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Law on Television License payment

  • 15-04-2003 7:49pm
    #1
    Registered Users, Registered Users 2 Posts: 1,011 ✭✭✭


    Does anybody have the lowdown on the Law regarding TV License non-payment in Ireland?
    I have been getting a letter addressed to someone else at my address (Never heard of him) from An Post for the last three years reminding HIM to get a TV license.
    I personally have never been warned by An Post to get a TV license. Could I be immediatly be summoned to court or do I personally have to get an official warning first?.


Comments

  • Registered Users, Registered Users 2 Posts: 10,726 ✭✭✭✭DMC


    From www.oasis.gov.ie

    Penalties
    Conviction for non-payment of a television licence (first offence) is a fine of 634 euro.

    If you are convicted a second time for not paying your television licence, you will be fined 1,269 euro and your television and signal equipment will be confiscated.


    Really, by the law, is the address the licence is registered to, not the person. If you have bought a TV licence to that address since you have moved there, head down to the post office and sort it out.


  • Registered Users, Registered Users 2 Posts: 1,011 ✭✭✭carrolls


    Thanks for the info Damo, Ill probably take a stroll down to the P/O this week, Cheers.


  • Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    "Could I be immediatly be summoned to court or do I personally have to get an official warning first?."

    Depends on if you have a TeeVee or not.

    The authorities are not required to give advance warning if they intend to prosecute those whom break the law... ;)


  • Registered Users, Registered Users 2 Posts: 19,608 ✭✭✭✭sceptre


    Originally posted by carrolls
    I have been getting a letter addressed to someone else at my address (Never heard of him) from An Post for the last three years reminding HIM to get a TV license.
    I personally have never been warned by An Post to get a TV license. Could I be immediatly be summoned to court or do I personally have to get an official warning first?.
    You really shouldn't be reading someone else's post. In the US they've pretty severe laws about that. I'm going to assume we've some law against it here (rather than just the standard theft laws)

    Hence you don't know there have been any notices delivered.

    AFAIK they will always call and have a wee chat first. Or deliver an official notice in your name (but that would require the wee chat to find out who you are). They're not required to but AFAIK they do.


  • Registered Users, Registered Users 2 Posts: 32,417 ✭✭✭✭watty


    Maybe they send a post card so you know what it is when you lift it of the mat.

    It is the Address. We used to move lot and simply got the address on the Licence changed each time.


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  • Registered Users, Registered Users 2 Posts: 2,092 ✭✭✭ShaneOC


    I have sent off a letter of complaint to the Minister regarding the fact that a one year licence is only valid for a year if you buy it on the first day of the month.


  • Registered Users, Registered Users 2 Posts: 3,102 ✭✭✭Genghis


    That is a VERY good point ShaneOC.

    Another issue on the licence fee - have they set up the facility to either pay by the month, quarter or half-year yet? At €150 it is a lot of cash to find in one go, €12.50 a month by DD would be far handier.


  • Registered Users, Registered Users 2 Posts: 2,092 ✭✭✭ShaneOC


    I believe that you can already pay by monthly direct debit.


  • Closed Accounts Posts: 7 lou12


    Hi

    I have just recieved a summons to court for no tv license, i know everybody has to get one but i live on 150 euro a week with a small child and with everything else to pay for this was bottom of my list but now i have been caught. Can anyone tell me if i pay this soon could i possible manage to sort it out without going to court.

    yours thankfully
    stressed out


  • Closed Accounts Posts: 28,128 ✭✭✭✭Mossy Monk


    lou12 wrote: »
    i know everybody has to get one but i live on 150 euro a week with a small child and with everything else to pay for this was bottom of my list but now i have been caught.

    You should have gotten rid of your tv.


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  • Registered Users, Registered Users 2 Posts: 32,417 ✭✭✭✭watty


    Buying a licence immediately would be taken into account. Not having one when you are in court will certainly be worse.


    When we had little money for a while and less inclination to watch TV we cut the plug off the TV and the aerial (mandatory) and stacked the TV in the store room. This will satisfy inspection/having no TV licence. It only has to be unusable, not disposed off. (Sounds a bit like Loyalist weapons decommissioning).


  • Closed Accounts Posts: 7 lou12


    Mossy Monk wrote: »
    You should have gotten rid of your tv.


    well mossy i should have done alot of things but i didnt, but try telling a young boy that we are taking the tele away !! anyway i was caught and i have to face the consequences now so hopefully anyone that reads what i put up will realise that the adds are not there for no reason and that they do catch up with u. Although interestingly enough the summons is to a mr on the front of envelope and not ms so if i had been more awake i wld not have signed for registered post :mad:


  • Closed Accounts Posts: 7 lou12


    watty wrote: »
    Buying a licence immediately would be taken into account. Not having one when you are in court will certainly be worse.


