Being prosecuted for using iPlayer when I never have!

Tom99

Cornucopia wrote: »

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



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.

[FONT=Verdana, sans-serif]I don't use, watch or download anything, I can't see anything in the T&C which says I need to do the sort of belt and braces decommissioning you are suggesting.[/FONT]

Cornucopia

Tom99 wrote: »

[FONT=Verdana, sans-serif]I don't use, watch or download anything, I can't see anything in the T&C which says I need to do the sort of belt and braces decommissioning you are suggesting.[/FONT]

I should explain that I have experience of hundreds of TVL cases, and that is my advice.

Similar info used to be on their website, but they seem to have removed it.

More generally, TVL are quite untrustworthy and their staff can be devious and unpredictable. Being prepared for them is a sensible precaution, even if you never intend to let them in to your home.

Xbigman

Just look at some of the video's of TV licensing visits on YouTube. If the TV is switched off the licensing people ask you to turn it on. The fact the TV is turned off is not a defence. If once turned on it can pick up broadcasts then they prosecute. That has been established in court as indicating guilt.
Thousands of people every year try to make your argument and lose. Now and again someone wins but the odds against are thousands to one.
I not only unplugged my TV but I cut the lead off inside and out. I have gone out of my way to prove I'm legally licence free and I had no real problem doing it.

Now the OP's issue is with iplayer. If you turn on a smart TV and its connected to the internet and there is an iplayer app that can be activated by the press of a button that could be taken as proof of guilt. However, this is much less clear cut.
My advice would be to remove or disable the iplayer app even if you don't use it. Its the only way to be sure you are 100% compliant with not having a TV licence.
This doesn't help the OP because they had an active app and they signed to say it had been used.



Darren

Tom99

[FONT=Verdana, sans-serif]Ok both of you, I take your point. So in TVL terms, if I am driving on the motorway at 60mph I can be prosecuted for speeding because may car can do 100mph.[/FONT]

Xbigman

No.

I once used the analogy that the police don't knock on my door asking to look in my garage so I can prove I don't own a car. As an analagy its as bad as yours because cars are used on public roads and ownership can be established and speeds measured.
TV licencing have no way of seeing inside a private residence and no way of catching you if you simply have to turn the TV off before you answer the door. I don't like it and I don't think its right but it is what it is.
Disconnect everything and cover your !!! is the rule for equipment. Say nothing / sign nothing is the rule for dealing with visits. Better still, don't open the door.



Darren

lush_walrus

Your house won't be the first they have been to and are told no of course we don't watch i player. As true as it may be for you I imagine there are plenty who try the adult equiv of the dog ate my homework on them.

bertiewhite

Xbigman wrote: »

I not only unplugged my TV but I cut the lead off inside and out. I have gone out of my way to prove I'm legally licence free and I had no real problem doing it.

Which lead have you cut off?

Cornucopia

Yes, I would definitely remove the iPlayer app where it was possible to do so.

In addition, you can consider blocking "*iplayer*" on your Router or your ISP's blacklist facility. I have done this.

I'm not sure that analogies necessarily help, not least because we know how the law is being used, rightly or wrongly. However, I'd liken it to being stopped by the Police with your cruise control showing that it was last used at 100mph - it's not cast iron evidence of an offence, but it's fairly close.

cajef

Xbigman wrote: »

Its not rubbish. It is long established that TV licensing do not have to catch you actually watching TV.

Try reading Buzbys post that I replied to and have quoted again below:-

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

It is not a Broadcast Receiving Licence and just because you have the capability does not mean you must have a licence, agreed it would stupid to have any equipment connected that may be capable of receiving but just owning it does not mean you need a licence, consequently as I stated that post is rubbish.

glentoran99

Xbigman wrote: »

Just look at some of the video's of TV licensing visits on YouTube. If the TV is switched off the licensing people ask you to turn it on. The fact the TV is turned off is not a defence. If once turned on it can pick up broadcasts then they prosecute. That has been established in court as indicating guilt.
Thousands of people every year try to make your argument and lose. Now and again someone wins but the odds against are thousands to one.
I not only unplugged my TV but I cut the lead off inside and out. I have gone out of my way to prove I'm legally licence free and I had no real problem doing it.

Now the OP's issue is with iplayer. If you turn on a smart TV and its connected to the internet and there is an iplayer app that can be activated by the press of a button that could be taken as proof of guilt. However, this is much less clear cut.
My advice would be to remove or disable the iplayer app even if you don't use it. Its the only way to be sure you are 100% compliant with not having a TV licence.
This doesn't help the OP because they had an active app and they signed to say it had been used.



Darren

So you don't turn it on then...