Being prosecuted for using iPlayer when I never have!

45012168

Some idiot officer visited my property back in May this year unexpectedly and I showed him I only watch YouTube. I have a smart tv and showed him it has pre installed apps including iPlayer. I told him to check the tv himself. He clicked on iPlayer and me and my husband said he can delete the app if that helped as we don't ever use it anyway. So he went in and a message came up saying we need to sign in to use it anyway or something so we thought that's enough to convince him we don't use it. He was happy with everything and made some notes. He said we should be fine and so I signed the interview sheet.
So today I get a letter saying I'm being prosecuted for having iPlayer. I contacted tv license and they said I signed the paper agreeing that I have iPlayer and 'the last time it was watched - just now'
Well that wasn't me who watched it! It was the !!!! who logged in to test it and so he wrote down 'just now'
There's a few other things he wrote on the interview sheet which don't make much sense.

Obviously I know I don't have an iPlayer account and I've never used it. I am going to plead not guilty and say whatever I can but I don't know how I am supposed to prove I don't watch iPlayer. Is there anyway? Tv license have said I can avoid court by purchasing the license in full but why should I when I don't need it! I only watch YouTube.

almillar

You're going to be told that you should have refused him entry to your home, even though that doesn't help much now.
I've no idea how it goes in court, but you seem to have your story straight, and don't require a TV Licence for your uses. It will partially depend on exactly what you signed - did you read it all? Were you deceived about its contents when you signed it? This would help your defence.

glentoran99

Expensive lesson to learn, You signed something without reading it, that is how 99% of TV licence convictions are obtained, What I would do is pay the TV licence, wait a month then cancel it for a refund.


You cant prove a negative, Tv licencing have to prove you did and you have did this for them by admitting you did by signing the form

SpanishBlue

1 in 3 dragged to court for not paying BBC fee have cases thrown out

http://www.express.co.uk/news/uk/863453/BBC-fee-court-licence-Capita-BBC

Buzby

It is a ‘Broadcast Receiving Licence’ so you are required to pay if you have the capability, not actually watching. You can be sure the agent confirmed your capability for iPlayer, not that you actually logged in - so assuming you are called you need to explain your non-use of the app and the judge will decide if he believes you.

cajef

Buzby wrote: »

It is a ‘Broadcast Receiving Licence’ so you are required to pay if you have the capability, not actually watching.

Rubbish, nowhere on the TV Licence or their website does it state that it is a 'Broadcast Receiving Licence', it says 'TV Licence' and you are not required to pay just because you have the capability.

From their website:-

You don’t need a TV Licence if you:

• never watch or record programmes on any channel as they’re being shown on TV or live on an online TV service, and
• never download or watch BBC programmes on iPlayer – live, catch up or on demand.

This could be on any device, including a TV, desktop computer, laptop, mobile phone, tablet, games console, digital box or DVD/VHS recorder.

Xbigman

Its not rubbish. It is long established that TV licensing do not have to catch you actually watching TV. If you have a TV set with an aerial plugged in and the TV is tuned in then you are breaking the law and can be prosecuted even if you never watch it.
Whilst the inclusion of iplayer within the licence structure is more recent and there is no large body of prosecutions to draw on, it is not a surprise that a smart tv that is connected to the internet and has an iplayer app is being treated the same way.
And the OP signed to say they used it. I don't see a not guilty plea is going to get far. I hope it does but I can't see it.


Darren

Tom99

Xbigman wrote: »

Its not rubbish. It is long established that TV licensing do not have to catch you actually watching TV. If you have a TV set with an aerial plugged in and the TV is tuned in then you are breaking the law and can be prosecuted even if you never watch it.
Whilst the inclusion of iplayer within the licence structure is more recent and there is no large body of prosecutions to draw on, it is not a surprise that a smart tv that is connected to the internet and has an iplayer app is being treated the same way.
And the OP signed to say they used it. I don't see a not guilty plea is going to get far. I hope it does but I can't see it.


Darren

What do you mean by "tuned in" if the set is switched off all the time you do not need a licence.

Cornucopia

Cajef is correct in so far as the offence is as described on the TVL website (not unsurprisingly).

However, TVL can and do use evidence of capability to persuade the courts that evasion is likely to have taken place.

It's certainly possible to challenge this in court - there are practical issues (that iPlayer was never used), issues with the TVL178 form, and broader PACE technical issues.

However, it's almost certainly going to be the case that buying a Licence will be cheaper and less hassle than taking it to court. The Licence can be cancelled 6 months after the date of interview - it will not be possible to reinstate the prosecution after that date.



Dealing with TVL is reasonably straightforward (once you know): Ignore the letters. If TVL call: say nothing, sign nothing, exercise your PACE rights (to silence, to decline to be interviewed, to legal counsel), and tell them to leave.

Tom99

Cornucopia wrote: »

Cajef is correct in so far as the offence is as described on the TVL website (not unsurprisingly).

However, TVL can and do use evidence of capability to persuade the courts that evasion is likely to have taken place.

It's certainly possible to challenge this in court - there are practical issues (that iPlayer was never used), issues with the TVL178 form, and broader PACE technical issues.

However, it's almost certainly going to be the case that buying a Licence will be cheaper and less hassle than taking it to court. The Licence can be cancelled 6 months after the date of interview - it will not be possible to reinstate the prosecution after that date.



Dealing with TVL is reasonably straightforward (once you know): Ignore the letters. If TVL call: say nothing, sign nothing, exercise your PACE rights (to silence, to decline to be interviewed, to legal counsel), and tell them to leave.

Can you provide a link to that part of the TVL website you are refering to. My TV is just switched off thats all, otherwise all the leads are connected.

Cornucopia

In addition to the quote in Cajef's post above, there is a complete set of the Ts & Cs of a TV Licence, here:-

http://www.tvlicensing.co.uk/check-if-you-need-one/topics/terms-and-conditions-top11

What is a TV Licence needed for?

To use and install TV receiving equipment at the licensed place. It covers:

a) watching and recording programmes as they’re being shown on TV or live on an online TV service, including programmes streamed over the internet and satellite programmes from outside the UK, and

b) watching and downloading BBC programmes on demand, including catch up TV, on BBC iPlayer.

This can be on any device, including TVs, desktop computers, laptops, mobile phones, tablets, games consoles, digital boxes, DVD, Blu-ray and VHS recorders, or anything else.

Also this: http://www.tvlicensing.co.uk/check-if-you-need-one/topics/detection-and-penalties-top5

If you are relying on your TV being switched off, I would recommend that you go further than that. In particular, detune the TV, so that no TV channels are tuned-in, remove any aerial leads from the back, and remove or detune any Set-top boxes with a reception capability.