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TV licence summons to wrong person?

  • 26-06-2014 5:19pm
    #1
    the deftone
    Registered Users, Registered Users 2 Posts: 317 ✭✭


    Ok so I got a tv licence summons to my house. But the thing is its for my mother...

    So what happened was my mam was at my house feeding my cats while I was away, she opened the door to some guy, said I wasnt home. He asked for her name but told him she did not live there. He took it anyway. Fast forward a few weeks I get a letter for my mother to sign for. Thought it was odd but signed for it since it had my mams name on it. Turns out its a summons for her to appear in court over an unpaid tv licence. Thing is Im not in the new house long and thought I had time to get one, clearly not.

    Can anyone offer advice as to what i should do next?

    Thanks


Comments

  • #2
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Does your mother have a TV licence at her own address (assuming she needs one)? If so, she should just go to court with her licence or exemption. In the meantime, tell her to stop answering questions asked by strangers.


  • #3
    the deftone
    Registered Users, Registered Users 2 Posts: 317 ✭✭the deftone


    Nope she doesnt have a tv. And even if she did I wouldnt want her to have to go to court over this nonsence.


  • #4
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    the deftone wrote: »
    Nope she doesnt have a tv. And even if she did I wouldnt want her to have to go to court over this nonsence.

    There is an easy solution to that so


  • #5
    ezra_pound
    Registered Users, Registered Users 2 Posts: 2,497 ✭✭✭ezra_pound


    godtabh wrote: »
    There is an easy solution to that so

    What's that?


  • #6
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    If you signed for the summons and she does not attend then a warrant could be issued for her arrest.


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  • #7
    jh79
    Registered Users, Registered Users 2 Posts: 8,314 ✭✭✭jh79


    the deftone wrote: »
    Nope she doesnt have a tv. And even if she did I wouldnt want her to have to go to court over this nonsence.

    You could just buy a tv licence for your house.


  • #8
    mezuzaj
    Closed Accounts Posts: 176 ✭✭mezuzaj


    the deftone wrote: »
    Ok so I got a tv licence summons to my house. But the thing is its for my mother...

    So what happened was my mam was at my house feeding my cats while I was away, she opened the door to some guy, said I wasnt home. He asked for her name but told him she did not live there. He took it anyway. Fast forward a few weeks I get a letter for my mother to sign for. Thought it was odd but signed for it since it had my mams name on it. Turns out its a summons for her to appear in court over an unpaid tv licence. Thing is Im not in the new house long and thought I had time to get one, clearly not.

    Can anyone offer advice as to what i should do next?

    Thanks

    Pay the TV licence. And bring it to the court. Say its nothing got to do with your mother.


  • #9
    jh79
    Registered Users, Registered Users 2 Posts: 8,314 ✭✭✭jh79


    mezuzaj wrote: »
    Pay the TV licence. And bring it to the court. Say its nothing got to do with your mother.

    The summons is scrapped once a licence is associated with the address as far as I know. No need to go to court.


  • #10
    Grab All Association
    Registered Users, Registered Users 2 Posts: 3,926 ✭✭✭Grab All Association


    Little CuChulainn wrote: »
    If you signed for the summons and she does not attend then a warrant could be issued for her arrest.

    Well as she doesn't live there the warrant would be pretty much void.

    OP you know what I would do. As this is An Post's mistakes your mum should attend the court and explain this. Very easy to prove and the case will be thrown out immediately meanwhile you yourself get a license or at least set up a direct debit mandate to pay by the month at €13 and keep evidence of this photocopies/postal certs.

    Then get your mum to take a case to the small claims court billing An Post for the loss of wages reasonable expenses fuel lunch etc


  • #11
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Chris___ wrote: »
    Well as she doesn't live there the warrant would be pretty much void.

    OP you know what I would do. As this is An Post's mistakes your mum should attend the court and explain this. Very easy to prove and the case will be thrown out immediately meanwhile you yourself get a license or at least set up a direct debit mandate to pay by the month at €13 and keep evidence of this photocopies/postal certs.

    Then get your mum to take a case to the small claims court billing An Post for the loss of wages reasonable expenses fuel lunch etc

    What makes you think An Post are to blame? The op accepted service for his mother at that address. And what exactly is a void warrant?


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  • #12
    the deftone
    Registered Users, Registered Users 2 Posts: 317 ✭✭the deftone


    Yeah I have no problem buying the licence. Its my mother being summoned to court that Im concerned about.


