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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
    • If Labour are elected I hope they go after everyone who made huge amounts of money out of this, by loading the company with debt. The sad thing is that some pension schemes, including the universities one, USS, will lose money along with customers.
    • What's the reason for not wanting a smart meter? Personally I'm saving a pile on a tariff only available with one. Today electricity is 17.17p/kWh. If the meter is truly past its certification date the supplier is obliged to replace it. If you refuse to allow this then eventually they'll get warrant and do so by force. Certified life varies between models and generations, some only 10 or 15 years, some older types as long as 40 years or maybe even more. Your meter should have its certified start date marked somewhere so if you doubt the supplier you can look up the certified life and cross check.
    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • We have finally managed to obtain the transcript of this case.

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TV license enforcement visit


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However the arguements TVL make are that if you went and purchased a years licence - you'd then be paying for 12 months in advance

 

Yes but only once it's actually due. You don't have to buy one 6 months before your old one runs out.

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Answer to my own question, weekly makes it seem less for a person who really doesnt need a license other than to avoid harassment.

 

If you don't need a license, you don't need a license! If you capitulate that means that the bullies have won once again. As someone who has been on the receiving end of it I can tell you that all this harassment amounts to is a letter every month. My partner and I used to laugh at what they would send to us, we had more final warnings than you've had hot dinners.

 

Don't give in to them, you have no reason to pay for a license so don't. Unless you are extremely well off I dare say you have much more important things to spend the money on.

 

This forum is about consumers working together and fighting for what is fair and just and not giving in to the corporate and state bullies!

 

Best Regards

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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Am I alone in thinking that at least some of those who have the equipment to watch live TV and say they never use it to watch live TV are not being entirely truthful? Come the World Cup in a month or two, will all these people really not be sitting down to watch it live at home, or will they all be going round to friends or down the pub?

 

Let's keep all this in proportion. We need to be vigilant about encroachment on our civil liberties whoever is in power, but talk about oppressive government in relation to TV licences is way over the top. If anyone wants to know what oppressive government is really like I suggest they come to Spain and talk to anyone over 50.

 

The question I have asked before which no one answers is this: how should the law be enforced? We have a lot of negativity but no positive suggestions.

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I was hardly being negative when I asked a question to start this thread. I have been entirely truthful. I paid the correct fee some time ago and am still being hounded in spite of my efforts to correct their mistakes.

 

How do I think they should enforce the law? Well I wouldn't mind them cleaning up their own act first and leaving the law-abiding alone. I'm getting a bit fed up of having to prove myself innocent to government agencies and utility companies because their 'systems' only allow a presumption of guilt.

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Am I alone in thinking that at least some of those who have the equipment to watch live TV and say they never use it to watch live TV are not being entirely truthful? Come the World Cup in a month or two, will all these people really not be sitting down to watch it live at home, or will they all be going round to friends or down the pub?

 

Let's keep all this in proportion. We need to be vigilant about encroachment on our civil liberties whoever is in power, but talk about oppressive government in relation to TV licences is way over the top. If anyone wants to know what oppressive government is really like I suggest they come to Spain and talk to anyone over 50.

 

The question I have asked before which no one answers is this: how should the law be enforced? We have a lot of negativity but no positive suggestions.

 

No live cup in my house, booo, yuk cant stand football. Once innocently honestly, I was just niave was asked to not tell someone the score, I said there were no goals, just repeated chat from a colleague. I didnt realise the goals were the score as never watched or listened to football and was not a popular bunny for a while:cry:

 

Took two weeks to get a smile from this person:shock: It was the final of the champions league apparantly, I didnt know what it meant. Suprised still left alive according to chumbs xx

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TVLA could better enforce the law but I wont tell them how lol As for football, I'm a 24 year old male and I cannot stand it. Absolutely love cars but just cannot do football. I've tried to be interested in it but it just doesn't happen for me lol!

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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I've been getting the letters as well as I bought my tv online and had it delivered here (that was creepy btw - but whatever, besides the point). I went online and filled out the declaration that I don't watch any broadcasted content, ever, in any medium, which is true. My question is this: What are the chances that an officer will pay a visit, and how to I prove I don't watch broadcasted tv? the aerial is there but its not connected to anything...

 

Maybe depends how board they are :lol:

 

You will also receive letters saying you should call them to arrange a visit :eek:

 

I've heard of a few people who do this without problem :D

 

How I understand it on a compliance visit, if they don't believe you it's up to them to prove you are set up to receive a TV signal by making the equipment work. It's the same when they raid your house with a warrant :eek: You can tell if they have a warrant as they have to be accompanied by the police to keep the piece :lol:

 

As for all this TV resistance m'larky about withdrawal of access etc. It's like waving a red rag at a bull :lol: The harder you push the more they'll think you've got something to hide therefore.... :lol:

 

I would take the advice of not signing anything as this is the main weapon they use to secure your conviction in court.

 

Maybe someone more knowledgeable on the law could comment on that as I'm unsure of legal issues or ramifications if it got brought to court :!:

 

Call me paranoid but signing a form which you do not receive a copy of which can be used against you in court. Then handing that to somebody who earns commission for the number of people they catch :?: Yes I believe everything I read on the internet :x

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I found the way to avoid problems is to let TV licensing know the reason why you do not need a TV License and follow any advise they give.

