TV Licence...court summons!

whatanidiot

I received a court summons for non payment of the TV licence in the last house I was renting. The date it's stating is May in which I was still living there but was in the process of moving out because I couldn't afford it. I moved home to my parents but I forwarded my mail from the old address for a few months until I could sort everything. My Dad signed for the registered letter this morning. I didn't see the point in paying for a TV licence when I wouldn't be living there, plus I couldn't afford it even if I'd wanted to. I still had to pay rent up until June for my lease to be finished but my name was still on the lease until July as I left and my house mate just took the deposit as the last months rent. Am I completely screwed? :(

Our man in Havana

You are guilty. Go to court and beg for mercy.

mcmoustache

By a TV license now for the period when you should have had it and the judge will probably go easy on you on your day in court.

Now, if I may ask a hypothetical question to our panel here:

If a person is summoned to court over a lack of a TV license, can the defendent apply for costs if it has been demonstrated that there was no TV in the house and no license was needed?


I ask because a few years ago, a friend of mine was summoned to court. The inspector just asked her for her name in the hall of the apartment complex and didn't bother to ask whether or not she had a tv. She had to take a day off work to go to the court near Smithfield on nothing more than an assumption on the part of the inspector. Fortunately, she had a copy of a letter to UPC stating that she wanted to cancel the TV package as she did not have a TV and wouldn't need it.

What bugged me was that it seemed like a TV license inspector can just drag someone into court without any evidence that the person has a TV. It seems like an abuse of the legal process. I took time off work to go with her as she was foreign and I saw others there who had no tvs either but had to go to court to tell a judge that. A working day can be worth a lot so I was wondering if that can be recouped in the event that the suit was spurious?

Our man in Havana

You don't get costs here in criminal cases.

mcmoustache

Thanks OMIH.

That bugs me about the tv license. It seems to exist in a legal limbo between criminal and civil law. From my limited experience, the AGS and DPP need some kind of reasonable suspicion to haul a person into court and the burden of proof is with them. Regarding the TV license, there appears to be an assumption that everyone has a tv and defendents need to prove that they don't. It's a bit arse-backwards and turns its collection into a fishing expedition.

noelo

whatanidiot wrote: »

I received a court summons for non payment of the TV licence in the last house I was renting. The date it's stating is May in which I was still living there but was in the process of moving out because I couldn't afford it. I moved home to my parents but I forwarded my mail from the old address for a few months until I could sort everything. My Dad signed for the registered letter this morning. I didn't see the point in paying for a TV licence when I wouldn't be living there, plus I couldn't afford it even if I'd wanted to. I still had to pay rent up until June for my lease to be finished but my name was still on the lease until July as I left and my house mate just took the deposit as the last months rent. Am I completely screwed? :(

You will get a fine of 200 euro and will have to buy the licence, but buy it now and bring it with you. Theres no way out of it really, they dont listen. Meybe next time give a fake name when he calls around and then call up 3 months later saying your a new tenent and giving another fake name and so on and so forth, this is the only way to wriggle your way through that law. They say there there is device that detects a TV in your house but this is a mith, but beware you need a licence for tv, laptop, PC, radio, internet radio and any electronic device that is capible of receiving a telegrapy signal and displaying it in some shap or form. Just bite the bullet and dont get caught again, be smart. Hope this helps.

Reloc8

Our man in Havana wrote: »

You don't get costs here in criminal cases.

Actually you can and ordinarily do have costs ordered against you if convicted by an authority who is not the DPP in a non legal aid case. You can also seek costs in the District Court against such an authority if not legally aided.

In the higher courts I.e on indictment an acquitted accused who is not on legal aid can get their costs against any prosecutor including the DPP although such cases are rare.

MidlandsM

Your Dad signed for the summons............you are in the clear.

Reloc8

Eh no Order 10 Rule 5 District Court Rules covers that - service is valid.

emanresu

noelo wrote: »

......, but beware you need a licence for tv, laptop, PC, radio, internet radio and any electronic device that is capible of receiving a telegrapy signal and displaying it in some shape or form. ........

You don't need a tv licence for a radio.
You don't need a tv licence for a computer unless it has a tv tuner card installed. So you don't need a licence for internet radio or for watching programmes on RTE Player etc.

nuac

Write to the solicitor who issued the summons - usually the local state solicitor setting out the circumstances. Summons may be withdrawn.

