TV Licensing [Removed]
Comments
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I can't make it any clearer for you than the link I provided I'm afraid, if you have trouble understanding I can't help you further.
Incidentally I personally do have a TV licence and think it's very good value for money.0 -
The dealer notification requirement was abolished in June 2013. Even if it still existed anyone could own a TV set without Crapita knowing if the TV is bought in a private sale or the buyer paid in cash at a retailer and put their details as "M Mouse, 123 Fake Street, Faketon, Fakechire, FK12 3FK" on the TVL form.You buy a TV, the retailer tells TV Licensing and TV Licensing tell you that you need a TV Licence. The only evidence is that you own equipment which is capable of accessing TV and/or BBC iPlayer.
Because you have equipment capable of breaking the law, doesn't mean that you're going to break the law. I own knives which is capable of injuring people, therefore that's clearly evidence that I'm going to stab somebody right?Now I get a letter from them threatening a visit from an enforcement officer who can apply to court for a search warrant!!
Laugh at the letter (it's a monthly laugh), throw it in the bin, get your refund and shut the door if any TVL commission driven salesmen come visiting.0 -
The dealer notification requirement was abolished in June 2013. Even if it still existed anyone could own a TV set without Crapita knowing if the TV is bought in a private sale or the buyer paid in cash at a retailer and put their details as "M Mouse, 123 Fake Street, Faketon, Fakechire, FK12 3FK" on the TVL form.
Because you have equipment capable of breaking the law, doesn't mean that you're going to break the law. I own knives which is capable of injuring people, therefore that's clearly evidence that I'm going to stab somebody right?
As far as I know if you carry a knife on your person which has a blade longer than 3 inches then yes, that is clear evidence that you are going to stab someone. There is always the other side of the coin lol.0 -
No. Read it again, let me highlight the entire sentence for you: "A TV Licence is a legal permission to install or use television equipment to receive (i.e. watch or record) TV programmes". i.e. it is the activity of reception that is the licensable activity, not the ownership of equipment.That FAQ also states:
Ergo it's owning the equipment which requires a TV License and not whether or not BBC programmes are watched.
The very first, most basic explanation on the TVL site says this:
"You need to be covered by a TV Licence to:
* watch or record live TV programmes on any channel
* download or watch any BBC programmes on iPlayer !!!8211; live, catch up or on demand".
You can't really get much clearer, and the only issues are the complex web of exemptions, and the issue of non-UK content.
No still wrong. The issue that you have not understood is that the term "Television Receiver" has a specific meaning in the legislation, which is effectively a TV Set (or other receiver) used for reception.Conversely if you do don't have a TV License you are not authorised to use and install TV receiving equipment and you are not allowed to download BBC programmes on BBC iPlayer.
Nuff said I think. Go read your TV License!
Can I suggest that you read the MSE guide?
https://www.moneysavingexpert.com/utilities/tv-licence0 -
.Do I need a TV Licence if I don't watch BBC programmes?
A TV Licence is a legal permission to install or use television equipment to receive (i.e. watch or record) TV programmes, as they are being shown on TV or live on an online TV service, and to download or watch BBC programmes on demand, including catch up TV, on BBC iPlayer. This applies regardless of which channel you're watching, which device you are using (TV, desktop computer, laptop, mobile phone, tablet or any other), and how you receive them (terrestrial, satellite, cable, via the internet or in any other way).
The licence fee is not a subscription to watch BBC programmes but mandated by law. Under the Communications Act 2003, the BBC in its role as the licensing authority has a duty to issue TV Licences and collect the licence fee
The bit is bold is pertinent.
If you are using a streaming service such as Amazon Prime, Netflix etc there is no requirement for a TV licence.0 -
As far as I know if you carry a knife on your person which has a blade longer than 3 inches then yes, that is clear evidence that you are going to stab someone. There is always the other side of the coin lol.
Yes a large knife out of its packaging on a person in a street would indicate it's illegal intention, however I'm not going to start to chop up carrots in the middle of the street, nor am I intending to stab someone who is inside my home
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No. You are definitely wrong, it is just a question of what it will take to make you realise. Unfortunately, we hit a slight issue of forum etiquette, which is the question of what language to use to inform you of how wrong you are, so don't assume from anyone's politeness or humility that you could be right, because you're not.It is in fact all the foregoing posts which are wrong and not my post.
As already noted, that was abolished in 2013. Here is confirmation of that from TVL: http://www.tvlicensing.co.uk/check-if-you-need-one/business-and-organisations/tv-dealers-aud18You buy a TV, the retailer tells TV Licensing...
Errr.... no. Since there is no Dealer Notification Scheme anymore, there is no knowledge at TVL HQ as to which unlicensed properties have TV equipment, which do not, and of those that do, which are using them to evade the Licence and which are not.... and TV Licensing tell you that you need a TV Licence. The only evidence is that you own equipment which is capable of accessing TV and/or BBC iPlayer. There is no evidence that you are watching TV or BBC iPlayer and indeed none is required.
Their process (such as it is) involves up to 4 million housecalls a year, during which they question householders about their unlicensed status, and if they feel so disposed they then conduct an interview under caution. The paper form they use is called a TVL178, and you can find examples of it online. The evidence in most TVL cases therefore consists of confession evidence and the offence is one of watching/recording broadcasts or using iPlayer.
