Being taken to court for not having a TV Licence.....the importance of responding to the Summons and Means Enquiry.

[Bailiff Advice]

Ten percent of all court fines relate to using a TV without a valid licence. It is a sad fact that the vast majority of people who receive a visit from a TV Licence Enquiry Agent ignore the summons and the accompanying Means Form. A large percentage of people subject to these fines rely upon state benefits.

 

In almost all cases, the person receiving the summons should respond to plead guilty. In doing so, 'credit' will be credit (which will be a reduction in the standard fine).

 

Secondly....it is vitally important to complete the Means Enquiry Form (as outlined below). The following is a copy of an excellent post by a Magistrate that featured on a 'blog' today:

"Went in to Court today to fill a gap in the rota. I found myself in a non-CPS court dealing with TV licensing offences, and local authority Council Tax cases arising from non-payment of the tax.

 

http://magistratesblog.blogspot.co.uk/2015/12/this-isnt-what-i-signed-up-for-three.html

Edited December 18, 2015 by caro

[ploddertom]

And of course there are many who have moved or are just minding the property when the goon knocks. These are people wo are taken to Court without any knowledge.

[Bazooka Boo]

There is a lot to be said for the fact that you self incriminate yourself by speaking to, and signing the TVL 178 Form.

If people kept 'wood in ole' or refused to speak to the goons, then there would be no prosecutions.

[Peterbard]

There is a lot to be said for the fact that you self incriminate yourself by speaking to, and signing the TVL 178 Form.

If people kept 'wood in ole' or refused to speak to the goons, then there would be no prosecutions.

 

It is a criminal fine as I understand it, so the burden is beyond reasonable doubt, it think it would be hard to prove if like you say if the person did not self incriminate or let them in.

I do not know if it is still the case but their "operatives "used to give you the pace warning, before interviewing you on your doorstep. I always thought that this a was a bit over the top and designed to insinuate that they had more power than they do, although they are empowered to issue it. You can just shut the door in their face after(or before) you heard it.

[45002]

It's only a matter of time, not having a TV license will become a civil offense

[Peterbard]

It's only a matter of time, not having a TV license will become a civil offense

 

Not a moment to soon IMHO.

[brassnecked]

And of course there are many who have moved or are just minding the property when the goon knocks. These are people wo are taken to Court without any knowledge.

The goons are salespeople Capita is the employer, need we say more. Do not say anything to a Capita goon, certainly not your name.

 

You are not compelled to engage with them at all, People who do not need a license including those who have no TV have been convicted by self incrimination, as in when asked if they watched anything, on TV the innocent said they saw Eastbenders at a neighbours. Kerching Goon hits jackpot.

[Bazooka Boo]

Ditto ditto ditto to all above.....

[Sparks_]

Say nowt and sign nowt, dont let them in your house either!

[Mr.P]

It's only a matter of time, not having a TV license will become a civil offense

 

Even if one does not have a television* in the house ?

 

*) This includes any other device capable of displaying a live broadcast.

[brassnecked]

Even if one does not have a television* in the house ?

 

*) This includes any other device capable of displaying a live broadcast.

 

The mere possession of the TV or device doesn't need a license, it is the use to watch TV programmes as they are broadcast, so use for streaming Netflix, Amazon, YouTube or I-player doesn't require a license. Rest assured the BBC wants to bring all these under the TV license, but why the hell should the BBC gain revenue via the outmoded ludicrous TV Tax from someone accessing my or anyone else's YouTube channel, it's not their intellectual property.

[Bailiff Advice]

There is a lot to be said for the fact that you self incriminate yourself by speaking to, and signing the TVL 178 Form.

If people kept 'wood in ole' or refused to speak to the goons, then there would be no prosecutions.

 

On my website the page about court fines for TV licence evasion has either been the most downloaded page daily or the 2nd one. The same with enquiries and telephone calls. What has always worried me though is that most people do not realise that the document that they sign at the door is a PROSECUTION STATEMENT confirming that they had been viewing a TV without a licence. This document will be presented to court with the summons.

 

Secondly, most people also seem to think that by completing the additional documentation (direct debit forms) to purchase a NEW TV licence means that they will not be prosecuted. Complete barmy.

 

Never sign a document unless you know what it is that you are signing.

[Bailiff Advice]

It's only a matter of time, not having a TV license will become a civil offense

 

Given that the contract with Capita has a few years left to run I cannot see the government making any changes for a while. I could be wrong though.

 

If they did become civil offences, this would lead to a staggering increase in County Court judgments and with High Court Enforcement Officers lobbying hard for amendments to be made to legislation to allow them to enforce low value debts (below £600) such offences could keep bailiffs busy for years ahead.

[mikeymack2002]

Don't forget BA that the CAUTION is very important. I know you are not going to like this but some licence holders MUST have an appropriate Adult present when questioned.

 

If the goon fails to take this onto account then the case fails. Secondly they do not have an implied right of access either. Finally when they start to look through windows and are caught they can face the wrath of the Police too.

[Peterbard]

Secondly they do not have an implied right of access either. Finally when they start to look through windows and are caught they can face the wrath of the Police too.

 

Actually the do MM, the point is that this is all they have.

[Peterbard]

Given that the contract with Capita has a few years left to run I cannot see the government making any changes for a while. I could be wrong though.

 

If they did become civil offences, this would lead to a staggering increase in County Court judgments and with High Court Enforcement Officers lobbying hard for amendments to be made to legislation to allow them to enforce low value debts (below £600) such offences could keep bailiffs busy for years ahead.

 

Would it not be possible to de regulate in the same way as traffic offences were, perhaps create a administrative centre such as the equivalent of TEC and enforce through certified bailiffs ?

[mikeymack2002]

Actually the do MM, the point is that this is all they have.*

 

They actually do what?

[Peterbard]

Actually the do MM, the point is that this is all they have.*

 

They actually do what?

 

I quoted the point on the post MM. You said they do not have an implied right of access, this is incorrect they do.

[mikeymack2002]

Show us where please

[Peterbard]

Show us where please

 

You want me to show you the garden ?

[mikeymack2002]

No I want you to show us where they have implied access

[Peterbard]

No I want you to show us where they have implied access

 

Your posts MM, with respect give me a head ache. If you mean you want me to show you where the implied right is written, I cannot, its implied.

[mikeymack2002]

Well take pain killers then.. also this right can be removed. As seen in many a post on YouTube

[hightail]

Can the extent of this implied right be clarified please? I mean, the postman has implied right to come to my front door but that doesn't mean he's entitled to enter my house against my wishes.

[Peterbard]

No it doesn't, and the inspector operates under exactly the same implied right, as MM says this can be withdrawn by placing simple notice on the gate or by sending a letter to the inspectors office(EDIT or just telling him to go away).

Not of course to be confused with bailiffs who visit under the power of the statute.