 

The TV Licensing Web Site is now very good - look at the Check if You need One tab on the home page.

 

The procedures for visits have been released under the Freedom of Information Act and are available on whatdotheyknow.

 

See: RFI20080690: TV LICENSING VISITING PROCEDURES.

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tv licensing site is alright, it confirmed as long as this and that did not need license The problem is the people or dept who try and presuade all to get license, they are on commison and when I emailed them on concerns that they assume the ownership of a telly, means you must be using it, they didnt reply.

 

The info given on the site can be contradicted in a court of law as I think others have said earlier in that own a telly considered likely receiving live transmision when in fact using dvd or games console not live.

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I found the way to avoid problems is to let TV licensing know the reason why you do not need a TV License and follow any advise they give.

 

I can't do that. I do need one and I have one. They sold it to me and no amount of reasoning on my part seems to get this simple fact recognised. I have phoned repeatedly but still get the threatening letters, last one last Saturday. I've given up and await the visit.

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  • 2 weeks later...

Quick question: I recently contacted TVL to get a license and requested to pay monthly, this is the response:

 

Unfortunately, it is now too late to join any of our budget payment schemes for this year. This is because of the time that has passed since you needed to obtain a TV Licence. We can only accept applications to join these schemes for a limited time.

 

A TV Licence should now be purchased expiring June 2010. The current fee for a Colour TV Licence is £145.50.

 

However, once you have bought a new TV Licence, you may wish to pay for future licences in easy payments by Direct Debit. An application form can be obtained by contacting us on 0300 790 6063

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

What they are saying is that I need to pay £145 to obtain a tvl for 1 month then buy another one. I responded saying that I am away a lot so only need one now and they have asked for dates. I have responded by stating that I have been comming and going but not specific.

 

What should i do as this is rediculous

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I think you'll find they're backdating to when your last licence expired. It would be correct that they would not allow monthly payments as your licence needs to cover FORWARD usage, not back (in arrears).

 

Until/unless you can provide them with satisfactory dates of when you were using the property (not when you were watching) they'll go back to the last expiry. You avoid this problem if it is your first licence, but it still has to be paid in advance.

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thank you for the response.

 

Surely it's for them to prove that I have been using a tv not me to prove i wasn't. I don't mind paying for a years license but not two in 13 months.

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No, this is a common misconception. The licence isn;t to WATCH the TV, but provides 'permission to install recieving apparatus'. Folk get bogged down with whether aerials are connected and evidence of being seen watching live TV, but the Act stipulates it is the ability to receive (Communications Act 2000) so, by asking for dates, they are actually being very accommodating and reasonable. Even if you weren't at home - your licence permitted you to install the apparatus.

 

By disabling/removing the TV tuner, you don;t have the applicable equipment, and can reject any assertion by them that a licence may be required.

 

HAVE they backdated it to your last licence expiry? That would explain your problem.

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I am always amused by the letters tv licensing send and of being under investigation. My theory is that these letters go round in a certain way and then the cycle starts again. It is often tempting to enquiry of them the result of there investigation. My opinon is they make it up as they go along..

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You are right, there is a TVLRO fan website where all the letters are scanned and available to view in PDF format. Yes, they rotate in a cycle of 10-12, and they do make it up as they go along, as their reason for existing is to get payment for the licenced address.

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  • 1 month later...

Such a useful thread :) I moved flats recently and I received letter addressed to "present occupier". The situation is that my landlady left me TV set that I don't use. I can get rid off it but will be a hassle, as I don't have a car I am not keen on paying for a taxi just take rubbish TV set back to her place. Alternatively can ask her to do that but don't want to bother her too much, long story. In a word, would you advise me just to ignore the "present occupier" letters or rather shall I fill in the online declaration? If I'm going to fill it when can I expect that enforcement visit?

Regards

Huski

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What are the chances that an officer will pay a visit, and how to I prove I don't watch broadcasted tv? the aerial is there but its not connected to anything...

So let me ask, any visits from smiling TV licence staff since your post?

Regards

Huski

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By making the declaration, the flood of letters will stop, but they will want clarification - and you may be subject to a random check visit for the same purpose when an agent is in the area.

 

If they are given access, any undue prominence of the TV you have will be looked with suspicion. If it is in the loft or in storage, less so (but still a risk if it works), until the digital switchover (unless a Freeview set).

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Thanks for prompt reply :) I was just wondering, in which case I'm running higher risk of the enforcement team knocking on my door? There is a wee loft in the flat by I'm afraid that the TV set won't fit through the hole in the ceiling.It's not flat screen, just old 32" CRT. If hiding is the last resort I can try to put it there but frankly I would rather avoid that. If I damage it my deposit money will be affected :(

Regards

Huski

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If all it needs to view is to turn it on, then you remain at risk (under the Comms Act 2002). There are tales of TV's with tablecloths at a bowl of fruit on them to suggest no viewing takes place! Ownership of the TV is immaterial, but you might argue the landlord was responsible as you don't use it.

 

If you do not respond, the letters will get sent monthly followed by a visit - but if you don't have the equipment, you can rest easy. Alternatively, if you can disable it in some way (more than removing the fuse in the plug) you can assert it doesn't work and therefore with no viable TV, no licence is required.

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