Still wrong. (And why use common sense when we have actual facts).The same applies if TV Licensing search your premises: If you own equipment which is capable of accessing TV or BBC iPlayer then a TV License is required. I don't need to post evidence because this is common knowledge or at least common knowledge to those who have common sense.
Even in the case of TVL Warrant, they still tend to conduct interviews under caution. In a small minority of cases, where interviews are declined or met with "no comment", they may present evidence of installation of equipment (typically a verbal account) and claim that evasion is likely, however there is a ready defence to that called the Rudd Defence. In all the thousands of TVL cases that I have seen, there has never been physical evidence of equipment presented.
No point repeating yourself because you are wrong, and that's that. Here's a copy of a TVL178. Note the detail it goes into as to what has been watched.Do I really need to keep on repeating myself to prove that what I say is true. Conversely if anyone thinks what I say is untrue let's see your evidence.
Bigger image
So... in your mind they prosecute for possession of equipment, but prefer to prosecute without the easily obtainable physical evidence of possession. Why would they do that?Warrants are something of a will they or won't they scenario> But the small numbers of such warrants issued compared with the comparatively high number of prosecutions point to TV Licensing preferring to prosecute without evidence of equipment ownership.0 -
Cornucopia wrote: »No. Read it again, let me highlight the entire sentence for you: "A TV Licence is a legal permission to install or use television equipment to receive (i.e. watch or record) TV programmes". i.e. it is the activity of reception that is the licensable activity, not the ownership of equipment.
The very first, most basic explanation on the TVL site says this:
"You need to be covered by a TV Licence to:
* watch or record live TV programmes on any channel
* download or watch any BBC programmes on iPlayer !!!8211; live, catch up or on demand".
You can't really get much clearer, and the only issues are the complex web of exemptions, and the issue of non-UK content.
No still wrong. The issue that you have not understood is that the term "Television Receiver" has a specific meaning in the legislation, which is effectively a TV Set (or other receiver) used for reception.
Can I suggest that you read the MSE guide?
https://www.moneysavingexpert.com/utilities/tv-licence
Er ... no. I read the Tv License and the reason for that could be that I have a TV License to read.
You missed out the bit about "... install TV receiving equipment ..." The TV License is very clear that if you install TV receiving equipment you are going to use it in the phrase "... use and install ..." Conversely why on earth would anyone install TV receiving equipment if they are not going to use it? That would I think be TV Licensing's argument in a court of law.
TV License not being required just to own TV receiving equipment takes into account TV receiving equipment which does not work.
Lastly, one of the acceptable grounds for a refund of the Licensing fee and not needing a TV License is that you no longer own the equipment and not that you own the equipment but don't use it anymore.0 -
Mijee1983, you are patently not a lawyer and should not be giving this kind of misleading legal advice.0
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I suggest that you do (read the MSE guide). It is a lot easier to read than anything that would appear in legislation or on the back of a Licence. Whether you choose to read it or not, it remains a key reference for any discussion here on this topic. Arbitrarily disagreeing with it is pointless (unless you have a very good reason and incontrovertible evidence - which thus far, you don't).Er ... no.
Like I said, the term "Television Receiver" has a special meaning in the law. It is defined in a Statutory Instrument: http://www.legislation.gov.uk/uksi/2004/692/contents/madeI read the Tv License and the reason for that could be that I have a TV License to read. You missed out the bit about "... install TV receiving equipment ..." The TV License is very clear that if you install TV receiving equipment you are going to use it in the phrase "... use and install ..." Conversely why on earth would anyone install TV receiving equipment if they are not going to use it? That would I think be TV Licensing's argument in a court of law.
It says this: "In Part 4 of the Act (licensing of TV reception), "television receiver" means any apparatus installed or used for the purpose of receiving (whether by means of wireless telegraphy or otherwise) any television programme service, whether or not it is installed or used for any other purpose".
Which convolutedly means that a "Television Receiver" is a TV Set that is actually used for receiving TV broadcasts. (This has later been updated to include iPlayer).
Nope, it's to address the various ways in which you can use TV equipment that do not require a Licence.TV License not being required just to own TV receiving equipment takes into account TV receiving equipment which does not work.
Yes, that would be one reason. No longer watching broadcasts or using iPlayer is another. It was that reason I gave when I cancelled my Licence. TVL accepted it and gave me a refund.Lastly, one of the acceptable grounds for a refund of the Licensing fee and not needing a TV License is that you no longer own the equipment and not that you own the equipment but don't use it anymore.
Here's how they put it on their website....Telling us you don't need a TV Licence
No TV? Not watching live TV on any channel, or BBC programmes on iPlayer? Empty property? You can let us know here.
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.
http://www.tvlicensing.co.uk/check-if-you-need-one/topics/telling-us-you-dont-need-a-tv-licence
(I should probably tell you that I know a lot about the Licence - I am a long-term commentator on its iniquities, and I collated a community response to the Government review of enforcement. I also have complained so pertinently to the BBC that they have now banned TVL from visiting me or writing to me).
Disclaimer: Although I have quoted TVL's wording to prove my points, that doesn't mean that I accept it unreservedly. There are issues, but they do not relate to any of the "points" under this "discussion" we are having. (Assuming that you can use "points" to refer to the distinction between facts and non-facts, and "discussion" to refer to a dialogue in which the parties differ purely over questions of fact).0
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