Court summons TV licence

[Slp]

Is this the correct forum ? I have received a court summons for a 1 month period , is that nessecery? What should I do? I really could do with out court fees etc

[sean5302]

Re: Court summons TV licence

Hi sip,
What happened?
Did you get a visit and incriminate yourself at your door?
Have you admitted watching or receiving tv as it is broadcast live?
Have you signed anything?

[wales01man]

Re: Court summons TV licence

Did you have a valid licence at the time of the alleged offence and as Sean says was the tv on.

[Slp]

Re: Court summons TV licence

Yep that's what I've done , some reason the payment got stopped think as I lost my bank card an the payment was stopped , it was 1 month so the summons says. Yes they knocked the door an I payed on card there an then. Guessing I've shot my self in the foot!! But to take me to court over appox £12 I would of payed them

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:beagle:I signed there forms

[sean5302]

Re: Court summons TV licence

Can you give us a bit more detail, please?
I'm asking because it's not as clear cut as you may think.
The relevant law is the Communications Act 2003.
You don't need a licence to install a tv. The licence is only to receive broadcast tv programmes as they are shown live.
Very hard for the BBC (and that is who they are) to prove you were watching live tv. TVL is just a brand owned by the BBC and the "goons" are normally employees of Capita or G4S).
So, they try to get you to incriminate yourself.
Did you read their form before signing?
Did you let the man in?
Did he inspect your tv?
What have you admitted?

I'm not going to ask you to lie.
If you were watching live tv without a licence, you're guilty and should plead guilty at the Magistrates' Court. The fine is normally between £180 and £200.
Lots of videos on Youtube. Here's a good one:
https://www.youtube.com/watch?v=mQeKy1v-R-I

[Slp]

Re: Court summons TV licence

I said I owned a TV and that it was being watched, never read the paper properly - such an idiot!! They asked to come in an I said no , I had not not long had a baby. I knew all this as well I've seen clips before but just got sucked in , 2 men was there.

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Just going to have to go court an let them know the situation I guess an swallow the bloody fine

[sean5302]

Re: Court summons TV licence

Yes, if your tv was connected to an aerial or Sky receiver and the programme was from there you're bang to rights.
If, on the other hand, you were watching pre-recorded DVDs, videos or using an internet connection you have absolutely no need for a tv licence.
You'd need to tell the magistrates that your tv is not connected to an aerial or Sky receiver, if that were true.
Hindsight is a marvellous thing.
It's a pity you gave them the time of day.
They have no powers, just like a milkman, but try to intimidate folks into doorstep confessions.
Brave men.

[DirtySmurf]

Re: Court summons TV licence

I said I owned a TV and that it was being watched, never read the paper properly - such an idiot!! They asked to come in an I said no , I had not not long had a baby. I knew all this as well I've seen clips before but just got sucked in , 2 men was there.

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Just going to have to go court an let them know the situation I guess an swallow the bloody fine

Did you tell them what was being watched? did you sign anything from them?

[teaboy2]

Re: Court summons TV licence

When you paid by card, was it for the month in which you missed a payment? I asked because you said they taking you to court of £12 yet you also stated "Yes they knocked the door an I payed on card there an then". Which sounds to me you already paid the outstanding/missed £12 installment and are now up to date and keeping up with your usually monthly payment, am i correct?

If so then your breach of license has been remedied, and your license is valid, it was then and still is now!

Simply explain to the judge you lost your bank card and the payments were for some reason stopped by the bank to which you weren't aware off, so knew nothing about it till they turned up at your door (as you don't check your bank statement every single day, but then no one does), where you were completely honest about it and paid the missed payment £12 there and then at your door, bringing your payments up to date. And that you have kept to making your monthly payments ever since. Therefore you remedied your breach in your license agreement and no monies are outstanding and your license is still therefore valid.

