TV license court summons

Stucowie

I have a quick question for you guys at MSE...

Basically, my girlfriend moved into her place Sep 2011, and didn't remember to get a tv license and was visited by a TV license guy (she had been using it for 3-4 weeks before she had a vist

She set up a direct debit for a license while the enforcement officer was there, and that was the end of it, he went away happy because she got a license

Yesterday, she's had a summons to court for not having one for the period before she had a license..

Shouldn't the enforcement officer of told her that she would receive a summons? I thought the enforcement officer would of drawn a line under it because she got a license while he was present..?

Any advice would be grateful... Thanks

DUTR

The summons is for the period that there was no valid license, the DD mandate was completed to avoid future headaches.

Stucowie

Thats fair enough, but shouldn't the officer of told her to expect a court summons..? She suffers from bad anxiety as it is, and this isn't exactly helping...

What kind of fine can she expect..? and will she def get a criminal record and CCJ..?

DUTR

Stucowie wrote: »

Thats fair enough, but shouldn't the officer of told her to expect a court summons..? She suffers from bad anxiety as it is, and this isn't exactly helping...

What kind of fine can she expect..? and will she def get a criminal record and CCJ..?

Whether he did or didn't wouldn't really change the outcome, I don't think there is a CCJ or criminal record, however in some areas they print the names of tv license dodgers in the local papers, the fine may depend on the mood of the magistrates on the day, would suspect it will be at least the cost of an annual license plus court costs

Kurtis_Blue

Stucowie wrote: »

Thats fair enough, but shouldn't the officer of told her to expect a court summons..? She suffers from bad anxiety as it is, and this isn't exactly helping...

What kind of fine can she expect..? and will she def get a criminal record and CCJ..?

Well its a criminal offence so if found guilty she will get a criminal record, however a CCJ would only be relevant if she was fined and didn't pay, fine are upto £1000.

No reason for the "officer" to inform her what to expect as it is not hes job to decide who is and is not prosecuted.

vax2002

They use deception and she will have been tricked in to signing a contract of confession.
The line about the direct debit was just a confidence trick to get her to sign the contract.
A short sharp lesson in life I am afraid, she was under no legal obligation to even speak to the licensing employee let alone give her name and sign documents.

Kurtis_Blue

The record is not shown on a standard CRB check though, not sure about the enhanced.

SailorSam

Have a quick read through the forums here to see are there any others in the same position.

TV LICENCE RESISTANCE - Index

I've just read there that it's a Civil matter, if that's the case you shouldn't get a criminal record

Poppa_G

if she only moved in, in Sept 2011. How do they know where she lived beforehand, and more to the point how do they know she had a TV at her old address?

Kurtis_Blue

SailorSam wrote: »

I've just read there that it's a Civil matter, if that's the case you shouldn't get a criminal record

Not sure where you read it but the author was incorrect.

http://www.legislation.gov.uk/ukpga/2003/21/pdfs/ukpga_20030021_en.pdf

Miramol

It is a criminal matter , I am qualified in scots law but the legislation is the same across the uk, usually there is an element of back duty to be paid ie for the month when there was no licence and possibly a fine, however if she has no previous convictions and is anxious about it I would recommend getting legal advice as I know here sometimes cases will not proceed to prosecution if there is evidence of a payment arrangement in place for future licences and there have been no previous reports to the prosecutor. These offences are now dealt with in Scotland largely by Fiscals fines which means if you accept the fine no criminal conviction is recorded. Speak to a local solicitor.