  • #13
    jh79
    Registered Users, Registered Users 2 Posts: 8,314 ✭✭✭jh79


    the deftone wrote: »
    Yeah I have no problem buying the licence. Its my mother being summoned to court that Im concerned about.

    Once you buy the licence the summons will be scrapped.


  • #14
    Grab All Association
    Registered Users, Registered Users 2 Posts: 3,926 ✭✭✭Grab All Association


    Little CuChulainn wrote: »
    What makes you think An Post are to blame? The op accepted service for his mother at that address. And what exactly is a void warrant?
    He asked for her name but told him she did not live there.

    She told him she DID NOT LIVE AT THE ADDRESS gave her son/OPs name and he still put the summons in her name.

    An Posts fault


  • #15
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Chris___ wrote: »
    She told him she DID NOT LIVE AT THE ADDRESS gave her son/OPs name and he still put the summons in her name.

    An Posts fault

    Most people tell the tv licence man they don't live where they are. The op shouldn't have accepted a registered letter addressed to someone who didn't live there. Simple really.


  • #16
    Grab All Association
    Registered Users, Registered Users 2 Posts: 3,926 ✭✭✭Grab All Association


    Little CuChulainn wrote: »
    Most people tell the tv licence man they don't live where they are. The op shouldn't have accepted a registered letter addressed to someone who didn't live there. Simple really.

    The onus is on the inspector to prove she is lying not to just assume she is. I find with An Post these days they just remove the bar code and post it in the letterbox on some registered letters. Also they have no proof the OP gave this summons to his mother.


  • #17
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Chris___ wrote: »
    The onus is on the inspector to prove she is lying not to just assume she is. I find with An Post these days they just remove the bar code and post it in the letterbox on some registered letters. Also they have no proof the OP gave this summons to his mother.
    They don't need proof, they have his signature. He is now responsible for the delivery of the letter to his mother.


  • #18
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Chris___ wrote: »
    The onus is on the inspector to prove she is lying not to just assume she is. I find with An Post these days they just remove the bar code and post it in the letterbox on some registered letters. Also they have no proof the OP gave this summons to his mother.

    The court doesn't require that. The judge will only look at the fact that the summons was accepted by her son at that address. Sure the prosecution can be cancelled but the warrant will either have to be dealt with by execution or by an application to the court. Warrants don't just get voided by a turn of events, a judge has to cancel them or a Garda has to execute them.


  • #19
    the deftone
    Registered Users, Registered Users 2 Posts: 317 ✭✭the deftone


    So guys any advice on what I should do now? Buy the licence and ring them and tell them the situation?


  • #20
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    the deftone wrote: »
    Yeah I have no problem buying the licence. Its my mother being summoned to court that Im concerned about.

    Buy the licence. Send a photocopy of the licence and an explanatory letter to the address at the top right hand corner of the summons. Do that today.


  • #21
    ezra_pound
    Registered Users, Registered Users 2 Posts: 2,497 ✭✭✭ezra_pound


    mrsbyrne wrote: »
    Buy the licence. Send a photocopy of the licence and an explanatory letter to the address at the top right hand corner of the summons. Do that today.

    This is completely wrong.


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  • #22
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    ezra_pound wrote: »
    This is completely wrong.

    Why so?


  • #23
    ezra_pound
    Registered Users, Registered Users 2 Posts: 2,497 ✭✭✭ezra_pound


    mrsbyrne wrote: »
    Why so?

    The mother is being summoned to court for not having a TV licence on a particular date. That is the offence. Getting a TV licence now does not change the fact that the offence has been committed, it just prevents another second prosecution.


  • #24
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    ezra_pound wrote: »
    The mother is being summoned to court for not having a TV licence on a particular date. That is the offence. Getting a TV licence now does not change the fact that the offence has been committed, it just prevents another second prosecution.
    The mother should go to court and say that she doesn't live there and doesn't have a TV. I assume she's not old enough to get the free TV licence.


  • #25
    mikepike2000
    Registered Users, Registered Users 2 Posts: 1 ✭mikepike2000


    HI All - QQ - I got a letter in the post to The Occupant + half my address missing. Surly they cant take 'further action' if they dont know my name + address ?.


  • #26
    schemingbohemia
    Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    mikepike2000 wrote: »
    HI All - QQ - I got a letter in the post to The Occupant + half my address missing. Surly they cant take 'further action' if they dont know my name + address ?.

    So even though there was only half an address on the letter it still got to the correct location? You, the occupant, opened it.

    Just buy the licence.


  • #27
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #28
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    No legal adive etc. Even for bloody tv licenses.


This discussion has been closed.
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