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tv licence court summons - non resident

TV licensing!
They have issued a court summons to my girlfriend for watching a TV at my property without a license, however she wasn't a resident at the time and she didn't have it on (she didn't even know the combination of buttons one has to press to get the damn thing showing moving pictures).

I have had a freeview Virgin TV box for a couple of years since moving into the property, but found I wasn't watching it about a year ago, and figured I could save a few quid by not paying for the license.

A man came round while I was out (she didn't let him in) and she ended up being asked questions on the doorstep while he filled out a form. She felt quite intimidated and, because my girlfriend's English isn't great, flustered and they filled out the form with what appears to be a load of !!!!!!!!, she refused to sign the form because she managed to discern it wasn't accurate. (I now know I should have complained to TVL straight away).

After the visit I put the TV box in the cupboard and notified the TV licensing dept that I wasn't watching live TV any longer. Where do we (me and her) stand? I'm hoping the fact she didn't sign the damn statement puts us in good stead..

I can't see how she is liable in this instance anyway, surely it is the resident who is responsible for licensing the property?
She is scared and doesn't want to go to court, and would rather plead guilty by post without having to go.

I'm a bit of a stickler for not paying it, because of principles. I think most TV is absolute rubbish, and I've been using my PC for TV (not live) & been giving lovefilm £4 a month instead (not worth it either) for the last 6 months..

Any advice or previous experiences would be really helpful..
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Comments

  • AlexisV
    AlexisV Posts: 1,890 Forumite
    Yes, only the resident/homeowner would be liable. If she's a visitor it is nothing to do with her.

    Presumably she has evidence of her current address.

    Capita are well known to write 'untruths' on their little forms. It's good that she did not sign it. Just make sure your name is not told to Capita or court.

    Google TV Licence resistance for help.

    Your gfriend might well be best sending evidence of the address she resides to Capita. They're likely to drop the case rather than embarrass themselves in court. Better sooner rather than they tell her 5 minutes before the court hearing, which happens a lot.
  • HO87
    HO87 Posts: 4,296 Forumite
    And he's interviewed and cautioned her at the door? Sheesh. Well its is Crapita so what should we expect? As Alexis has said get off to TVL Resistence and post your case on their forums (Click Here). Be very careful in the way you describe the case as the forum is routinely watched by TVL staff.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Watching a telly requires a licence. Owning one doesn't! So not only is she not liable 'cos she didn't live there, they also can't possibly have any evidence that the box was being watched - 'cos it wasn't!
    Je suis Charlie.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    bazster wrote: »
    Watching a telly requires a licence. Owning one doesn't! So not only is she not liable 'cos she didn't live there, they also can't possibly have any evidence that the box was being watched - 'cos it wasn't!

    Even watching tv may not require a licence as long as what you are watching isn't streamed live.
    Be Alert..........Britain needs lerts.
  • System
    System Posts: 178,390 Community Admin
    10,000 Posts Photogenic Name Dropper
    I understood that somebody who watches TV without a licence, regardless of whether they are resident or not is liable. The offence is WATCHING live TV without a licence, residency/tenancy are not factors.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Kurtis_Blue
    Kurtis_Blue Posts: 2,217 Forumite
    So you didn't pay for your TV licence to save money but still carried on paying for virgin media for a year without watching it?
  • mrs_sparrow
    mrs_sparrow Posts: 1,917 Forumite
    So you didn't pay for your TV licence to save money but still carried on paying for virgin media for a year without watching it?

    We have a freeview Virgin media box the same as the OP has, it's free and came with the package we bought (phone and Broadband).
  • Not quite right..............:D
    bazster wrote: »
    [STRIKE]Watching a telly requires a licence. ![/STRIKE]

    bazster wrote: »
    Watching LIVE telly requires a licence. !
  • Cornucopia
    Cornucopia Posts: 16,603 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    !!!!!! wrote: »
    I understood that somebody who watches TV without a licence, regardless of whether they are resident or not is liable. The offence is WATCHING live TV without a licence, residency/tenancy are not factors.

    Yes, this is true.

    However, these cases are bad PR for BBC/TVL and they may drop it, if the OP presses them on it.

    The OP needs to talk to them, setting out the complaint as it is written here. They can either contact the TVL prosecutions people, or go to the Head of Revenue Management at the BBC.
  • Cornucopia
    Cornucopia Posts: 16,603 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So you didn't pay for your TV licence to save money but still carried on paying for virgin media for a year without watching it?

    He didn't say that. And even if he was evading, why should his GF get prosecuted for it?
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