To be thinking "what a waste of court time" What would you do?

[fit2drop]

About 5 months ago my DD was looking after her friends child because her friend had been rushed into hospital after being found in a diabetic coma. (actually not sure she was in a coma as I dont understand about diabetes too much but she was desperately ill for a while )Anyway DD stayed with the child who is 2 yrs old as there was no family available to babysit and the child Knows DD and is happy to be with her, though she was upset and crying for her mum.. . Whilst she was tidying her friends flat and collecting some clothes etc for the child a TV licence fella knocks on the door asking questions.
DD said it wasn't her house, he said , you have the TV on, dd said yes, the little girl was watching a child's programme.
The guy asks if the house owner has a license . DD says she doesnt know ,
he takes DD,s name and address, (she lives directly opposite her friend)
He asked again if DD lived there she said NO I'm staying to look after the little girl.
He asked how long for , DD said she didnt know .
Fast forward 5 months.... DDs friend hands DD a letter which had gone to her friends house. It is a court summons for using a TV without a license in my DDs name.
She is being tried at court for this!!
It NOT her home
Its NOT her TV

a copy of the letter she signed (yeah I know she shouldn't have signed it but she had a stressed screaming child and just assumed that the guy had ticked the right boxes and put the right things down)

where it says do you live here , he has written in YES, when in fact my daughter had said she was only there babysitting.
My dd has never NOT had a licence since she moved from her childhood home.

Surely they cannot fine her for her friend not having a license,
How would she know her friend never had one
Do you ask every friend you have if they have a license just in case you get left in their home fr any unforseen reason?/

This is bollocks isnt it!!

Should my DD let it go the distance and see this guy in court (which it says on the papers she can ask to have him there) or should she get in touch with a solicitor which to be fair she really cannot afford.

So is DD's friend, Miss L, now being prosecuted and is this affecting their friendship ?

Or is Miss L a prior occupant of the property ?

Miss L is the friend who was in hospital,
No it hasn't tainted their friendship , though whether it would have if things had continued , who knows?But it is fair to say it isnt the friends fault that the jobsworth man wrote down misleading info.

Miss L is the occupier of the flat.
Miss L is now managing her diabetes better.
No they did not ask for proof of her being in hospital, but IF they had have done then the proof would have been there.

I do not know if Miss L is being prosecuted, though I am sure she will be as she told my DD she had been "caught before"
What that means regarding what happens now I do not know , nor to be frank do I care, my concerns were for my DD.The guy (Sean) has told DD it has been withdrawn , thats enough for us, the rest is up to Miss L to sort out.

I think I understand a little better now ...

Basically, your DD watching Miss L's unlincensed TV does not convert automatically into an offence for Miss L.
Miss L herself had to be watching.

Hence TV licensing tearing their hair out.

Anyone when caught completely red-handed can just simply nonchalantly claim they are neighbours not the occupiers.

Or they can simply give a neighbours name and check the "yes box", and make up a story 4-6 months later.

Especially if they have a joint agreement with the neighbour.
What a farce!

I've always thought TVL should come out of direct taxation.
This just takes the biscuit.

The TVL guy of course should be prosecuted for attempting to pervert the course of justice.:o

Must be

Don't know who typed "must be".

comfy

Thank You, You May Be Right

fit2drop I am glad to hear that your daughter managed to speak to someone with intelligence. I didn't enjoy my experience of defending myself but I am glad I did it. It was very, very stressful though.