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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

TV licence excused revealed - discussion.

noddy997

By noddy997
in TV Licensing

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noddy997

noddy997

Posted
Posted

Hi guys, I thought I'd come back for some clarification after reading the BBC news on tv licence excuses.

 

http://www.bbc.co.uk/news/uk-22947160

 

 

First of all, I have noted that there still are 2 bands - Black and White £49 and Colour £149. Seriously who in 2013 has a black and white TV? I thought that was pre 1990s?

 

Second of all, this is the most trickiest bit I have picked up, if you say you dont have to pay a TV licence, you have to prove this. And if you have "any equipment" that can receieve live TV then you must pay.

 

So, someone who doesn't have a TV, but they have a PC with internet - you still have to pay? Or they got a PC, a console, and a TV to use as a monitor for those things, yet no TV aerial, digi box or sky box, you still have to pay?

 

So from my understanding, if you got the internet and a laptop/pc you have to pay TV licence? Shouldn't it be the other way round they have to prove that we watch live TV on the PC?

 

This law is seriously outdated especially with the black and white band.

 

No one even produces black and white tellys to my knowledge...

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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MaxxPower

MaxxPower

Posted
Posted
Second of all, this is the most trickiest bit I have picked up, if you say you dont have to pay a TV licence, you have to prove this. And if you have "any equipment" that can receieve live TV then you must pay.

 

So, someone who doesn't have a TV, but they have a PC with internet - you still have to pay? Or they got a PC, a console, and a TV to use as a monitor for those things, yet no TV aerial, digi box or sky box, you still have to pay?

 

So from my understanding, if you got the internet and a laptop/pc you have to pay TV licence? Shouldn't it be the other way round they have to prove that we watch live TV on the PC?

 

That isn't true at all. According to TV Licensing themselves you don't need a licence if you have a TV but only use it to watch catch-up services, DVD's or play computer games.

Even if you have a TV Aerial on your house, so long as it's not actually connected to your TV in any way then you don't need a licence.

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citizenB

citizenB

Posted
Posted

 

Seriously who in 2013 has a black and white TV? I thought that was pre 1990s?

 

And your point is ?? What would be the point of having a colour television if you are blind and simply listen to it ?

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noddy997

noddy997

Posted
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Posted
And your point is ?? What would be the point of having a colour television if you are blind and simply listen to it ?

 

My point is that I dont think anyone has got a black and white television that they use. Unless it is an item from yester year for the purpose of collecting.

 

Try searching "black and white tv" on google, you come up with modern tv's that are black and white in colour (cosmetically).

 

The only few black and white tv's are on ebay.

 

So am saying, you got a band for something that very rarely exists or is not existent at all...

I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

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silverfox1961

silverfox1961

Posted
Posted

The only way I can think of is to disable the tuner rendering the TV useless for live broadcasts (for which you are required to have a licence) You can still use a tv for catch-up service with no requirement for a licence.

 

There is also the ACR concessionary scheme for people in sheltered accommodation. They pay £7.50 a year

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BazzaS

BazzaS

Posted
Posted (edited)
If no alteration is to be made, then what prevents me using the tv for purposes that require a tv license. Doesn't the telly therefore need to be deactivated in some way to prevent a possible unlawful use ?

 

If someone had "tuned" the TV to receive live broadcast signals previously : de-tune it / delete any stored channels.

 

You DON't have to physically & permanently prevent it from ever again receiving live broadcasts (so no smashing the tuner!)

 

If a droid from TV licensing comes a-calling ; repeat:

 

a) "No,you can't come in" and

b) "no equipment is used here to view live TV : there is a screen" (no point in confusing them by calling it a TV!) "that we use to watch DVDs"

 

Other options include repeating just phrase 'a)', or

"Ohh, is that the time, I'm closing the door, Bye"

 

You can watch e.g. BBC Iplayer (to watch over the internet programmes previously broadcast live)

but not live / "near live" broadcasts even over the Internet (so not a "live" channel via a Sky app or e.g. Slingbox)

 

Naturally, the above are all successful based on you actually not needing a TV license.

 

If you watch live broadcast TV (or "nearly live" : Sky app / Virgin app / Slingbox to watch ITV1) ... Buy a TV license!

If you don't need one because you don't watch live / "near live" TV ..... Don't buy a TV license.

Edited by BazzaS
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wiseajak

wiseajak

Posted
Posted

Hi

This thread is very interesting indeed. Although uoud have no requirement for a license, they stil hound you insisting you need one even if youve told them you dont. They send people to your house who get angry if you refuse entry

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BazzaS

BazzaS

Posted
Posted (edited)
Hi

This thread is very interesting indeed. Although uoud have no requirement for a license, they stil hound you insisting you need one even if youve told them you dont. They send people to your house who get angry if you refuse entry

 

Let them get angry. Unless they have a warrant from a Magistrates Court they can be as angry as they like, you don't have to engage with them.

 

In the unlikely event they have a warrant, if you don't need a licence they won't find a TV capable of receiving live broadcast signals, or being used other than a screen for non-live signal. You could then ask the court that issued the warrant regarding the information laid before it on which the warrant was granted .....

Edited by BazzaS
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MrHat

MrHat

Posted
Posted

This made me laugh: http://www.bbctvlicence.com

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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ericsbrother

ericsbrother

Posted
Posted

You need a licece for receiving transmissions, this excludes catch-up and streamed TV via the internet. No licence for DVD's as that is essentially a monitor. Now the licencing people will tell you that having a telly capable of receiving real time transmissions is enough to force you to have a licence but it isnt and they know it because if you do a FOI request about how many people have tellies for data streaming and dont have a licence they wont tell you for "commercial confidentiality" reasons- in other words they dont want people twigging.

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Consumer dude

Consumer dude

Posted
Posted

Are we saying that I can watch Dvd's only without needing a tv license. The fact that the tv is capable of receiving live transmissions is neither here nor there ? Would the onus be on the tv licensing to prove that I was infact watching live transmissions..

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postggj

postggj

Posted
Posted

Two things TV licence (aka Capita) will not tell you, and that they have to secure to gain a conviction.

 

Mens Rea and Actus Reus

 

That is why an individuals own mouth is there own worst enemy

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