tv licence court summons

Cornucopia

unholyangel wrote: »

Not speaking about the OP here but do I think people should just give in when they're being shafted by our legal system? Never.

I totally agree. We are fortunate in this country in not having widespread corruption in our law enforcement. However, it is a little ragged around the edges and I think that every adult has a duty to oppose that with the resources at their disposal.

The alternative is that the individual law enforcer and the organisation they work for get away with it and go on to do it again to someone else.

piglet74

I have decided that I am going to go, and plead guilty, apologise, and say I was in the process of moving and really expected to be gone by then, and show my electric / telephone letters at my new address dated one week later

I am not dead keen on this approach tbh, goes against everything I want to do and believe in,

People in authority have been walking over others for far too long (not all people in authority of course) and I do firmly believe this guy will pull the same stunt again and again

But I don't want an ajournment, followed by the chance I could be facing an even bigger fine
So I may cut my losses

I have been reading up on moral turpitude, and tv licence evasion does not have to be declared on an esta form for travel to the usa,

Thanks everyone for all the advice

I will update after 18th april.

HappyMJ

piglet74 wrote: »

I have decided that I am going to go, and plead guilty, apologise, and say I was in the process of moving and really expected to be gone by then, and show my electric / telephone letters at my new address dated one week later

I am not dead keen on this approach tbh, goes against everything I want to do and believe in,

People in authority have been walking over others for far too long (not all people in authority of course) and I do firmly believe this guy will pull the same stunt again and again

But I don't want an ajournment, followed by the chance I could be facing an even bigger fine
So I may cut my losses

I have been reading up on moral turpitude, and tv licence evasion does not have to be declared on an esta form for travel to the usa,

Thanks everyone for all the advice

I will update after 18th april.

Not sure why you want to plead guilty when you had no TV. You won't get a bigger fine. It'll be the same fine whether you plead guilty or not guilty and are subsequently found guilty.

piglet74

The other forum mentioned above has warned of a bigger fine plus costs, which I am not prepared to risk (can't afford to should I add!)

HappyMJ

piglet74 wrote: »

The other forum mentioned above has warned of a bigger fine plus costs, which I am not prepared to risk (can't afford to should I add!)

You had no TV ...you are not guilty of anything. They cannot find you guilty. Don't worry about bigger fines and costs they could but if you are genuine and really did not have a TV on the day then plead not guilty and let them prove that you were using and watching live TV on the date in question.

Do you have the notes the inspector took? What are the answers given?

Do you have a television licence? No?...that's not an offence.

They have to go on...what are you watching....etc....

piglet74

The other questions were could he see or hear a tv, he has said "no"

It does say how long have you been watching tv without a licence, he has said "3 months"

On the phone the tv licence told me on friday that "august til october" had to be covered too. Tho it only says 26th oct 2012 on the summons, it does say 3 months on his notes.

HappyMJ

piglet74 wrote: »

The other questions were could he see or hear a tv, he has said "no"

It does say how long have you been watching tv without a licence, he has said "3 months"

On the phone the tv licence told me on friday that "august til october" had to be covered too. Tho it only says 26th oct 2012 on the summons, it does say 3 months on his notes.

He said it...you didn't. You have to be covered on the day whatever you did in the 3 months prior has no relevance to your guilt or innocence.

Even if you did say you have been watching live TV without a licence in the past then it isn't saying you are guilty of anything on that day. You had no TV so you couldn't have been watching at your house so if you watched something you were watching at someone else's house. That isn't an offence either. So you could say to the magistrates yes I've been watching live TV at a mate's house...or even at your new property but you only have to answer in regards to the 26th October 2012. Were you watching live TV on that date? No as you didn't have a telly or Yes but it was somewhere else.

Your other option is to plead not guilty by post and if the case is not withdrawn (TV licensing cases are withdrawn I gave you the link earlier showing many withdrawn cases) anyway if it's not withdrawn you could turn up and court on the date and then change your plea to guilty.

adouglasmhor

piglet74 wrote: »

Thank you all so much for your advice

I just don't know what to do with it all,

If I am going to plead guilty I will not turn up, if I do turn up I will say I didn't have a tv in the premises on that date.

If you do go !!!!!! about any other day you may or may not have watched TV without a licence. Really can it, zip it, only that day matters and incriminating yourself further will not help you one bit.

piglet74

Is that what is meant by incriminating myself as mentioned above?

If I happen to say I have watched tv in the past with no licence then would the be an adjournment for another day and / or a fine for that period?

Cross posted with the above, btw, nicely put!!

I can only assume that with the 3months on the agents form, and with it being mentioned over the phone with the tv licence that it will come up in court.

HappyMJ

piglet74 wrote: »

Is that what is meant by incriminating myself as mentioned above?

If I happen to say I have watched tv in the past with no licence then would the be an adjournment for another day and / or a fine for that period?

No you are charged with watching TV broadcasts at the premises in question on the date in question. You only get a fine for that one time that they can prove that you were watching TV. They do not charge you multiple times nor take any other days into account.

In mitigation if you were caught watching TV broadcasts you could say your licence had only just recently expired and the fine will be small. The link I gave earlier showed people who gave that reason and only got a £35 fine.