Now am not suggesting you do this (in fact i suggest you don't), but if it was me personally, and as this only my own personal view. Then in addition to stating the above, I would also state to the judge that i find it absurd that the BBC has spent license fee payers money to bring this case to court for a measly £12 missed payment, that was itself subsequently paid in full once you were made aware that the payment had not been made, and therefore the breach of license terms had been remedied once made aware of said breach. They should spend there time concentrating on those that pay nothing at all and do not even have a license, yet still watch live broadcasts. The fact that parliament are also questions and minded to put an end to the license fee in next couple of years, suggests that the BBC are simply abusing their position to fill their pockets with as much money as they can, hence they being so keen in taking yourself and others in similar situations to court, despite having remedied the breach. They are basically claiming for an additional £12, that is no longer owed to them due to it being paid upon being made aware of the payment being missed, as an compensation amount - Therefore seeking the enforcement of what is nothing short of deemed an unlawful penalty in law, to be validated by a court order!

[stevemLS]

Re: Court summons TV licence

I'm glad teaboy recognises that having a general rant at the magistrates about the licensing system in general is not a good idea.

It is not the fact that it is £12 missed payment. OP was watching TV without a licence which is an offence and has admitted it.

I used to work at the magistrates court and the forms that they get people to sign are in fact statements which are tendered in evidence and which are "confessions".

In this case, I think OP has come to the correct conclusion in post 6. There is much mitigation though which should operate to reduce the level of any penalty and which may even result in an absolute or conditional discharge.

[sean5302]

Re: Court summons TV licence

StevemLS has posted while I was typing. You beat me to it.
The summons is for watching broadcast television without possessing a valid licence.
If they have accepted your missed payment, it nullifies the non-possession.
You would have been licensed all along.
I would explain that to the Magistrates, if that is the case.

[teaboy2]

Re: Court summons TV licence

StevemLS has posted while I was typing. You beat me to it.
The summons is for watching broadcast television without possessing a valid licence.
If they have accepted your missed payment, it nullifies the non-possession.
You would have been licensed all along.
I would explain that to the Magistrates, if that is the case.

Bit in highlighted in Red is exactly my whole point.

And Stevemls no offense - but am entitled to my opinion and my opinion is against having TV licenses as i do not see why the BBC should be funded for by tax payers. Not only that i do not see why or how it can be fair, that people can be or are forced to pay it for watching any live broadcast from any channel, not just watching live BBC broadcasts, yet only the BBC receives the money from the license fee and not other channels as well! And in regards to the question in hand, there is no case to even answer since accepting the OPs payment of £12 when they called at the door remedied the breach and therefore means the license was never invalid - And yes, i am certainly against people like the OP being taken to court when they have already remedied and their license is valid, was then and was now. It would only be invalid if the OP had not remedied it.

[sean5302]

Re: Court summons TV licence

Steady on teaboy2.
Your passion is clear, as is your wish to help the OP.
stevemLS wisely points out to the OP that rants can be precipitous in front of the Magistrates.
Keep going, mate. You're doing great work here.

[teaboy2]

Re: Court summons TV licence

Steady on teaboy2.
Your passion is clear, as is your wish to help the OP.
stevemLS wisely points out to the OP that rants can be precipitous in front of the Magistrates.
Keep going, mate. You're doing great work here.

Fair point Sean - I Just didn't see any reason for Steve to make a point of it in his post (as per what i personally would say if it were me), and there has been times in the past where me and steve haven't seen eye to eye. Though granted, i may be shouldn't have responded to it and i certainly didn't mean any offence to Steve by doing so, but it did pee me off a bit, which isn't a good thing when i am already in a foul mood, not that its possible to tell via a forum!

So steve i apologise for going a little overboard in my response.

[stevemLS]

Re: Court summons TV licence

[MENTION=19071]teaboy2[/MENTION] - I wasn't suggesting for a moment that you were not entitled to hold those views, I welcomed your recognition that expressing them before the Magistrates would be unlikely to assist the OP. The Magistrates themselves may well hold similar views but they have to enforce the law.

In my view the payment on the doorstep of the missed payment does not nullify the offence. If you compare it with motor insurance, if you are caught without in similar circumstances (ie a missed payment), you don't have it and subsequent production of a valid policy does not mean that the original offence is nullified.

For what it is worth, my view is that this is extra-ordinarily heavy handed enforcement, but that does not mean OP is not guilty of the offence.

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Cross posted!