TV License Fine issued against person not on tenancy agreement

paulinuk2014

Hello

I have a friend who today got an on the spot fine of £650 for non payment of TV Licence in her previous residence

This information is a little vague at present, but I am hoping its enough to get a feel for the options available when I speak to her in detail tomorrow

She shared a house a with others in East London and vaguely recalls opening the door to someone whilst at that address and giving her name

She paid rent but was not listed on the rental contract. The person who was on paperwork appears to have not paid the license. She had no idea about any of this.

I can only assume that TV licensing tracked her down and sent the bailiffs round to her current address where she has been since last September, or perhaps someone at her old address gave them her details.

Due to the threats placed on her, she felt she had no option but to pay up on the spot which she did. Apparently she can appeal does anyone know where exactly she would stand? She has also mentioned that they want more money, but I am not sure how much.

If she appeals and wins I assume that she would get her money back?

Where does she start in terms of defence? I think she has a case in that she was not the owner of the TV set and was not specifically named to her knowledge on the license

If she can obtain a copy of the rental agreement for the property which does not list her name does this help her appeal?

For it to get as serious as it has doesnt this mean that TV licensing would have sent her several warning letters? She moved out of the property concerned in August last year, and so would not have seen any warning letters.

It seems to me as if the person who had overall responsibility for paying bills has stitched her up

Any rapid advice on this would be gratefully received. I believe that the appeal has to be lodged quickly

Likewise, if I have missed some key information, please let me know so that I can try to get it from her.

This is a very nasty situation for her she is not from the UK, although her English is good there are areas where she is naturally unsure of, like this.

She appears to have been penalised for something that was not her responsibility to pay. Does all of this have any impact on her credit score? Or does that only apply if she does not cooperate with the court? As she has already paid £650 am I right in assuming her credit file is not affected?

Paul

hallowitch

this was not an on the spot fine your friend would have been sent a summons to appear at court this would have been sent to her previous address


your friend has 21 days from the date the bailiff attended her new address to do file a statutory declaration to the court that issued the distress warrant


did the bailiff leave any paperwork to say what court issued the warrant ?


I will assume the answer to this is no as bailiff firms a very reluctant to provide this info as they know they will lose out on there big fat fee (£300)


Phone the bailiff firm (recording the call ) and ask the name of the court if they refuse inform them you have recorded the conversation


If you have to do your own research to find out the court start with th e magistrate court nearest her previous address


recording the call phone the court ask for the fines officer/department and tell them you want to swear a statutory Declaration as you were unaware of being fine until the bailiff turned up at your door (do not take no for an answer ) and you were not the tenant of the property therefore not responsible for the TV licence and that you have moved address therefore all legal notices have gone to your previous address


This reverts the fine back to the beginning you will then be either summons to court again giving your friend the chance to appear in person and plead not guilty or the case will be dropped


When the court accepts your stat dec all payments made to the bailiff will be returned


Magistrate court fines do not affect your credit rating


BE AWARE There are a lot of fee paying sites out there that will be happy to relive you of your hard errand money and provide you with BAD advice


This web site is highly recommended if you have to go anywhere you have pay to get help I suggest you go here http://bailiffadviceonline.co.uk/bailiff-advice/what-goods-can-a-bailiff-take-from-my-home/i-do-not-know-anything-about-this-fine-how-can-i-make-enquiries


I believe the cost of a phone call is about £10 but its £10 well spent considering she will get her £650 back


for the best free advice I suggest you go here
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers