court summons for no tv licence

[hypnotic1978]

some time ago a tv licence officer knocked on the door he said to me that i should take a payment card off him to pay for a licence and he said i would pay between 2-3 hundred pound more a year using this card, i said the licence is 146 pound and i would not be paying any more than that and i shut the door. he went to his car then came back to my house and banged on the window, this annoyed me and i ignored him as i would have throttled him had i gone outside, he then continued to bang on the door for few minutes and appeared to be writing things down.

Anyway, ive just recieved a court summons and his statement reckons he cautioned me and then i slammed the door but he did not caution me and he also states i was watching the simpsons on c4 how he can say this on a legal document i dont know, the tv wasnt even switched on and he had no access to my house to see my tv set. i dont deny watching tv without a licence but how can i prove this man is not telling the truth?

[Annoying Twit]

While I'm no lawyer, in theory it should be up to the prosecution to prove their case. It would be interesting to see what has happened in previous cases, but if it comes down to his word against yours, why should his word constitute proof and yours not? In other words, as far as my understanding of the law goes, it should be their task to prove that you are not telling the truth, not vice-versa.

 

Prisoners Voice - The walls have ears we have tongues: TV Licensing abandons case against unlicensed TV owner

 

More information here.

 

Dealing with TV Licensing - the TV licence "police"

 

But since you don't deny watching TV without a licence, where do you want to go with this? Have him convicted for bringing false evidence? In which case, the prosecution would have to win their case, and disprove his claims.

Edited August 24, 2009 by Annoying Twit

[hypnotic1978]

i dont mind being convicted for not having a tv licence, its just that i DO mind having some jobsworth making a false statement against me, he probably did it as i shut the door on him and wouldnt answer the door to him when he was banging on my window, which i think was rather rude.

i would like to have him convicted for bringing false evidence as his statement should be true and instead of it being read out in court would it make any difference if i request for him to give evidence orally in court, could i not have his statement cross examined?

[Annoying Twit]

As I said, I'm no lawyer, so this is just empty theorising. But I think you would need very hard and fast evidence to take to the police/CPS if you'd like the Crown to prosecute on your behalf. And even then they might think it not worth it. A quick google shows that there are some examples of people bringing prosecutions for perjury, but that's a more serious crime (I think) than what you have.

 

Again, I'm no lawyer, but if you're pleading guilty to the charge, where would the opportunity to cross-examine the "inspector" come from?

[electron99]

If he cautioned you, you would have had to sign his form.Did you sign anything? If not tell the court you were not cautioned and didn't sign anything.

[hypnotic1978]

so this licence officer can just say what he likes and is accountable to no-one thats just great.

 

i just thought that these people should be honest, i could change my plea to not guilty (its not been entered yet) and say i have no tv. what then?

[hypnotic1978]

i didnt sign anything, on the bottom of his statement he said i refused to sign

[Annoying Twit]

i just thought that these people should be honest, i could change my plea to not guilty (its not been entered yet) and say i have no tv. what then?

 

Then if you say so in court, you're technically guilty of perjury, which is a serious crime. I don't know what the chances are of you being pulled up on it are, but I wouldn't do it.

 

electron99 mentions the caution not being signed. I don't know if you can make a formal complaint about procedure not being followed, and if so, to whom. But that line might be of most interest. After all, there is now evidence that he said that he cautioned you, but he can't produce the signed form.

[hypnotic1978]

then if thats the case then surely the licence officer is guilty. i will be taking legal advice from a solicitor to see about making a complaint, and if the supposed caution stands

[johnhowell]

When I was caught watching TV without a licence and got a court summons - friends at worked recommended just accept the guilty plea and accept the fine when it arrives (usually the minimum fine). Do not go to the court as, at that time, the magistrates would question the defendant and tear them to shreds and the fine would be increased dramatically.

 

Depends how much hard time you want.

 

John

[deathbycrayons]

Subbing..