letter to TV Licensing

System

Bedsit_Bob wrote: »

Wrong.

WOIRA is the withdrawal of their right, to access your door.

Knocking on the door would be a breach of WOIRA.

Do you really think that you could get a win if you went to court with that? Dream on!

"Your honour, his hand crossed my boundary and touched my door. I demand compensation."

[Deleted User]

!!!!!! wrote: »

Do you really think that you could get a win if you went to court with that? Dream on!

You have somewhat veered from the point under discussion, which is that WOIRA forbids a person, against whom it has been served, from knocking on your door.

Whether or not you could get compensation (beyond perhaps a pound or two) is far different from whether you could actually "win", ie. obtain a judgement in your favour.

While worthwhile compensation is doubtful, getting a judgement is, I believe, quite likely, as is getting a restraining order, should they continue to visit, after the court case.

System

getting a judgement is, I believe, quite likely as is getting a restraining order

So you are not talking of going the small claims route then? Whoever takes this route for a hand encroaching on their property has more money than sense and TBH I don't believe that they would be successful. I wonder how the idea of 'de minimis' fits in with it.

Any documented examples of success in court to a breach of WOIRA? I can't find any for anything, let alone TVL

Cornucopia

!!!!!! wrote: »

So you are not talking of going the small claims route then? Whoever takes this route for a hand encroaching on their property has more money than sense and TBH I don't believe that they would be successful. I wonder how the idea of 'de minimis' fits in with it.

Any documented examples of success in court to a breach of WOIRA? I can't find any for anything, let alone TVL

Whatever happened to the notion that the BBC and all other large organisations are subject to, and should have due respect for the law?

If I use a legally accurate form of words against them, I expect their compliance.... and generally (in the case of the BBC) that's what I've received.

The issue of legal remedy for failure to comply only arises if they fail to comply.

The civil tort of trespass is very well established in law. I look forward to seeing the BBC/TVL on the wrong end of such a case, if it ever happens.

I expect that the BBC's approach to WOIRA is driven both by legal and practical considerations - there is no point sending staff to WOIRA addresses on the off-chance that the door opens directly onto the street, so that they can make a nuisance of themselves and risk even a marginal case in court.

[Deleted User]

[Text removed by MSE Forum Team]

The forum even has a handy "multi-quote" button (to the right of the "Quote" button) to remove the need to copy and paste.

These license fee threads run and run regardless...

kaya

Unless the capita people have the right to subvert the law then surely after removing their access rights they are breaking the law by attending? Bailiffs have similar problems in that they are ordered by a court to collect money but are not given the right to commit trespass in doing so ( this is obvious by the simple fact that in the case of collecting council tax they have indeed been granted exemption from trespass prosecution) , so unless your debt is for council tax a woiroa is useable on a bailiff , I did have a link to case law for this but can't find it at the moment

Cornucopia

Moneyineptitude wrote: »

These threads invariably have the same points, made by the same posters and vary only marginally. When the discussion runs out of steam the thread is opened again with a "fresh" title. There are currently three licence fee threads on the first page of this sub-forum.

No one (AFAIK) is opening up new threads just for the sake of it. And for every person complaining about a proliferation of threads, there will be one complaining about threads being hijacked or brought back from the dead.

I suspect that this is a case of: not a subject that interests you = not a subject you recognise the detail of = not recognising the fundamental difference between a discussion on WOIRA (which this was) and a discussion on, say, being Legally Licence Free by using catch-up services.

Whether you like it or not, there is a surprisingly large amount of legal and technical detail lurking within this topic to catch out the unwary - almost entirely as a consequence of the BBC's unconventional approach to the law. I make no apologies for doing my bit to help those people.

I can't stand it when large organisations bully individual citizens/consumers. I would have thought that was a common view amongst MSEers?

[Deleted User]

The problem I find with multi-quoting (maybe it's an age thing ) is, by the time I've read through all the posts, I've forgotten what I wanted to say, in reply to the first few quotes.

Cornucopia

I wouldn't worry about it. It's one of those issues (TVL, not multi-posting) that divides people...

There are those of us who believe the BBC should abide by the rule of law... and some others.

VisionMan

I'm going to request this thread be locked. It has clearly deteriorated.