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Tips for Avoiding TVL/BBC harassment

 

There are two schools of thought.
1 - No Contact

Simply ignore TVL/BBC. Their letters are computer-generated and sent out by the hundred-thousand. The purpose of these "official warnings" and threats of "imminent legal action" is psychologial rather than actual. Once this is realised, the letters cease to have any effect or credibility.

The same applies to street visits. If someone called at your door and asked to see whether you had a washing-machine or a food-mixer, would you let them in? Of course not, so why permit TVL/BBC to look for a TV, video or DVD player? People who work for TVL/BBC have no more right to enter private residences than people selling dusters.

Without entry, TVL/BBC have no sure means of knowing whether a house has equipment set up to receive broadcasts. That is why they rely on mass mailshots, declaring messages such as, "This is your final warning". They rely on householders' own reaction to these letters, and on self-incrimination during street visits. Without YOUR co-operation, TVL/BBC is impotent.

What about search warrants? Before a search warrant can be issued, TVL/BBC must satisfy the court that they have "reasonable grounds" for believing that broadcasts are being received at the unlicenced address. The simple absence of a licence does not constitute this, nor does the householder's refusal to communicate with TVL/BBC. To obtain a search warrant, TVL/BBC must offer the court positive evidence, such as seeing or hearing a television, or the householder's own admission. Without such evidence, TVL/BBC cannot apply for a search warrant, and without a search warrant, they cannot enter. So, they are back to square one.

The "no contact" method is therefore to ignore the letters and to keep the door shut to TVL/BBC visitors. A drawback of this approach is that TVL/BBC will keep coming, but the benefit is that it wastes their time and money: every £100 spent chasing "no contact" households is £100 less spent on the BBC itself. And that can only be a good thing.

2 - Implied right of access

For some households, letters and visits are not an option. Fortunately, there is a way to stop TVL/BBC approaches. Although houses and flats are private property, there exists an "implied right of access" to enable postal deliveries, newspaper rounds, etc.

This means that the pathway, doorbell and letter box may be used by visitors without the express permission of the owner. Invitiation to use them is implied. As a result of this, TVL/BBC can come up your path and ring your door bell. To prevent TVL/BBC approaching your property, write to them, stating that you have withdrawn their implied right of access.

There is no need to indicate whether you have a television, and you do not need to give your name. You can withdraw access in the name of "legal occupier". That will (should) keep their employees away, but it will not stop the delivery of TVL/BBC letters, since it is the postman who uses your letter box. So, inform TVL/BBC that you consider their written contact as harassment.

This combined approach - withdrawing the right of implied access and informing them that their actions are harassment - should prevent further contact. At least for a while.

Other information

The less TVL/BBC know about you the better, so here are some more ideas to keep them off your back:

i) Be mindful of what information you give retailers. Retailers are required to pass names and addresses to TVL/BBC of all customers who buy a television, DVD or video player. TVL/BBC then use this information to update their mailing database.

ii) If you move house, do not inform TVL/BBC. There is no legal obligation to do so.

iii) Important: make sure your TV is not visible through the window, or audible from the letterbox. While there is nothing unlawful about having a television without a licence, TVL/BBC will automatically assume that it is receiving broadcasts.

iv) TVL/BBC sometimes send letters by recorded delivery, requiring your signature. This enables them to confirm your identity and update their database. They also hope that signing for an "official warning" will give you a fright. So, ask to see where a recorded delivery has come from before signing. If it is from Bristol BS98 1TL, refuse it (keep a note of TVL's address by your front door for easy reference).

v) TVL/BBC sometimes phone people up. If a caller asks for you by name, ask who is phoning before confirming your identity. If the reply is "TV Licensing" or similar, replace the handset. Do not engage in conversation. If you give your identity, it enables TVL/BBC to update their database.

vi) Beware dirty tricks. For instance, a caller pretending to do a survey; "Have you got a music centre?", followed by, "Have you got a TV?", or "What's your favourite TV programme?" Always confirm the identity of the caller.

Thanks to BBCTVLicence.com for this information.

 

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