” I have no problem attending as I still have a letter from TV Licencing Authority showing payment made for the period covered for TV licence under my Uncle’s name at the address I was living. Since then I moved to my own property and always had TV licence. The problem is the court is in Wales and I live and work in London, would I get compensated for a day’s pay and travel costs and solicitor’s fees if I win the court case, as I don’t see how I can possibly lose this case, unless someone here thinks otherwise.

Sorry for the long post and really appreciate your help

Thanks

Kurtis_Blue

You need proper legal advice not the ramblings of internet know it all's and lunatics.

At the very least try the CAB http://www.citizensadvice.org.uk/

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm#Which_court_deals_with_the_case

jasonwatkins

I always say with TVL that they operate a "scorched earth" policy when it comes to pursuing people. Even though it's clear they don't have a case here, the way they operate will mean they'll continue to send letters. I don't doubt you'll even get a letter, or even a visit, a few months down the line to check your licence status as well.

It's possible that the letters may well have crossed over though - might be worth waiting a week or so and ringing them again to clarify ?.

if they still try and give you the runaround, i'd personally send a recorded delivery, signed-for letter advising them that you have evidence and receipts proving you have paid for a licence during the period in question. Tell them that if they insist on taking the case to court that you will pursue full costs to cover lost earnings and expenses.

But that's just me being a know-it-all and lunatic Certainly go to the CAB first and see what they say.

moonrakerz

I would attend the Court in person, taking with you all the evidence to prove that you did have a licence at the time in question. Also take with you a detailed list of ALL the costs that you have incurred because of this - travel, time off work, time taken writing letters, 'phone calls, etc, etc
When the case is dismissed ask that ALL your costs be refunded to you by TVL (Capita !).

PNPSUKNET

if you have the evidence attend, however submit a counter claim for loss of earnings, travel although dont inflate them

anotherbaldrick

PNPSUKNET wrote: »

if you have the evidence attend, however submit a counter claim for loss of earnings, travel although dont inflate them

It also helps if you have written confirmation substantiating that you have already provided TVL with evidence of the licence but they have ignored same and proceeded against you notwithstanding. Magistrates do not like time wasters, especially Gov Dpt ones.

Buzby

You cannot counter claim for loss of earnings. This is a criminal proceedure, and whilst you need to attend court, you can usually save this trip by making a Statutory Declaration (an oath) stating that you never recieved a citation and were unaware of any claim against you. This should result in the case being reheard, but in view of the timescales, I believe the case would be abandoned.

PNPSUKNET

You can issue a claim in the small claims court, against any company or orangisation

smitchy73

OP, Did you sate that you didn't live at the address at the time they are complaining, and that you were at a different address with your uncle who had a licence. CAB/legal person would be able to advise properly, but as others have said if you have the evidence, attend the Court showing them the evidence, and the magistrate should be able to see this clearly and throw the case out.
Whatever you do, don't ignore it, as this will trigger a failure to appear and an arrest warrant could be issued for you.

Personally if you weren't staying at the address at the time in question then I can't see how TVL is chasing you, unless they have evidence of attending the address, finding a tv on in the address and identifying you or someone claiming to be you, hence why they are chasing you, but if you have evidence it wasn't you and you weren't living there, and the address wasn't anything to do with you at the time then I don't see them having a leg to stand on.

As for claiming back costs, you're not entitled to costs as you'd be attending as the defendant, if you're sending document it would be wise to send them by Special Delivery and specifically addressed to the department of Court Clerks.

As a warning to all, cuts in local courts have been devastating, especially to staff who are still there and picking up the pieces of being understaffed and overworked(yes I'm in a similar position)

Buzby

PNPSUKNET wrote: »

You can issue a claim in the small claims court, against any company or orangisation

In which case, it isn't a counter claim, but a fresh action. This also has the risk if the judge disagrees with your position, you have to pay all the costs yourself. If the criminal case was lost, then a subsequent claim would be a waste of time and money.