TV License - Not Guilty?

Garyboz

Hello Money Savers.

First post here so apologies if I make faux pas.

My dilemma is regarding a summons I've received in the mail today for watching a tv without a license. I'm planning on pleading not guilty to the charge but would like to know if I have a chance.

I live at home with my parents and on the 18/07/13 an enforcement officer came to my house just after I had arrived home from work while no one else was home.
He asked to speak to the tenant/owner of the house to which I replied the tenant was my dad who was currently in hospital so he said I could deal with the matter, which was then that he identified himself. He told me that the license hadn't been paid since March and had to go through a form with me.
I told him that it must have slipped my mothers with all the worry over my dad as he had been in Hospital due to Cancer which he had been diagnosed with last November. He had been in and out the last three months with the last month of that on a permanent basis as we were then told it was terminal. He has briefly stated this on the form saying "My dad usually deals with all the finances but has been in hospital for the last 3 months".

I have noticed two inaccuracies on the form. Firstly when asked if I had a tv license I said that we should do but the tv license was my parents responsibility so I am not 'in the loop with payments'. He has put on the form "No". Secondly, he didn't ask me if he could come in and inspect the set, seems like he skipped that question completely but wrote that I said "No".

When the form was completed he straight out asked me "How will you be paying today sir?" and me at the time not knowing my rights said debit card. He said that I would have to pay 3 months now and then It will be monthly from there. I assumed this meant for the months my parents missed payment and was shocked to find a week later in the mail a new tv licence arrive in my name!

Upon inspecting the form when he left I noticed at the back "Please note: The Enquiry Officer who conducted this interview does not have the authority to give you time to pay." He didn't tell me or show me this. I didn't ask to look at the form during the interview as I thought it was just for his purpose. I understand that failure to pay a tv license is a criminal offence so when he said "How will you be paying sir" I felt I had to comply.

When I received this summons earlier I phoned TV Licensing and they stated that as I signed the form admitting that I was watching the TV when the officer came I would be liable for the offence. It's worth noting that as I had just arrived home from work when the officer came I wasn't watching tv. This is shown on the form when asked when did I last use the tv, my reply - Yesterday.

I'm really sorry if this post is long and hard to follow. Hoping for some advice on whether I am right in pleading Not Guilty to this offence.

Thanks in advance.

VisionMan

What he said ^^. An internet forum is not the best place to get advice on something like this. You need to seek legal advice instead.

Buzby

Whose name is on the Summons? If yours, then you have a defence and need to indicate this on the forms. However, taking out a licence muddies this and you will need representation to explain this. Seek out a criminal lawyer in the town the court hearing will take place.

Garyboz

I have sorted this now thanks.

I made a few phone calls to Citizens Advice and Legal Aid. I then phoned TV Licensing again and a lady put me through to the Summons Department where I spoke to a guy and explained everything to him. He then put me on hold for a couple of minutes while he spoke to a court administrator and came back to me telling me they were dropping the charges and are confirming it in writing.

Apologies for wasting people's time with this as I could have done this before seeking advice on a forum hoping to come across an expert. Just got a bit panicky at the thought of prosecution.

yangptangkipperbang

Next time someone comes to your door from TVL, just tell him to **** *** - he has as many rights as your paper boy ! Please don't "elevate" these people by calling them "officers"..................

tvlb1

Garyboz wrote: »

I have sorted this now thanks.

I made a few phone calls to Citizens Advice and Legal Aid. I then phoned TV Licensing again and a lady put me through to the Summons Department where I spoke to a guy and explained everything to him. He then put me on hold for a couple of minutes while he spoke to a court administrator and came back to me telling me they were dropping the charges and are confirming it in writing.

Apologies for wasting people's time with this as I could have done this before seeking advice on a forum hoping to come across an expert. Just got a bit panicky at the thought of prosecution.

Did you receive something in writing? Something in writing is more reassuring than the word of someone on the phone - particularly if that someone is from TV Licensing!

Fruit_and_Nut_Case

Garyboz wrote: »

Apologies for wasting people's time with this...

All's well that ends well. There are some good sources of help and reassurance here, as well as some with axes to grind. Stick around.

CC-Warrior

Yeah, never sign anything TVL wave in your face. Best thing to do is not have any contact at all. They work on commission and use fear and intimidation to get their way.
http://www.youtube.com/watch?v=vHoAjEqgsUM

spacey2012

Unless you receive a letter from the court cancelling the summons, you must turn up or will be found guilty in your absence.
If you signed the TVL 178 "form" it was not actually a form but a statement of evidence that you were watching TV without a licence.
Anyone who signs this form handed to them by the TV inspector is usually in 99.99% of cases found guilty.
Never sign any form or contract you have not received legal advice upon.
The consequences can see you jailed .

Cornucopia

The action taken by the OP (contacting TVL) is exactly the advice I would have suggested to them, if I had seen the thread earlier.

When the circumstances of a case are marginal in some way, it's well worth making protestations to TVL or the BBC, they often drop such cases. Even if they don't drop the case, no harm can be done by taking this step.

pineapple

After all that communication one would have thought you would have picked up that it's licence not license (you license something but you buy a licence ).
Seriously I think the numpty who came round was acting unlawfully and in breach of his duties in coercing you - who are clearly not the householder - to take responsibility. Far from breathing a sigh of relief, I would be making an official complaint about the whole thing.
It does show how desperate these agency hirelings are for their commission. And as others have pointed out they have all the power of a piece of wet lettuce. You don't even have to speak to them - and with their track record of 'inadequately' recording things, it's safer not to.