TV License/ Single Justice Procedure Notice

[BearAtItAgain]

Hi guys,

 

Sorry if this is in the wrong place.

 

We didn't notice our TV License payments had stopped going out the account, fair cop, had a visit and arranged a payment card.

 

Made a couple of payments as arranged, lost my job, cut out TV use* and started having letters from Akinika.

 

While waiting for benefits to come through (a saga in itself),

I advised them of the job loss,

and they set it aside for 14 days while the JSA claim went through.

This was later August, and the claim took longer than expected.

 

I have written several times asking to then to agree to a repayment plan for the outstanding owed, and the fact we no longer use/stream/record TV. No response.

 

Today I've received a SJPN summoning me to court for non payment, and I'm looking at how to proceed:

 

As far as I was aware, this was still with Akinika.

We informed them the was not Tv use several times, lost job = cut backs at home.

They've addressed it to the wrong person, surname is right, no idea where they got the first name from.

Doesn't bear any resemblance to mine or my partner's name.

 

Any advice appreciated.

 

*Has been used only for consoles since. No mobile streaming either.

 

(If I'm slow to reply this afternoon, appointments and school run)

Edited November 7, 2017 by BearAtItAgain

[AndyOrch]

HI BearAtItAgain and welcome to CAG...the following may be of interest on the procedure of the SJP

 

http://www.counsel.direct/news/2016/6/14/single-justice-procedure-notice

 

https://kidwellssolicitors.co.uk/news/2015/08/03/the-new-single-justice-procedure/

 

Regards

 

Andy

[Bailiff Advice]

 

We didn't notice our TV License payments had stopped going out the account, fair cop, had a visit and arranged a payment card.

 

Made a couple of payments as arranged, lost my job, cut out TV use and started having letters from Akinika.

 

I have written several times asking to then to agree to a repayment plan for the outstanding owed, and the fact we no longer use/stream/record TV. No response.

 

Today I've received a SJPN summoning me to court for non payment, and I'm looking at how to proceed. As far as I was aware, this was still with Akinika.

 

Any advice appreciated.

 

I am sorry to be the bearer of bad news, but you have two separate problems here. So as to not confuse (and to help others who may visit this thread in the future), I will address each one.

 

Firstly, you had a personal visit at your property some months ago from a TV Licence Enquiry Agent. At that visit, you would have been interviewed by that person regarding the existence (or more to the truth, non existence) of a TV Licence. You would have been presented with a form to sign. That form is then used as a Prosecution Statement for the purpose of prosecuting you for using a TV without a valid licence. I have assisted with many hundreds of enquiries about these offences and it never ceases to amaze me that people not only willingly sign this document without reading it.....but fail to also take a copy (using a mobile phone for example).

 

Next, at that particular visit, the TV Licence Enquiry Agent would have asked you to sign a direct debit form for the purchase of a NEW licence. That particular TV Licence would not be backdated.

 

In your case, because of your financial situation, you were only able to make a few payments for that NEW licence and accordingly, the debt has been passed to Akinika Debt Recovery Limited. They are the only licensed debt collection agency that is authorised to collect payments on behalf of TV Licensing. Its important that you understand that Akinika are in no way connected with the non payment of a previous licence.

 

The Single Justice Procedure Notice is in relation to the OFFENCE of using a TV without a valid licence. You absolutely must make sure that you return the form back to the court. The notes supporting the SJPN are very detailed and easy to understand but if you have any queries, please do post back.

 

The form asks whether you wish to plead guilty or no guilty. Please do not make the mistake that many people do with these forms and plead not guilty. You would need to plead guilty. The reason for this is because at the time of the visit by the TV Licence Enquiry Agent, you would have (I assume) confessed to using the TV without a licence .......and furthermore, would have signed the statement to that effect !!!

 

PS: In this post, I have assumed that the SJPN is addressed to you....I now realise that it is your partners debt.

[Bailiff Advice]

 

They've addressed it to the wrong person, surname is right, no idea where they got the first name from.

 

Doesn't bear any resemblance to mine or my partner's name. Any advice appreciated.

 

The details for the name and address should be the same as that on the form that your husband signed in the presence of the TV Licence Enquiry Agent. You need to make enquiries about this. Did your husband by any chance keep a copy of the statement that he signed?

[BearAtItAgain]

The details for the name and address should be the same as that on the form that your husband signed in the presence of the TV Licence Enquiry Agent. You need to make enquiries about this. Did your husband by any chance keep a copy of the statement that he signed?

 

This is what mystifies us, everything else was in the right name when dealing with Akinika. I'll check if the statement is about later.

 

HI BearAtItAgain and welcome to CAG...the following may be of interest on the procedure of the SJP

 

http://www.counsel.direct/news/2016/6/14/single-justice-procedure-notice

 

https://kidwellssolicitors.co.uk/news/2015/08/03/the-new-single-justice-procedure/

 

Regards

 

Andy

 

Thanks for the links!

 

Baliff Advice, I'll look through your longer post and come back to you.

[BearAtItAgain]

Hi Baliff,

 

Very informative, thank you. Yes it is for my partner.

 

On the visit, the agent didn't sign us up to a DD, he asked how we wanted to pay; and arranged a card/payment date. He did suggest DD would be a cheaper option.

 

He advised us it would cover the payments missed via our original DD. And when Akinika got involved, they advised they were to collect the balance for the license for the year, which included our original missed couple of DDs and when the job was lost.

 

We're not looking at contesting it, as that seems a bit pointless, although we were advised elsewhere just to send it back blank because of the name (surely they'll just amend it?)

 

My partnerer spoke to the clerk at the court in question today and they advised a quick return, outline everything re job loss etc and buy a new license, which I've already done. Then hope you get a magistrate in a good mood.

 

They also said chances are, first offence, will be a small fine and costs to about £120. He advised there shouldn't be a mark on record that shows via a 5 year checkable history in this case. Can that be confirmed as so far I've found answers in both camps.

 

Cheers to both of you, so much appreciated.