TV Licence visit? What next

Print_Screen

I have just moved into a new flat. There were many letters from TV licencing (Capita) for the addressed to the current occupier/previous owner who had moved out ages ago.

Well these were the standard letters stating there is now licence for this address etc and an inspector will visit.

I only use the tv for games and dvds as there is a problem with either the arieal or internal wiring stopping reception. So untill this is fixed I don't need a licence.

Well the enforcement officer came round today asking if I have a tv and asking to come in. He also said that a TV had been detected.

I said that I had no TV and I refused to allow him in as:
1 he has no right without a warrant
2 Trying to explain to him that the tv is not used to watch tv and and demonstrating this is not something I particularly feel the need to waste my time on.

Anyway he said that my details will be passed on to the enforcement department. What I hoped someone could tell me was what is the next thing I should expect from Capita? A few enforcment officers turning up with a warrant asking me to prove Im inoccent?

LuciferTDark

I had a visit a few years ago but I let them in to see the non-working tv I had at the time & they left me alone, I sorted out a license when I got a working tv though.

It might have been easier to let him in & show him it isn't working, it'd save you hassle in the long run.

espresso

Print_Screen wrote: »

I have just moved into a new flat. There were many letters from TV licencing (Capita) for the addressed to the current occupier/previous owner who had moved out ages ago.

Well these were the standard letters stating there is now licence for this address etc and an inspector will visit.

I only use the tv for games and dvds as there is a problem with either the arieal or internal wiring stopping reception. So untill this is fixed I don't need a licence.

Well the enforcement officer came round today asking if I have a tv and asking to come in. He also said that a TV had been detected.

I said that I had no TV and I refused to allow him in as:
1 he has no right without a warrant
2 Trying to explain to him that the tv is not used to watch tv and and demonstrating this is not something I particularly feel the need to waste my time on.

Anyway he said that my details will be passed on to the enforcement department. What I hoped someone could tell me was what is the next thing I should expect from Capita? A few enforcment officers turning up with a warrant asking me to prove Im inoccent?

So he said "that a TV had been detected" and you said that you "had no TV", who do you think that they will believe? You have already lied and are now talking about you proving I'm innocent.

:rolleyes:

siren13577

hi sorry about your problems, I think you need to have a licence just because you have a tv, look at this link to see what you think:

http://www.tvlicensing.co.uk/information/index.jsp

Give them a ring and see what they say. Good luck and don't worry too much about it, there's loads of ways to pay and they are quite understanding.

Bamber19

They'll never get a warrant, the whole prosecution of people for having a tv but no licence relies upon you admitting to it as the courts will not give them a warrant without good reason. Claiming you don't have a television is not good reason for a warrant and talk of detecting signals was just to scare you into throwing yourself to the floor and admitting you have a tv.

Blacksheep1979

siren13577 wrote: »

hi sorry about your problems, I think you need to have a licence just because you have a tv, look at this link to see what you think:

http://www.tvlicensing.co.uk/information/index.jsp

Give them a ring and see what they say. Good luck and don't worry too much about it, there's loads of ways to pay and they are quite understanding.

you don't need one if you use the TV as a display for pre recorded video or for games/a computer.

maninthestreet

If the tuner in the TV is still functional, then a licence is required.

stugib

http://www.tvlicensing.co.uk/gethelp/faqs.jsp#link1

What if I only use a TV to watch videos/DVDs/as a monitor for my games console? Do I still need a licence?

You need to notify us in writing that this is the case and one of our Enforcement Officers may need to visit you to confirm that you do not need a licence.

Please write to us including your name, address and the reason you believe that you don't need a licence at:

TV Licensing
Bristol
BS98 1TL

Ebany

If you have a TV which is not connected to any arial (as just having a tuner in a TV will not get you anything without some form of arial) then you do NOT have to have a TV licence. I was in this position myself a couple of years ago as we bought a TV to attach to one of our computers which acted as a DVD player. After getting a letter from the licencing people I called and explained and they said thats fine, but they may send someone round to check - which apparently they did (not while I was in, and I hadn't mentioned it to anyone else, so I doubt they were in any way prepared). They took a look, saw it had no arial connection (and if they looked outside they would have seen that the arial cable from the roof was broken halfway down the wall) and went away again - no problem. They didn't contact us again after that.

We have since moved and now do have a functioning arial and have bought a licence.

When I was at uni I think everyone in the whole hall of residence sent back a note saying their TV was just for playing their playstation with - there was no rooftop arial and you couldn't get a signal through a little indoor one no matter how hard you tried!

On the official TV licencing website it says you don't need a licence if you never use it for broadcast tv (see http://www.tvlicensing.co.uk/gethelp/faqs.jsp#link1 ) but does warn you they may visit to verify this.

dreamypuma

I'm sure you have to have license if you have Cable TV or Sky, regardless of a standard terrestrial aerial.

I think you also have to have a license if you own a 3G mobile phone.

Fruitcake

This subject keeps coming up here.

Whether or not you need a TV licence is determined by UK Law.
The Law concerning TV licence requirements is the Communications Act 2003. This is an Act of Parliament, passed by the elected Government, the House of Lords, and ratified by HM the Queen. To qoute a line from one of my favourite films, an Act of Parliament "is beyond contestation."
It cannot be amended or altered without another Act of Parliament.

The following is an extract from the above mentioned Communications Act 2003.

PART 4
LICENSING OF TV RECEPTION
363 Licence required for use of TV receiver

(1) 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.


368 Meanings of "television receiver" and "use"

(3) References in this Part to using a television receiver are references to using it for receiving television programmes.


Note the wording in Section 363 paragraph (1), "installation and use."
Not "installation or use," it says "installation AND use." In other words the Law says you only need a licence if it is installed AND you use it. If it is installed but you don't use it, you don't need a licence. If it isn't installed, you don't need a licence.

Also note the wording in Section 368 paragraph (3), "using it for receiving television programmes." If you are not using it to receive television programmes you do not need a TV licence. If you are using it for anything else, as a pot stand, to play games, to play pre-recorded programmes, to listen to a radio broadcast, you do not need a licence.
If you are playing a pre-recorded programme that someone else has recorded at a different location, you do not need a licence. They do but you don't. This may or may not infringe copright or other laws but that is not the issue here.

In addition, using the mythical TV detector van is illegal without a warrant signed by a judge. It's the same law that requires a warrant for a 'phone tap.
To get a warrant to use a detector van, Crapita would have to provide evidence that you were using a TV to watch or record live TV transmissions. You aren't, so they can't get the warrant to use the detector van......to get proof that you were using the TV to watch or record live TV transmissions.

If someone tells you they have detected TV signals from your house they are either: -
Telling lies
Breaking the Law
Have a warrant signed by a judge.

To date, no such warrant has ever been issued in the UK.

Crapita do not have right of access to your home. You are not required by law to acknowledge their existance let alone speak to them or let them in.

As to what happens next, you will be hounded like a criminal until you either write to tell them you have withdrawn implied right of access to your property, or you buy a licence.
Withdrawing implied right of access means they are not legally allowed to set foot on your property. This will stop their enquiries for about 2 years then they will ask you again if you are using TV equipment to receive live transmissions.