TV Licensing Fine I knew nothing about

[Jimmy Neutron]

Hi Guys,

 

In July 2010 I was moving out of my old property due to illness (Skin Cancer surgery etc) and moving back to my parents to recoup orate. Anyway on Saturday while I was uploading the car full of my personal stuff I was visited by one of the TV Licensing "salesmen" who asked if I had a license.

 

I pointed out o him that there is no TV in the property and that I was selling the house, hence the two For Sale signs he was looking at, my front door was wide open so I said to him that he could go in and have a look for a TV as I knew there wasnt one in there The guy declined as he could see that I was actually moving premises hence the nearly full cars. He asked if I knew who was moving in, I advised that it would be empty until the estate agents had sold it. He then said he would notify the TVL that the property is empty and that I had moved. He then asked my to sign a sheet to prove that he had been at the premises. I was never cautioned and the sheet had written on it that the property was to be left empty due to relocation.

 

last week I received an arrest warrant for non payment of fines and was summonsed to attend a court hearing this morning at 10am. To my astonishment when I arrived I was told that it was for non payment of a TVL and I had been fined £175+£60 costs, apparently the case was heard in November 2010. I explained that I had vacated the property in July 2010 and had no knowledge of the hearing or fine The case has been adjourned until 13th Sept as the wish to obtain further info from TVL about the fine, I have been advised that I may have to do a statutory deceleration.

 

I am absolutely livid and embarrassed about this as clearly this TVL "salesman" hasn't said what he said he would do and is clearly working on a commission or bonus scheme. I have sent the TVL an email advising the of the incident and advising that I hadn't lived at the property since July 2010.

 

Is there anything else that I can do, I am crapping myself about this don't want to be sent to prison!!!!

 

Please help

[Bazooka Boo]

Relax relax relax.....

 

Your only mistake here was signing a piece of paper that the salesmen pushed in front of you.

 

A summons is not a demand, it is an invitation, however I will leave the freeman side of things, and try to give you clearer advice.

 

A Statutory declaration is simply a way of setting aside the original proceedings. Clearly it is not fair that you were convicted of an offence that you were not aware of, this will right that wrong.

 

The Court can either void the proceedings altogether or can void the conviction and allow you the opportunity to plead not guilty and contest the matter.

 

As for TVL, that's another argument completely some other sites you might wish to peruse??

 

http://www.freewebs.com/jonesuk/

 

http://www.bbctvlicence.com/

[postggj]

Capita at it again i see

[Bazooka Boo]

Yes it seems so, I was watching a rather good vid on youtube the other night about their "employees" and cold calling people..

[theghost]

Post the video then!

[Bazooka Boo]

It's easily found Ghost.....do a search on you tube or look at http://www.bbctvlicence.com/

[Jimmy Neutron]

Right, update time.

 

Letter received from TVL saying they have investigated this matter and their officer has recorded that I admitted to using a TV without appropriate license and that my description of events was at variance with this record. In other words they are saying I am lying!!!!

 

I have emailed them back and asked for a copy of this record of interview and also advised that at the time of the visit I was merely collecting rest of my personal belongings and that no TV was in the property, I can show new address details as I have letters from the CSA and also a Family Court application/proceedings showing my new address.

 

What else can I do? Please advise.

 

regards

[seen this before]

never have anything to do with them or ever sign anything.its been termed fruits of the poisonous tree.

 

this reminds me of a story i was reading

 

http://www.guardian.co.uk/money/2011/aug/20/tv-licensing-mum-favour-court

[Jimmy Neutron]

Hi guys can someone have a look at this Statutory Declaration as the Courts have asked me to do one.

 

 

I:

MrXXX XXXX of: XXXXXXXXXX

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

I had no prior knowledge of any correspondence from Gateshead & Blaydon Magistrates Court following an offence for “use of a television set without a license”. From information provided to me on Tuesday 23rd August 2011 by the South Shields Magistrates Court I am informed that a hearing for this matter was held in my absence on 4th November 2010 where I was fined £175 with costs of £60. The reference number for this case is: XXXXXXXXX

 

AND THAT:

 

Notification of this fine first came to my attention on 13th August 2011 when I received an arrest warning for a warrant issued on 9th August 2011. I telephoned the courts on 15th August 2011 to be told that this warrant had been withdrawn but I must attend a hearing on 23rd August 2011 at 10am.

 

I would like to advise the Court that I moved out of the address of XXXXXXXXXX in July 2010 due to a family breakdown and illness. My address was then XXXXXXXXX; I had an application for a contact order through the family courts at the same time. The reference number for this case is: XXXXXXXXX. In addition, I have also been suffering from depression after a bereavement for which I was receiving medication.

 

My financial position is that I am currently in receipt of benefits and that I have been making payments of £10 per fortnight to the courts for what I thought was a motoring offense from 23rd July 2010.

 

I genuinely do not remember receiving documentation concerning this fine.

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

DECLARED AT:

 

SIGNED:

 

DATE:

 

Before me:

 

Solicitor/Commissioner for Oaths:

 

 

Do I need to add anything else?

 

The officer who visited me didnt even come onto my property we had a discussion in the street about it all. Really Really worried about this

 

any help would be great

[seen this before]

alleged offence might have been better, disgraceful story from this capita.

 

Edited August 29, 2011 by seen this before

[speedfreek]

Hi I can't answer your question although there seams to be a Statutory Declaration template thread located here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?165753-MAGISTRATE-COURT-FINES.-Template-of-a-Statutory-Declaration.

 

If you are not getting very many responses it might also help if you asked an admin to move it to different section of the forum. You do this by the little triangle symbol at the bottom left of posts called report post and asking nicely.

 

Prob one of the debt section sub forums.

 

You might get a better response from Crapita/TVL by sendinbg them a SAR Subject Access Request. There's a template on here somewhere and further advice on the debt forums which are worth a look at.

 

Good luck with this as it absolutely stinks to high heaven.

[Bazooka Boo]

Yes use the link speedfreek posted and look at tomtubbys post about statutory declarations.

[Jimmy Neutron]

Right just an update, I have attended court again this morning and done my SD. The courts have now set this aside, so I just need to wait and see if there is any comeback from the TVL people. What should I do if they do try again and take me to court?

[rebel11]

Thread moved to the correct forum.

[Bazooka Boo]

I wouldn't worry about it, cross that bridge IF you come to it, in the meantime arm yourself with the plethora of information regarding TVL and their methods which you can find all over the net, if you want any specific links, then I will be more than happy to oblige.

[Jimmy Neutron]

Right just to update

 

On 13th Sept I attended court and did a Stat Declaration. The judge was happy to set this aside as I could show that I was no longer at that address. Just have to wait and see if any further comeback from TVL Do they have a time-scale to respond?

 

thanks for everyone's help

[Bazooka Boo]

I have no idea, but you can bet your bottom dollar they will harass you at your new address.....hope you have a licence for your washing machine and food mixer!

[Jimmy Neutron]

ha ha they have no comeback for that as I already have a license for the TV anyway