TV licence fine and Marston

[Kashinoda]

Alright guys wondering if anyone could give me some advise.

 

I had a knock at the door last year and two guys from TV licensing caught me off guard, I said I watch TV but the house I was staying in apparently didn't have a license. According to my tenancy agreement there should be one license for the property so I showed them this but they gave me a fine anyway.

 

I was planning to dispute the fine but I moved out a month later and forgot about it, this was in September.

 

I get a 'further steps notice' letter a month ago from the magistrates court saying I owe £300 and if I don't pay within 7 days they'll reclaim the money using a bailiff. I phoned them up and explained this was the first I've heard from them, they said I could apply for a statutory declaration due to move of address and the process would start over.

 

I tried to phone and organise this a few times but their phone lines are always busy, they put you on hold for a few minutes then it hangs up.

 

I'm pretty rammed at university right now so I forgot to chase it up, now I have a letter from Marston Baliffs saying I need to pay £390 within 7 days otherwise they will remove my goods. I again phoned the court up today and couldn't get through to organise a statutory declaration, I then went through to the magistrates finance unit and they said tough, you had you chance... its with the bailiff now.

 

Where exactly can I go from here? The fine itself is rubbish, I'm currently bankrupt and a student so there's no way I can pay this fine - and all I own is my computer which I need to work.

 

Any help welcome, thanks.

[brassnecked]

Did you actually have a TV, is there one in the premises? If the only TV is in the communal area, then the licence you showed them should have been OK, it may be worth taking legal advice, about appealing as this looks like it could be a greedy Capita salesman, after some commission.

 

You should take legal advice ASAP, and contact the court to say the premises were properly licenced, and you wish to appeal Did you get a summons?

[Kashinoda]

Thanks for the reply.

 

According to the tenancy agreement there should have been a TV licence for the communal area, when they knocked at my door they phoned in to check and apparently there wasn't one in place. I just told them I watched TV within the premises and that was that, started reading me my rights within no time.

 

I'm happy to appeal the initial fine but I'm not sure how to deal with Marston at the moment. All I've had in terms of communication since the day I was cautioned was a 'further steps notice' and now a letter from Marston, nothing else at all.

 

Is it really too late to do a statutory declaration? Or should I just get hold of the court and say I want to appeal right away.

 

I'm currently in my final month of University so I don't need this stress on top

[brassnecked]

If you had closed the door and refused to be interviewed, by these Capita goons you would not have been prosecuted in all likelihood, there is no law compelling you to speak to TVL or deal with them.

 

Most victims and you are a victim stitch themselves up in that interview "under caution" you don't have to give them. You should never admit to watching TV to one of them.

[Kashinoda]

If you had closed the door and refused to be interviewed, by these Capita goons you would not have been prosecuted in all likelihood, there is no law compelling you to speak to TVL or deal with them.

 

Most victims and you are a victim stitch themselves up in that interview "under caution" you don't have to give them. You should never admit to watching TV to one of them.

 

Which is why I said they caught me off guard, I'm usually pretty good with knowing whats what.

[SWLABR9]

What if they see you're watching through the window though? I know the procedure for not giving them your name or signing anything myself but isn't it all blown away of they just report you directly?

[renegadeimp]

Thats always made me giggle. "under caution" yet they arent really in any capacity of legal authority. Are they court officers? Are they the police? Nope. They are simple muppets hired by a private company who exist solely to make a profit.

[brassnecked]

What if they see you're watching through the window though? I know the procedure for not giving them your name or signing anything myself but isn't it all blown away of they just report you directly?

 

Tyhey can only summos you if you give them your name, or worse still sign the Capita salesmans little interview slip.

 

Best option is take legal advice, and if all else fails contact court and ask to have your means examined, there are others who can give better options all of which will involve offers of payment to court

[Kashinoda]

Thanks for your comments.

 

I have one specific question I'd like an answer to though.

 

Due to the fact I received no paperwork until I eventually received a further steps notice, I was advised by the magistrates finance department to sort out a statutory deceleration. This would in-turn start the entire process again and I would be able to appeal my fine with TV licencing.

 

Because I didn't do this in time, despite the fact I have only ever received a further steps notice - they've thrown it to the bailiffs.

 

Why is it I can no longer do the statutory deceleration? Surely the reason to get one is still valid, i.e. move of address, no communication from anyone.

[brassnecked]

Because you have not done it in time, you only have a limited time allowed to swear the stat dec, after that it is too bad.

[Kashinoda]

Because you have not done it in time, you only have a limited time allowed to swear the stat dec, after that it is too bad.

 

Yeah I've just had a look and the time limit is 21 days.

 

I wasn't informed of a time limit by the adviser in the finance department however, would this be grounds to file for a statutory declaration out of time?

Edited March 28, 2013 by Kashinoda

[matt v atos]

The further steps notice would say contact us 10 working days from this notice will cancel any further steps