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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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