Tv licence magistrates hearing.

[tekkers28]

Hey guys thanks for any help it's appreciated.

Last year we changed bank accounts and tv licence were a company we forgot to tell. They sent an enforcement agent around in December 2013 and I re-instated the direct debit with him on the doorstep. Asking for it to be taken on the 10th of every month. As far as I was aware that would then be set up and I'd be covered. Last month I received a court summons for unpaid tv licence!! I immediately rang them and questioned it and was told they had cancelled the direct debit due to failed payments. They had sent me no correspondence showing or telling me this until the court papers arrived. I then spoke with the courts explaining I wouldn't be able to make the date as I was away on a mandatory course for work. They advised me to email them with any mitigating circumstances and to either enter a plea or ask for an adjournment. I emailed all the information asked for and the day after the court hearing received an automated email saying my original email hadn't been able to be sent! (Damn you Apple) I spoke with the courts and explained what had happened and was asked to send everything in again via post! I did this on the 27th of last month and stupidly didn't send it recorded! They don't have the paperwork! I was then given another email address to forward everything to and did this on the 11th June. My fine is due tomorrow so chased it up with them again today. They have finally received everything and have agreed to reopen the case for a date in July. Would anyone be able to advise on how to deal with this in court please? Tv licence have demanded full payment of the licence fee and I have told them that I no longer need a licence. I have disconnected all form of live tv from my property until I manage to sort out the court case. Also in my absence and due to the courts not actually receiving my emails before the court date I was fined £400 plus £120 costs and £40 victim surcharge (whatever that is) I think I'm managing to handle it but would like some reassurance please

thanks to anyone that can help

edit - forgot to mention that the tv licence agent I spoke to on the phone told me they had all the correct bank details and that the direct debit was set for the first and it looked like a clerical error. Can I be penalised for something that was out of my hands and control?

[stevemLS]

Re: Tv licence magistrates hearing.

The difficulty you have is that you are guilty of the offence. Yes, it was an oversight on your part when you changed bank accounts but they acted correctly when your DDs were unpaid. How long went between the change of bank accounts and the visit in December?

Did the enquiry agent interview you under caution? I understand they are known to be a little sneaky about this.

Obviously your difficulties with communicating with the court do not help.

However, you have a new hearing. I don't think the magistrates will have any choice but to convict you. It may be that if you can clearly explain that in essence this is down to an administrative cock up rather than a wilful choice not to pay that the bench would accept this in mitigation.

I think you have made an error in cancelling the licence pending getting this sorted, the prosecutor will simply inform the court that you are presently unlicensed.

On your edit - when was that conversation?

As I understand their policies, even where someone obtains/reinstates a licence following an enquiry agent visit they still prosecute if there has been a significant unlicenced period. (That used to be the policy 20 odd years ago when I worked in a magistrates court, of course it may well have changed now.)

Good luck and let us know how you get on.

[tekkers28]

Re: Tv licence magistrates hearing.

Hi thanks for your reply, yes the agent did say it was under caution and read "my rights" that were printed on the form he filled out.

Regarding my edit that was during the first conversation I had with tv licence when the court summons appeared.

It. Was approximately 2 months between bank account change and the visit in December.

The main reason for disconnecting all tv's within my property and stating I no longer required a licence was due to the fact they were demanding the full licence fee and wouldn't listen to reasoning despite confirming they had the correct bank details.

[stevemLS]

Re: Tv licence magistrates hearing.

OK, I still think you will be convicted, but that relatively brief period of being unlicenced lends credibility to what you are saying, far more so than had it been, say, six months.

I do think that this would go some way to mitigate the offence and you should end up with a lesser fine and possibly even a conditional discharge (which effectively means you are guilty of the offence but the court decides no further penalty is required). As I understand current practice though you will still have to pay the costs and victim surcharge.