TV Licence article Discussion

Cornucopia

elwyntj wrote: »

Some important points if you get a visit....

Citizens' Arrest is widely misunderstood, and even if it applies here (which I doubt) it is complete overkill (and will escalate the situation well beyond what would be favourable to a householder).

The law is quite simple (and shame on BBC-TVL for the way in which they try to contradict it)...

- You do not have to admit TVL staff to your home (unless they have a Search Warrant in which case different considerations apply). TVL's claims that you have to agree to a "visit" in order to confirm a no-Licence needed "declaration" and/or to stop enforcement letters or further visits are all false.

- You do not even have to answer the door to them.

- If you answer the door, you can decline to speak with them.

- If they caution you (or proceed with a formal interview without caution(*)) you can exercise the right to silence, to counsel and/or to decline to be interviewed entirely. These rights apply even if they have a search warrant.

- You can require them to leave at any stage (unless they have a Search Warrant), and they must comply. If they refuse, you can call the Police to have them removed.

- You do not have to sign any of their paperwork, and the best advice is not to do so.

- TVL warrants are incredibly rare, but they do exist.

(*) Interviewing in connection with evidence gathering for a criminal offence without issuing the prescribed caution is a breach of PACE, but the best advice remains to refuse to comment, or decline to be interviewed.

castle96

Scenario/Q

Last had/viewed TV 1/18.
Existing licence expired 3/18
Had loads of letters from TVL (none replied to) and 1 visit (wasn't in).Did not make a 'no TV declaration'
Now got TV again (2nd hand not shop bought)
New licence should run from now not 3/18
Letters do not 'allow' this scenario and assume that new licence will/must ?l run from 3/18


Would TVL if I phoned, renew from now ?
If I went to Post Office ? and just bought a new one... would 'cure' this situation ?

Thanks

Cornucopia

castle96 wrote: »

Would TVL if I phoned, renew from now ?

If you insist that they do, they should. Obviously you can tell them that you did not need one previously.

If I went to Post Office ? and just bought a new one... would 'cure' this situation ?

Post Offices don't provide services on behalf of TV Licensing any more. You can buy Licences for cash at Paypoint outlets (normally cornershops and newsagents, sometimes garages).

Ego_Shredder

So after reading the main MSE article on TV Licensing, there does not appear to be a series of dos and donts, or a list of steps to follow once you start receiving TVL letters through your door. So below is a brief summary of my situation, followed by a question for advice on how to proceed.



Recently my mum died and had previously been receiving a free licence due to her age being over 75. Now I am the only occupier of the house and have not watched TV since late 2010, and have not had an aerial on the roof since it was removed that year. I recently cancelled the TV subscription from my Virgin Media bundle, so the box under the old TV no longer receives anything and I do not have a Freeview box either. I do not watch live TV on the internet, nor do I use BBC iPlayer. So to sum up I do not watch TV of any description from any channel broadcaster, nor do I watch films on DVD etc.


I recently received a letter from TVL to the "Present Occupier" informing me of how I could get a licence. I then got a follow up letter with a deadline to do this by 24th October, otherwise my address will be passed on to my local enforcement division for investigation.


So what is the best way to proceed? Should I make contact via their website and declare I do not watch TV, and therefore do not need a licence? Or should I avoid contact at all costs, and just ignore any letters or visits?


Thanks for any help or advice.

FreeBear

Ego_Shredder wrote: »

So what is the best way to proceed? Should I make contact via their website and declare I do not watch TV, and therefore do not need a licence? Or should I avoid contact at all costs, and just ignore any letters or visits?

Very similar situation to you. My advice - Ignore any/all letters, don't even bother opening them if you are easily stressed. If anyone knocks at your door and asks if you are [Mr, Mrs, Miss], ask who they are first. If it is TVL, demand to see ID and then send them on their way. Do NOT answer any of their questions, and NEVER let them enter the property what ever their reason is.
Do NOT sign anything either.

If they can't confirm your name, letters will keep arriving addressed to "the occupier", but they can never progress further than that - Certainly never court action without a name.

No point in registering your name/address as it doesn't stop the monthly letters.

Nick_C

The sensible thing would be to fill in the on-line declaration saying that you do not need a TV license. They should then leave you alone for three years.

Personally, I hate TV Licensing / Capita because of previous harassment from them, and I would do nothing to assist them. To make the on line declaration, they ask for your name and e-mail address. They don't need this information. Nor do they need to know why you don't need a TV license. I wouldn't be prepared to give them any information that they are not legally entitled to.

Cornucopia

For me, the best solution is probably to fill in the Online Form with a fictitious but plausible name. You could obtain a disposable email address just to catch the confirmation that will bounce back... or not.

This protects your identity from an organisation with no need to have it, and satisfies their curiosity as to whether you think you need a Licence or not.

It won't stop them doorstepping, but it has the advantage that when they do call, they will almost certainly open the conversation by asking for <fake name>, and you will therefore know that it is them - even if they don't identify themselves (which sometimes happens). They may even refuse to speak with anyone other than <fake name> for spurious DPA reasons. Either way, send them away as above.

As for a formal list of Dos and Don'ts, that's quite a tricky one. Everyone's situation is slightly different, and the questionable status of TV Licensing and its processes means that any list would necessarily have to take a view as to how co-operative we are advising people to be, which I'm not sure that MSE would necessarily want to do. There is also genuine debate over the legal status of TV Licensing, that the BBC are unwilling or unable to address.

My list for TVL Doorstepping visits are these:-

- Don't speak with them, other than to tell them to go away.

- Don't confirm or provide your name.

- Don't answer any questions, at all, no matter what bluster or coercion techniques they might use.

- Don't sign any of their paperwork under any circumstances.

- If they don't leave when instructed, don't hesitate to call the Police on 101, especially if you consider your household to be vulnerable in any way.

- Don't let them get into a formal interview, but if they do, don't hesitate to state that you "Decline to be Interviewed in line with PACE", and that you will not answer any questions without the benefit of Legal advice. Then tell them to leave and make sure they do.

EachPenny

I had my first visit today. :j

I always check before opening the door if I'm not expecting anybody. The man looked like a thug. I never open my door to thugs.

What happened to the nice men in a shirt and tie and a peaked cap? Is it something to do with austerity cuts?

I know he was from TVL because he left me a lovely letter.

It says I can "avoid further action" by buying a TV licence. Or it says "If you think you don't need a TV Licence" I should visit "noTV". But I know that I don't need a TV licence, so clearly this isn't appropriate for me. As they haven't told me what is appropriate in my case I have no option but to ignore them.

cw18

Nick_C wrote: »

The sensible thing would be to fill in the on-line declaration saying that you do not need a TV license. They should then leave you alone for three years.

They say 2 years, but in reality they write after about 20 months. That's why I got so fed up and just ignored their request for an update earlier this year. I've previously renewed my 'do not need' several times since I cancelled at the end of 2010, including after the purchase of 3 TVs - several months apart - within the first 18 months of then. I had to file the first one to get back 3 months of the current licence and the 3 months I'd prepaid for the next as I paid my monthly direct debit.

FlexDream

I recently got an old digibox which has on it previously recorded live TV. Those recordings were on a licensed TV. Do I need a licence to watch them? If so, presumably I'd also need a licence to watch old VHS recordings?