letter to TV Licensing

GingerBob_3

I found this on a thread relating to debt collectors. It strikes me as a useful letter for those without a TV who are being harassed by TV Licensing. Any thoughts?

Dear Sirs,

I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully
Etc..

System

Are you willing to take a gamble and sue the person in court or is it just a pointless gesture that looked like a good idea at the time.

Buzby

It fails on the definition of harassment. They can be reasonably expected to contact the address to enquire whether a licence is needed, and they will do if no licence is held for that address and postcode combination.

A judge would find the enquiry reasonable, and expect your response to confirm you didn't need one and ask them to note this on their files.

The rest is irrelevant, and I doubt they'd even know or care what to do with it.

MataNui

Actually the letter states fact and is valid. The people who TV licensing send to houses are employees of a private company and have no legal right to visit other than the implied right of access that everyone has (which gives the right to come and knock on your door, not to enter your premises). The BBC have already stated they will abide by such requests.

If you google tv licensing you will find reference to similar letters and that the BBC are powerless to do anything about it short of obtaining a court warrant.

Legally you could also use the letter for debt collectors (the sort mobile phone companies send after you) who are also just employees of private companies but not county court bailiffs or high court sheriffs.

System

That letter can only have a hope of working if your accomodation does not open directly onto public space. I.E. it can only ever be valid if you have a drive/front garden or similar.

If the person can stand on the pavement or be in the communal hall of a block of flats and knock on your door then there is nothing you can do.

Buzby

Sigh - yes, it is outsourced to Crapita, how s this relevant? They are acting on the authority of the BBC (who pays them). If the address foes not have a licence, such contact is currently legitimate as failure to comply can lead to a criminal conviction. The courts are pretty hot on that.

silverwhistle

Buzby wrote: »

It fails on the definition of harassment. They can be reasonably expected to contact the address to enquire whether a licence is needed, and they will do if no licence is held for that address and postcode combination.

It's the regularity of the mail that is the issue. If you're going to visit, then b***dy visit instead of sending the same cycle of letters. I'll then tell them to their face that I don't have a TV or watch it: but the website requires name and phone and/or email, and I'm just not going to provide those, thank you..

System

Buzby wrote: »

Sigh - yes, it is outsourced to Crapita, how s this relevant? They are acting on the authority of the BBC (who pays them). If the address foes not have a licence, such contact is currently legitimate as failure to comply can lead to a criminal conviction. The courts are pretty hot on that.

How can it be a criminal offence when it is a civil matter.

The Tv licence inspectors cannot use a third party to gain entry to any property,Police etc.This is illegal and the property owner shoud sue.

Cornucopia

blowfelt wrote: »

How can it be a criminal offence when it is a civil matter.

It *is* a criminal matter - Communications Act 2003. It is a common misconception that it is a civil matter.

The Tv licence inspectors cannot use a third party to gain entry to any property,Police etc.This is illegal and the property owner shoud sue.

Untrue - the legislation states that persons authorised by the BBC can operate under a Search Warrant.

These warrants are very rare, though.

Cornucopia

!!!!!! wrote: »

That letter can only have a hope of working if your accomodation does not open directly onto public space. I.E. it can only ever be valid if you have a drive/front garden or similar.

It depends what you mean by "work(ing)". WOIRA (for this is what we are talking about) is an instruction to a person or organisation that they are not welcome at your home. BBC/TVL accept the broadest interpretation of this, and accept that if they are banned from your home, they are not able to approach your door - whether that door is off a path or drive, or opens onto a public or private space.

So, yes, it "works" - it does what it says on the tin.

If the person can stand on the pavement or be in the communal hall of a block of flats and knock on your door then there is nothing you can do.

Not true.

Even if it were true, you could use the more powerful invocation of Article 8, Human Rights Act. This instructs BBC/TVL not to presume any kind of consent to any invasion of your privacy not otherwise granted to them by legislation. This then prevents them from accessing your home, or doing other invasive things like listening at your door, or looking through your windows.

I have used various legally accurate measures against BBC/TVL, and can confirm that they do work, and are accepted as valid by BBC/TVL.

I've yet to come across an action for trespass, though.

Cornucopia

silverwhistle wrote: »

It's the regularity of the mail that is the issue. If you're going to visit, then b***dy visit instead of sending the same cycle of letters. I'll then tell them to their face that I don't have a TV or watch it: but the website requires name and phone and/or email, and I'm just not going to provide those, thank you..

I have successfully used Cease & Desist against BBC/TVL letters.

The letters also often stop with general WOIRA and similar instructions, as well as in the case of an official complaint.