Being prosecuted for using iPlayer when I never have!

Cornucopia

Buzby wrote: »

I was at the last prosecution in Glasgow (in 2004) as a witness. They lost. I understand there has been no prosecutions in Scotland since- that’s 13 years without court action.

Read the Act - you might even learn something.

The legal situation in Scotland is quite different regarding TVL. It could be considered a completely different regime (and unfortunately one that I do not know as well as the English system).

In Scotland, TVL staff go around in pairs to comply with Scottish rules of evidence. Presumably they conduct the same somewhat biased Interview under Caution. The evidence then goes to the Fiscal's office, and is converted into a Fixed Penalty fine of £75. There are no trials and no search warrants.

Cornucopia

Buzby wrote: »

Another carefully considered response? You know this, how? It’s the law - read it! (Communications Act 2000 - Section 11 I believe).

I know it as S.363 of the Communications Act 2003, but I'm not sure how helpful it's going to be to us.

It says this:-

"A television receiver must not be installed or used unless the installation and use of the receiver is authorised by a licence under this Part".

This is complicated further by the circular definition of a "Television Receiver" as a device used for receiving TV broadcasts "by means of wireless telegraphy or otherwise". iPlayer is in there somewhere, too.

In other words, the truth is buried in the legal spaghetti somewhere, however, presumably TV Licensing are not being deliberately provocative by mis-stating the law (or perhaps they are)? I can't honestly see what advantage it would be to them to do so.

footyguy

45012168 wrote: »

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.

You won't need to.

If you plead not guilty, it will be up to the prosecution to prove the case against you, not for you to prove your innocence.

cajef

Buzby wrote: »

Read the Act - you might even learn something.

I notice in your quote from my post you managed to miss the most relevant bit out taken from the TV licensing website two days ago, here is is again for your future reference:-

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.

Post #30 in this thread is by the poster that kept telling everyone on these forums that there was no such thing as FTTP broadband even after it was pointed out to them that I and several other people had it for years.

Plus they are a Virgin broadband user who used to tell everyone that Virgin have never used fibre optic when if you go into their website it is plainly stated that it is fibre optic with co-ax to the premises.

https://forums.moneysavingexpert.com/discussion/5078596

Maybe it is time you learned something before posting.

glentoran99

footyguy wrote: »

You won't need to.

If you plead not guilty, it will be up to the prosecution to prove the case against you, not for you to prove your innocence.

His signed confession has that part covered

Cornucopia

glentoran99 wrote: »

His signed confession has that part covered

Although it's quite a technical legal argument to make, the TVL178 form and the accompanying interview process do not seem to fulfill the requirements of a voluntary statement under Annex D of PACE Code C.

45012168

Thank you for the replies.

If I had known better I would not have opened the door but that's me, I had nothing to hide so welcomed him in as they kept bothering me with constant letters and phone calls.

I do feel very deceived because the guy was pretty straight and adamant that I will be 'fine' as I only use YouTube. I wish I had not signed the paper now because it does make me seem guilty?

Can someone just explain where it says 'just now' on the interview sheet, can I use that to say he was the one who tested the iPlayer and put that down n not because I actually use it.

Also I have a lot on my plate so I don't need this extra headache. Yet at the same time I don't want to pay for a license because I will still maintain I use nothing except youtube. I am being asked to pay £150 with a 33% discount or go to court.

What is my best option right now to get this sorted in no time?

Thank you.

Cornucopia

I think your options are limited (and I'm not even sure if one of them is now even an option).

They are:-

- Pay the fine, which I assume has been issued under the Single Justice Procedure.

- Challenge the judgement and prepare to go to Court with an intention to plead Not Guilty and state your case.

- Challenge the penalty and prepare to go to Court with an intention to plead Guilty and state your mitigation.

- (If they will allow it after the Single Justice Procedure has adjudicated) make representations to BBC-TVL that the case against you is unfair/not in the public interest/against their policy of prosecuting first offenders.

Going forward, you cannot be obliged to buy a Licence you do not need. If you agree to buy a Licence as part of an out-of-court agreement with BBC-TVL, you will need to keep it for at least 6 months from the date of interview. After that, you are free to cancel, as the prosecution cannot then be reinstated.