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Tv Licencing Court Charge

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  • Tv Licencing Court Charge

    I have been sent a single justice procedure notice by tv licensing. I was visited by them on 25th May 2016.
    I let the gentleman in as I was under the impression I wasnt breaching any laws.

    I do not watch tv. I only watch i players as my 14 month old daughter is obsessed with TV characters that can be watched on the BBC i player. I asked them to come in so they could see that the television was playing an episode on the BBC i player, catch up channel.
    I explained it was a smart TV and they asked me the brand of television and if it was mine and when bought. I said I had the television two years. They saw I had a you view box and asked why I had it , I explained that my Smart TV only had limited apps and that I could get ITV player and Channel 4 on demand through the box.

    I explained that since I had lived at the property I had only broadband service never a television subscription service and only used TV and You View Box for the catch up services. My friend who was visiting me had to leave, and just after this point the two men changed from being quite friendly to very serious.

    One of the men started telling me he was cautioning me for having equipment capable of receiving channels. I started getting very anxious at this point as my baby was getting distressed as they were strangers and she didn't understand what was going on I was shaking at this point.

    They asked if the television could receive tv channels 1-5 and I said I thought all televisions could. At this point the 1st man nudged the second and he wrote down "admitted channels 1 -5" . I questioned it saying why have you wrote down that and he explained that it was just a formality that they had to explain to every person to make them aware that televisions can receive channels. He then told me to get rid of the You View Box and then I wouldnt be breaching any laws even though I only use it to watch catch up tv. My daughter got really upset at this point so they then left saying to make sure I got rid of box as they would be coming out to check. As soon as they left and I had settled my daughter I rang the TV Licencing Company to complain about the two men as I couldnt understand what I had one to breach anything.

    The lady I spoke to advised I had done nothing wrong and that I had not breached anything as I only used catch up TV and I said I wanted to report the two men as they were giving people the wrong information , she asked me to wait while she spoke to her superiors and returned and advised that I was correct I was withing my rights and tat I had done nothing wrong and that she would be updating the system to prevent further visits.

    I advised her that I wanted to take it further as I wanted to make sure no other person was given this wrong information and to ensure that future baliffs were trained correctly. I was put through to a specialist team that deal with these matters and was told that in fact the first customer service agent I had spoke to had in act gave me the wrong information.

    That the baliffs were correct and that it should have been explained that because I had an ariel then I was in fact breaching the tv licensing law. He advised that to ensure that I wasnt I needed to reset my television to make sure no channels were signalling and that would be perfectly fine. I asked about the you view box and he said if it was connected by ethernet and not aerial then that too was fine. I advised that they needed to sort out their customer service agents and also the baliffs and make sure they armed them with the correct information and train them so they handed out information correctly to every person, he advised that they would look into this and I thought that was the end of the matter.

    Today I have received a court summons. Any information or advice would be greatly appreciated.
    Last edited by Amethyst; 8th July 2016, 15:23:PM.
    Tags: None

  • #2
    Re: Tv Licencing Court Charge

    Having an Aerial does not make you require a TV licence if you do not watch "on air" programs. The licence is to receive broadcast material. As you are watching "on air" then you are correct in that no license is required. The fact that the equipment is capable of receiving "on air" (the channels 1 - 5 statement) is immaterial if they did not witness you using them.

    This could change as the BBC are trying to plug the gap produced by iPlayer and the rest.

    Comment


    • #3
      Re: Tv Licencing Court Charge

      TV Licensing is enforced via the Capita Group - http://www.tvlicensing.co.uk/about/who-we-are-AB4
      Who we are (View in Welsh)
      'TV Licensing' is a trade mark of the BBC and is used under licence by companies contracted by the BBC to administer the collection of the television licence fees and enforcement of the television licensing system.
      The BBC is a public authority in respect of its television licensing functions and retains overall responsibility.
      Responsibilities of TV Licensing contracted companies
      Capita Business Services Ltd Administration and enforcement of the TV Licence fee.
      PayPoint Plc Over-the-counter payment services in the UK mainland and in Northern Ireland.
      Post Office Over-the-counter payment services in the Isle of Man and the Channel Islands.
      Proximity London Ltd Marketing and printing services.
      Havas Media Media services.
      You could try a formal complaint to the CEO - http://www.ceoemail.com/s.php?id=ceo...ef%20Executive
      Capita Group
      Mr Andy Parker Chief Executive
      Email andy.parker@capita.co.uk
      Telephone 020 7799 1525
      Website http://www.capita.co.uk
      Social Media
      Postal Address 71 Victoria Street, London, SW1H 0XA
      Company Number 02081330
      Now that you have received a court summons, you need to acknowledge the claim (this should be easy enough to do via MCOL if you follow the instructions on the front of the claim pack) ... tick to "defend in full" and keep a note of any passwords etc... as you'll need them later.