Dermighty

whatanidiot wrote: »

I received a court summons for non payment of the TV licence in the last house I was renting. The date it's stating is May in which I was still living there but was in the process of moving out because I couldn't afford it. I moved home to my parents but I forwarded my mail from the old address for a few months until I could sort everything. My Dad signed for the registered letter this morning. I didn't see the point in paying for a TV licence when I wouldn't be living there, plus I couldn't afford it even if I'd wanted to. I still had to pay rent up until June for my lease to be finished but my name was still on the lease until July as I left and my house mate just took the deposit as the last months rent. Am I completely screwed? :(

I put a strikethrough on all the irrelevant information in your post.

The parts in bold are what matters, legally.

You didn't pay it and you caught.

As an aside: I think the tv license is robbery and just another empty tax, I can't stand terrestrial tv and I watch all my shows online so there is no advertising and I also get to watch them when I want. I own a tv license for a tv I only use because I have a Mac mini connected to it.

Pkiernan

Did you or your landlord own the TV set?

My understanding is that the LL is responsible for the TV license if he/she supplied it with the rented property.


While you may have owned/leased a decoder set/satellite dish, neither of these components are capable of displaying a picture, and therefore, imo, not subject to being licensed.

If you owned the TV, then as disgusting as the notion of a TV license is, you are required to buy one.

Victor

Pkiernan wrote: »

My understanding is that the LL is responsible for the TV license if he/she supplied it with the rented property.

No, it is the occupant, who isn't necessarily the owner that is responsible.

daltonmd

whatanidiot wrote: »

I received a court summons for non payment of the TV licence in the last house I was renting. The date it's stating is May in which I was still living there but was in the process of moving out because I couldn't afford it. I moved home to my parents but I forwarded my mail from the old address for a few months until I could sort everything. My Dad signed for the registered letter this morning. I didn't see the point in paying for a TV licence when I wouldn't be living there, plus I couldn't afford it even if I'd wanted to. I still had to pay rent up until June for my lease to be finished but my name was still on the lease until July as I left and my house mate just took the deposit as the last months rent. Am I completely screwed? :(

Did you call the number on the letter? This happened to me last year, July I think. My licence had expired the previous December , I spoke to a very nice lady who gave me details of where to send a payment. I did this and the date was struck out. As I recall it ended up costing me less than had I paid in the first place!!

OP, call the number or contact the TV licence department. Don't ignore it, they will sort it out.


daltonmd

ResearchWill

Our man in Havana wrote: »

You don't get costs here in criminal cases.

In the District Court you are correct, as the Rules do not allow it, but in the Circuit Court costs can be given in certain circumstances.

Doyler82

Hello all

Need some help

This morning I recieved a court summons for tv license that was not paid between 29th june 2013 to 8th october 2013.... I did pay my tv license on the 9th october 2013 and is due for renewal in september which I will renew!1!.....What is my next best course of action.....Will be emigrating to canada in the next couple of months and defo want to sort this out in proper fashion !!

Has anyone else gone through the same experience ??

Thank you

B

Doyler82

Hello all

Need some help

This morning I recieved a court summons for tv license that was not paid between 29th june 2013 to 8th october 2013.... I did pay my tv license on the 9th october 2013 and is due for renewal in september which I will renew!1!.....What is my next best course of action.....Will be emigrating to canada in the next couple of months and defo want to sort this out in proper fashion !!

Has anyone else gone through the same experience ??

Thank you

B

blackis200

noelo wrote: »

You will get a fine of 200 euro and will have to buy the licence, but buy it now and bring it with you<<Recommendation of illegal action deleted>>. Theres no way out of it really, they dont listen. They say there there is device that detects a TV in your house but this is a mith, but beware you need a licence for tv, laptop, PC, radio, internet radio and any electronic device that is capible of receiving a telegrapy signal and displaying it in some shap or form. Just bite the bullet and dont get caught again, be smart. Hope this helps.

<<Mod
Post deleted. Advocating illegal action.

IRAC War

Doyler82 wrote: »

Hello all

Need some help

This morning I recieved a court summons for tv license that was not paid between 29th june 2013 to 8th october 2013.... I did pay my tv license on the 9th october 2013 and is due for renewal in september which I will renew!1!.....What is my next best course of action.....Will be emigrating to canada in the next couple of months and defo want to sort this out in proper fashion !!

Has anyone else gone through the same experience ??

Thank you

B

Instruct a solicitor to appear on your behalf.

RossieMan

I'd be hoping they have it sorted seeing as it's a ghost thread.

brian_t

IRAC War wrote: »

Instruct a solicitor to appear on your behalf.

That poster probably gets his legal advice from Boards.ca at this stage.

nuac

RossieMan wrote: »

I'd be hoping they have it sorted seeing as it's a ghost thread.

Mod
An old thread alright, but recently revived regarding a new prosecution