WOIRA standard letter

GingerBob_3

Is there a template or suggested text for a permanent WOIRA to TV Licensing? When issuing a WOIRA they, in effect, state that it is only valid for two years. I want to make sure they understand it is permanent.

Cornucopia

Dear TVL,

Please be advised that as of the date of this letter, I am permanently withdrawing the Common Law implied right of access to my premises from all organisations working under the TV Licensing brand, including the BBC, Capita plc and G4S. This withdrawal is permanent, and I do not accept that any attempt by BBC/TVL to limit its scope or duration has any basis in Law. Any breach of this instruction will result in proceedings for Trespass.

This instruction is made under UK Common Law, and in connection with my rights under Article 8 of the Human Rights Act.

Yours,

GingerBob


You can but try....

There are a number of variants on WOIRA and the general principle of issuing instructions to BBC/TVL. Standard WOIRA is not necessarily to be advised, but one of the alternatives might be. What is the particular outcome that you are looking to achieve?

HellsGranny

There is a forum called TV Licence Resistance, which recommends Not to issue WOIRA, as it can make you an address 'of interest' and therefore more likely to get investigations and possible search warrants against you, even if you are perfectly within your right to not have a TV Licence.

Apparently, CAPITA, who collect the TV Licence Fee, will use any underhand methods to get a Licence Fee out of you, including the use of on the spot 'confessions by whoevet answers the door, (even if they are the babysitter!) or even if you don;t speak English!

The best bet is not even to talk to them, just shut the door on them, If you are legally Licence Free, in other words, you do not watch Any Live TV, but only use your set to watch DVDs and for gaming.

JJ_Egan

Legally by the way means not recording live TV as well as watching Live TV .

GingerBob_3

Cornucopia wrote: »

Dear TVL,

Please be advised that as of the date of this letter, I am permanently withdrawing the Common Law implied right of access to my premises from all organisations working under the TV Licensing brand, including the BBC, Capita plc and G4S. This withdrawal is permanent, and I do not accept that any attempt by BBC/TVL to limit its scope or duration has any basis in Law. Any breach of this instruction will result in proceedings for Trespass.

This instruction is made under UK Common Law, and in connection with my rights under Article 8 of the Human Rights Act.

Yours,

GingerBob


You can but try....

There are a number of variants on WOIRA and the general principle of issuing instructions to BBC/TVL. Standard WOIRA is not necessarily to be advised, but one of the alternatives might be. What is the particular outcome that you are looking to achieve?

I'm acting on behalf of a relative, having already issued a WOIRA on their behalf but been told by TVL that after two years they will "restart investigations". I want them to be clear that whatever investigations they do restart, it will not involve trespass.

Cornucopia

Okay.

I think in that case, I would possibly look at the following...

- BBC/TVL's "fear" is that people will issue a WOIRA instruction and then move away, leaving it in place with new occupiers who may evade the Licence Fee. Could you address this by agreeing to tell them if you move? There's no legal obligation for this, but it will make their behaviour even more unreasonable.

- BBC/TVL think they can impose the 2 year limit on people partly because they are "in charge" of the process, and they will make the rules. In reality (as we all know) WOIRA is an instruction made under Common Law by a citizen (the occupier of a home or business). Whilst BBC/TVL could conceivably negotiate around it, there is no basis in Law (AFAIK) for them to unilaterally modify it, or to refuse it. It would be interesting to get a Solicitor to write the WOIRA as a Solicitor's letter - I suspect this may have the desired effect.

- I have proposed a new form of WOIRA which accepts the 2-year limit, but imposes certain other conditions (the main one being that it is made "without prejudice" to anything else). It is this prejudice that presently prevents the legally Licence-free community from making more use of WOIRA. This is the wording...

[FONT=&quot]I am hereby exercising my rights under Common Law, and under Article 8 of the Human Rights Act to ban the BBC, TV Licensing and their agents, partners and contractors from my address for whichever is the earlier of: 2 years from the date of this notice, written notice being provided by me that the notice is rescinded, or a TV Licence being purchased for the address. Any breach of this notice may render the offender and his/her employers liable for civil action for trespass. [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]This notice is made under the protection of the UK Human Rights Act, and as such, and in agreement with the BBC, it is accepted by them and their agents without admission (by me/us) of, or contribution to, any liability due to non-communication in the context of S.366 (3) of the Communications Act 2003. Neither the fact of the issuance of this notice, or its effects are to be used or misused, directly or indirectly in connection with any application that the BBC, TV Licensing or their agents may seek to make at any time under S.366 (1) of the Communications Act 2003.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I may reissue this notice to you at any time, including within the 2 year period, to indicate the commencement of a new 2 year ban.[/FONT]



I put this to the BBC in August, but have yet to hear from them. This is not entirely unexpected because there is a parallel complaint with the BBC Trust that is still in progress.

Cornucopia

HellsGranny wrote: »

There is a forum called TV Licence Resistance, which recommends Not to issue WOIRA, as it can make you an address 'of interest' and therefore more likely to get investigations and possible search warrants against you, even if you are perfectly within your right to not have a TV Licence.

Thanks for this. I am a member at TVLR, and I'm aware of the potential downsides of WOIRA. This is the basis of my alternative approach in the post immediately above this one.

GingerBob_3

Cornucopia wrote: »

Okay.

I think in that case, I would possibly look at the following...

... Could you address this by agreeing to tell them if you move? There's no legal obligation for this, but it will make their behaviour even more unreasonable.

I did tell them this when emailing them on behalf of my (elderly) relatives, but they ignored it and just replied with what I assume was a standard response.


This is what makes me really annoyed: when you have to sit through that nauseating TVL advert about paying your licence in instalments you are told - paraphrasing - "the average family moves eight times during their lifetime" - well that would be once every TEN years then! Doesn't it just make you want to puke?

Cornucopia

GingerBob wrote: »

I did tell them this when emailing them on behalf of my (elderly) relatives, but they ignored it and just replied with what I assume was a standard response.

Yes... this is (sadly) another issue with them. Not content with creating their own processes that are nothing to do with the Law, and then expecting people to go along with that, they have begun to be very poor at responding to the (many) people who wish to communicate with them about it. The only thing to do, really, is be persistent, perhaps by raising a complaint about your query being handled inappropriately. Complaints do, at least, get a response from BBC/TVL Management.

Doesn't it just make you want to puke?

I've gone way beyond that now, and realise that remaining calm about it preserves my resources as a complainant so that I can begin to match their sheer stubborn defensiveness with my sheer stubborn persistence. And you do need to remain calm and rational when you "get into it" with them, because they have literally no common sense, and also an almost robotic devotion to bureaucracy.

I'm hoping that one day, the "official representative" of TV Licensing might turn up on these forums to face up to their critics, but I'm not holding my breath.

They are also cowards (as many bullies often are). They are also bullies.