TV Licence article Discussion

Cornucopia

Beyond_Reason wrote: »

We only watch Netflix these days, but have one of those satellite boxes that always go to a live TV channel when you switch it on. Technically we are watching live TV for about 5 seconds, until the demand service kicks in! What's the legality regarding this? I currently pay the TV licence but plan on stopping when the current one runs out.

As above, this is not a great idea. There are lots of ways of accessing Netflix, so you don't have to have your satellite box to do it.

First thing I would try is seeing whether the box will still access Netflix even if there is no satellite cable connected.

If that doesn't work, the cheapest Netflix-compatible device is probably a Now TV stick, which costs from about £15. That assumes that you don't have a Smart TV, which could access Netflix directly without a box.

silverwhistle

GypsyRose wrote: »

They returned two days later and this time knocked my back door! I ignored and didn’t answer the door.

Hmm, my back door has clear glass and as I live alone I'm fairly cavalier about the need to be dressed when I've just jumped out the shower etc.


I'm not the timid type but in those circumstances I'd phone the police and ask for their arrest for voyeurism and then a civil action for trespass. I am also tempted to go amok with my wood splitting maul or at the very least a handy Le Creuset frying pan in those circumstances but that bit's just a fantasy.:D

silverwhistle

Cornucopia, you said

I think someone (in management or the legal dept) has given them the notion of using data protection principles to abuse the privilege of the common law implied right of access.

Implied right of access normally only refers to knocking on your front door I imagine. Are there any additional legal implications of knocking at a back door?


Actually I've watched a fair bit of TV recently: the women's football world cup.



The Stag's is going to miss my custom. ;-)

Cornucopia

silverwhistle wrote: »

Implied right of access normally only refers to knocking on your front door I imagine. Are there any additional legal implications of knocking at a back door?

The whole "implied right of access" is a bit of a legal sticking-plaster for the more complex issue of undocumented common law land rights that go back over centuries of custom and practice. IMHO it was simply never intended to cover TVL's operation, and they should not be basing their operation upon it, as they appear to be doing.

The issue is that it permits an uninvited stranger who wishes to conduct some kind of business with you to approach your front door, state their business and allow you to determine (indeed, to have sole discretion) over whether business will be conducted or not. Although TVL honour this at the very margins with their slightly limited WOIRA policy, I think they have failed the basic legal principles well before that in view of the extent to which they force the situation, top and tail it with threats and struggle to honour householders' discretion.

It was, IMHO, never intended to handle a law enforcement situation - it doesn't work and many of the practical issues of TVL's approach are echoed by compliance issues with implied right of access. This mangled approach by TVL then taps into HRA Article 8 issues.

As for the meaning of "front door", I think a court would probably take a practical view. I doubt that they would accept someone relying on implied right of access to approach a door other than the front door, if any of these apply:-

- The front door was clearly signified whether by its appearance or the general flavour of the architecture.

- The TVL person would have had to walk past the front door to access the back door.

- Accessing the back door required entry upon land that was clearly not made available for this purpose (or there were signs, fences etc. making this clear).

- TVL rang the front door, but the householder was exercising their right to ignore TVL, and TVL took it upon themselves not to honour this.

- Similarly for approaches made by TVL staff to people through windows.

All of this is mainly concerned with civil trespass, rather than any criminal offence. It relates to England & Wales, and the situation regarding TVL in Scotland is different, and if anything even more of a can of worms.

[Deleted User]

Mr_Singleton wrote: »

How does a visit from a TV Licensing (salespeople in effect) prove or disprove you need a license?

It doesn't, but remember, you don't have to prove anything.

The burden of proof lies with them.

[Deleted User]

helmsy157 wrote: »

so next year my pension will be some £3 a week less!!!

Only if you spend that £3 a week on a TV Licence.

[Deleted User]

silverwhistle wrote: »

Are there any additional legal implications of knocking at a back door?

Yes, a charge of sodomy.

Cornucopia

Bedsit_Bob wrote: »

Yes, a charge of sodomy.

Play nicely please Bob.

FreeBear

silverwhistle wrote: »

Are there any additional legal implications of knocking at a back door?

They run the risk of being mauled by a vicious dog or licked to death by a friendly one. And if they tried it with my back door, in addition to one of the above, they would also get a very stern & blunt reprimand.

palina50

people ask how do the BBC iplayer know if you are using their services, I recently had to give them my name and email address. Now every time I use it I have to login.