I fought TV Licensing/Capita for years, on principle. Twice I have achieved 'ex gratia' payments from them (£50 each time) as apology for their actions. Again, the fight was on principle so the money was an unexpected bonus.
I have never had a TV licence and won't ever have one. I don't watch 'live' broadcasts or the BBC's catch-up service (BBC iPlayer?), so I don't need one.
Yes, I have a television. Without it I wouldn't be able to be watch DVDs or videos; it's used as a 'monitor' rather than as a television. I don't need a licence.
These are the facts (and I can point to, or provide, proof of each of them):
- The BBC uses a third party private company to collect the licence fee; this is most often (and is currently) Capita but occasionally it's another company.
- As a private company, the employees of Capita have no more rights than any other citizen. They may call at your front door (via the common 'implied right of access', unless you revoke this) and speak to you, but they cannot do more without your express or implied permission.
- If the BBC/Capita (the name 'TV Licensing' is owned by the BBC but is just that: a name, and the third party is given permission by the BCC to use it) alleges that you are watching 'live' broadcasts or their catch-up service without a licence, the burden of proof is on them. That is to say, they need evidence. Without evidence they cannot legally obtain a search warrant and they cannot take you to court.
- The evidence produced in court in these cases is either a signed 'confession' (the interview notes taken at the time by the Capita employee whom you allow into your house to ask questions and 'test' your television and which you are then asked to sign), or a doorstep admission that you have a television and don't have a licence. Either way, it's your signature which convicts you - and you don't have to sign anything.
- Telephoning Capita and/or the BBC, writing or e-mailing either of them, engaging in any way at all with them may or may not stop them harassing you, although only for a while. It's random (see the posts on here...), depending on how your call or letter is handled at the time by the employee concerned. Basically, it's a waste of time. You don't have to interact with these people.
- The BBC/TV Licensing have two ways of assessing whether or not a premises is licensed. Firstly they have a map (it's highly inaccurate) of the country with all the buildings marked on it. This is cross-checked with databases showing ownership/residency details. Secondly they rely on people informing them of having sold receiving equipment (this is not so much used now) and, thirdly, people themselves buying a licence and then stopping. No evidence from the infamous 'detection vans', if these vans actually do anything more than the basic scanning for a signal, is used in prosecutions.
- Sometimes actual licence evaders are caught by a Capita person creeping up to the house and observing through a window or open doorway a television being watched. However this is a dodgy wicket for them, particularly as Capita employees have been caught faking this sort of evidence in the past. However, obviously, if you're watching a television in your house and you don't have a licence you are breaking the law (Broadcasting Act 1990, as amended) and that's another matter.
So your best course of action is to have no dealings with TV Licensing at all, if you don't need a 'television' licence (a misnomer, probably deliberate - you may own broadcast-receiving equipment quite legally without a licence; it's the reception of broadcasts which requires the licence).
Don't respond to their letters, don't telephone them or write to them, don't interact with them on the doorstep.
If a Capita employee comes to your door, simply say something like "Please leave the premises" or "Go away" (or some less polite variant...) and close the door. If they thump on the door or remain on the premises, telephone the police and tell them you are being intimidated by an unknown trespasser; mention if you are particularly vulnerable (if you are: a woman alone, have children in the house, are elderly, are frail or incapacitated, are on medication for anxiety/depression, or suchlike).
Then you have put the ball firmly in TV Licensing's court. No evidence: no search warrant, no court case, no conviction.
If you interact with TV Licensing you will always have them on your back (you might, of course, in any case - but you certainly will if you interact).
If you feel angry, write to the newspapers or try and persuade a consumer affairs programme (possibly not a BBC one...) to take up the matter - they do very occasionally. Just don't do the anger bit in engaging with TV Licensing and/or the BBC - it's bad for your blood pressure.
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