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TV licence people wanting to open a 'full investigation'.

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  • konn1ch1ha
    konn1ch1ha Posts: 246 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 14 June 2017 at 11:10AM
    Hi all,

    First time post in this sub.

    Last night, I had a knock on the door, I answered it to an unannounced TV License Enforcement Officer (EO). She explained who she was and asked if she could be admitted to the property. I had a nano-think and realised there were no TVs on at the time so she cannot prove of me watching live TV, so I allowed her entry (I've always believed they have to catch you red-handed watching live TV(?), that was my justification).

    I explained that I only watch YouTube, DVDs and my girlfriend's Netflix (of course, I've watched TV for the General Election, Question Time and the like), whilst practicing my drum stuff/music, which is mainly true. She said that was fine.

    Here's the confusing bit - she asked me to turn on my (Smart) TV, I did so it came up with the bog standard, built-in applications ie Netflix, iPlayer, Amazon. I mentioned, which is true, I don't use the the Smart TV features because it's crap and flaky, I use my friend's Play Station 3 instead, so I tuned that on. Again, I mentioned that I only watch Netflix and proceeded to sign into it. The PS also had a few options suggesting Netflix, iPlayer (other media players) that are built in to the device.

    She asked me for my details (name and phone number) and as I was about to answer, she quickly asked me how long I'm staying here, which I replied less than a month (our contract ends in that time). She then mentioned she didn't need my details after I offered them again. I then asked "are we done here, is there anything we've done wrong?", she replied there wasn't and we returned to the conversation of moving house and what area I'll be moving to. Followed by a contact number of her estate agents.

    She was friendly, didn't read out any legal !!!!!!!! ("you have the right to remain silent etc"), didn't take details and didn't say we were in trouble. What evidence or how much truth is in this? She didn't catch me watching live TV only saw some apps on the PS, which is surely not evidential enough? Where can she go from here?

    TL;DR - TV EO came into flat, asked me to turn on TV, saw some apps ie iPlayer, Netflix (which were not in use at the time), didn't take details and talked about estate agents and then left. What happens now?
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Did you sign anything?
  • konn1ch1ha
    konn1ch1ha Posts: 246 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    Did you sign anything?

    Signed nothing.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    wouldn't worry then, but I also wouldn't let them in again
  • rtho782
    rtho782 Posts: 1,189 Forumite
    Part of the Furniture 1,000 Posts
    The fact that apps exist is not enough. You have internet access and the BBC website exists, that doesn't prove you use it.

    However, never ever talk to them or let them in or give them your details. Best reaction is complete silence and close the door.
  • Cornucopia
    Cornucopia Posts: 16,492 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    konn1ch1ha wrote: »
    (I've always believed they have to catch you red-handed watching live TV(?), that was my justification).

    That is certainly one option. However, most TVL prosecutions are based on confession evidence, and there is evidence of a certain amount of foul-play in that respect from BBC-TVL from time to time.

    You are not obliged to let them in to your premises (unless they have a warrant). Their website confirms this.

    You are not obliged to answer their questions whether under caution or not - their website confirms this, too.
  • konn1ch1ha
    konn1ch1ha Posts: 246 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    Cornucopia wrote: »
    most TVL prosecutions are based on confession evidence, and there is evidence of a certain amount of foul-play in that respect from BBC-TVL from time to time.

    What do you mean by this?
  • Cornucopia
    Cornucopia Posts: 16,492 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 June 2017 at 6:58PM
    konn1ch1ha wrote: »
    What do you mean by this?

    Most BBC-TVL prosecutions are based on a statement written by TVL and signed by the defendant indicating that they confess to the offence. That's why they do not need to be caught red-handed with the remote.

    However, historically there have been a small number of incidents where BBC-TVL field staff have misled or deceived defendants about the confession process (making it sound like something else) and about the nature of the offence (making defendants believe that they have committed an offence when they haven't).

    In a few very extreme cases, BBC-TVL staff have themselves been prosecuted for offences like False Accounting for doing this (they do it for the commission they receive).

    Even in a "normal" BBC-TVL interview under caution, there are questions about whether the policies they operate to are as legally-compliant as they should be. For example, they do not advise interviewees that they have the right to a solicitor, but they probably should do (based on Home Office guidance).

    These days, though, if you signed nothing then it is extremely unlikely that you will be prosecuted. That's why you were asked that question.
  • Bigphil1474
    Bigphil1474 Posts: 3,576 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    konn - on one hand I'm hoping they'll pursue you for non paying of license fee as you have admitted you should have one i.e. "(of course, I've watched TV for the General Election, Question Time and the like)". On the other, I don't like how TVL enforcement operate. You need to decide whether you need a license or not - if you don't, like it or not, you need to think how you could beat them off your back, otherwise they'll keeping nagging away.
  • konn1ch1ha
    konn1ch1ha Posts: 246 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    konn - on one hand I'm hoping they'll pursue you for non paying of license fee as you have admitted you should have one i.e. "(of course, I've watched TV for the General Election, Question Time and the like)". On the other, I don't like how TVL enforcement operate. You need to decide whether you need a license or not - if you don't, like it or not, you need to think how you could beat them off your back, otherwise they'll keeping nagging away.

    Why don't you like how they operate?

    I don't need a license because I don't, and haven't, further watched live TV. As stated, I mainly used it for Netflix and DVDs.
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