      Once you've acknowledged the claim, you'll have time to prepare a defence before you need to enter it - defence is due 33 days after the issue date of the claim (if you acknowledge receipt of it in time).

      I'll tag [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] for advice, but can you post up (or email to me with a link to this thread) a redacted copy of the claim form??

      K xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Tv Licencing Court Charge

        @Kati - this is a 'single justice procedure notice' which is a different procedure to civil court proceedings. Basically you can plead guilty or not guilty online (actually it might be on paper with TV licence, I don't know I've not seen one yet)

        This could change as the BBC are trying to plug the gap produced by iPlayer and the rest.
        VVV
        Originally posted by for ref later
        From 1 September 2016 you'll need a TV Licence to watch or download BBC programmes on demand, including catch up TV, on BBC iPlayer. Find out more
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Tv Licencing Court Charge

          Originally posted by Amethyst View Post
          @Kati - this is a 'single justice procedure notice' which is a different procedure to civil court proceedings. Basically you can plead guilty or not guilty online.
          aaah

          so ... does the OP need to get a defence together and plead not guilty then :noidea:
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: Tv Licencing Court Charge

            Thank you I will definately making a formal complaint. I have also noticed that they have made up a complete lie that I have a subscription to Talk Talk You View Service! I am with Plus Net and have been for 18 Months!

            I have uploaded the charge sheet, hope I have done correctly.
            Attached Files

            Comment


            • #7
              Re: Tv Licencing Court Charge

              I THINK if you plead not guilty you then are summonsed to court, in the same way as the driving offences on makeaplea.gov.uk - I can't find anything at all to help people in receipt of these SJPN's, no guidance or anything, only discussions had about introducing it via capita on hansard etc.

              On YOUVIEW website it states

              Do I need a TV Licence?

              Yes. You have to be covered by a valid TV Licence if you watch or record any TV as it's being broadcast.
              Presumably it is capable and set up to receive normal TV too - you just don't use that part of it ??
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Tv Licencing Court Charge

                Originally posted by Emmasz View Post
                Thank you I will definately making a formal complaint. I have also noticed that they have made up a complete lie that I have a subscription to Talk Talk You View Service! I am with Plus Net and have been for 18 Months!

                I have uploaded the charge sheet, hope I have done correctly.
                Perfect. Would you be able to scan in the other page too for us - as you might be able to tell this is a pretty new method of dealing with TV licencing issues.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Tv Licencing Court Charge

                  I have also just noticed that there is an extra statement at the back that has been added after the event, stating that I had said that " I recorded programmes" Another lie
                  Attached Files

                  Comment


                  • #10
                    Re: Tv Licencing Court Charge

                    Their version is completely different isn't it. did you point out at the time that Cbeebies was playing through Iplayer? Do you recall what programme was on ? They haven't said what time they visited ( though sounds like it was daytime?)

                    Do you have any copies of your invoices/monthly bills from plusnet that show you only have broadband available to use?

                    The notice seems only to be for a contribution towards TV licence rather than a 'fine'- it is for less than a TV licence would cost too.

                    There's very little info on the letters as to what you have to do next. Is there more to it than those two pages?
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Tv Licencing Court Charge

                      Yes I pointed it out that I was using BBC I Player app to watch Bing as my daughter was watching it, and yes of course the money for Plus Net is taken every month by direct debit. They were told this when they visited. The YOU VIEW Box is a TALK TALK Brand. When they asked abut this I told them I had bought from Ebay and that it was connected to PLUS NET Fibre broadband.

                      Comment


                      • #12
                        Re: Tv Licencing Court Charge

                        No I do not have it connected to an ariel I only have it connected through ethernet. I have contacted the CEO of Capita by email. Awaiting a response.

                        Comment


                        • #13
                          Re: Tv Licencing Court Charge

                          Hi, is this the page you are meaning?
                          Attached Files

                          Comment


                          • #14
                            Re: Tv Licencing Court Charge

                            Definitely a not guilty plea, personally I think the first advisor was correct having an "aerial " does not mean it is being used to view live TV.
                            Plus a hefty compliant to the head of the gestapo as [MENTION=49370]Kati[/MENTION] suggests.

                            nem

                            Comment


                            • #15
                              Re: Tv Licencing Court Charge

                              Capita Agents get "extra" for obtaining convictions - hence the £120 they claim as costs in every case - many times if challenged they will fold at or before Court. They get many convictions by using non-resident addresses for many defaulters who only know they have been done when the Bailiff turns up.

                              Comment

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