    When we had little money for a while and less inclination to watch TV we cut the plug off the TV and the aerial (mandatory) and stacked the TV in the store room. This will satisfy inspection/having no TV licence. It only has to be unusable, not disposed off. (Sounds a bit like Loyalist weapons decommissioning).




    thanks for that watty u have cheered me up on a day that makes me feel sick to my stomach!


  • Closed Accounts Posts: 1,242 ✭✭✭Ulsterman 1690


    interestingly enough the summons is to a mr on the front of envelope and not ms so if i had been more awake i wld not have signed for registered post

    Actually if you have a good soliciter you might still be able to get the charge struck out on that technicality


  • Registered Users, Registered Users 2 Posts: 32,417 ✭✭✭✭watty


    Actually if you have a good soliciter you might still be able to get the charge struck out on that technicality

    They would of course immediately issue a new summons.

    This is why it is a good idea to go out and buy a licence at once if summoned, as they are likely to drop it.


  • Closed Accounts Posts: 1,242 ✭✭✭Ulsterman 1690


    They would of course immediately issue a new summons.

    Im not sure they would/could for one thing by the time the case had been to court and everything it might be too late to issue a new summons. In any case a soliciter will be able to advise you properly. I have heard of cases regarding far more serious matters thrown out over irregularities/mistakes on summonses

    Although getting a licence at this point is probably a good idea anyway given that the inspectors can always come back at any time


  • Registered Users, Registered Users 2 Posts: 32,417 ✭✭✭✭watty


    Ulsterman 1690 is 100% correct. Never trust the Internet. Use advice from a real Solicitor.


  • Closed Accounts Posts: 7 lou12


    Im not sure they would/could for one thing by the time the case had been to court and everything it might be too late to issue a new summons. In any case a soliciter will be able to advise you properly. I have heard of cases regarding far more serious matters thrown out over irregularities/mistakes on summonses

    Although getting a licence at this point is probably a good idea anyway given that the inspectors can always come back at any time


    thanks for that good advice from both u and watty license is being bought today and i will make an app asap to see solicitor. i will keep u posted up here about what happens. Thanks again for taking interest and replying to my query.


  • Registered Users, Registered Users 2 Posts: 7,138 ✭✭✭snaps


    ive just had a stern letter saying an inspector was around (But never talked to anyone). Apparently he saw a satellite dish in the back garden (He would have to have gone around the back through the gate as it cannot be seen from the front as its low on the ground in the far corner) which is deemed a tv apparatus. The letter was addressed to "The occupier". It says if i dont get a licence in the next 5 days i will be summoned (The occupier). How can the occupier be taken to court? I live in a rented house so the tenancy is always changing? Surely they would have to take a named person to court?


  • Closed Accounts Posts: 1,242 ✭✭✭Ulsterman 1690


    If he was in your back garden without a search warrant he was trespassing and any "evidence" gathered would thus be inadmissable
    he saw a satellite dish in the back garden .....which is deemed a tv apparatus.
    I cant believe there actually a law against having somebody that stupid shot ? :rolleyes:


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  • Registered Users, Registered Users 2 Posts: 1,341 ✭✭✭SPDUB


    If he was in your back garden without a search warrant he was trespassing and any "evidence" gathered would thus be inadmissable

    I cant believe there actually a law against having somebody that stupid shot ? :rolleyes:


    So when are you going to offer up yourself to be shot:D

    The law in the ROI is that an aerial can be considered part of receiving equipment and therefore a licence is required

    Re read what Watty said above when times were hard


  • Closed Accounts Posts: 7 lou12


    snaps wrote: »
    ive just had a stern letter saying an inspector was around (But never talked to anyone). Apparently he saw a satellite dish in the back garden (He would have to have gone around the back through the gate as it cannot be seen from the front as its low on the ground in the far corner) which is deemed a tv apparatus. The letter was addressed to "The occupier". It says if i dont get a licence in the next 5 days i will be summoned (The occupier). How can the occupier be taken to court? I live in a rented house so the tenancy is always changing? Surely they would have to take a named person to court?


    ok one thing i do know for fact is that nobody can enter your premesis without permission. 2nd of all a letter sent to occupier dont worry cos they dont know who u are its just a warning! u cannot be summonsed to court without exact details of ur name and address. i have been to see a solicitor and the very fact that they called me mr instead of ms is enough to have it struck out. but i will say get ur house in order cos i can plea poverty according to solictor, u on other hand might not be able to but only if they catch u red handed. they called me mr louis, right they should have said ms louise i had a lodger here called lewis so my arguement will be lewis used mr and my seconed name and therfore came up with mr louis mulligan. my solicitor now reckons they have not got a hope so dont worry if ur letter says occupant that cld be anyone.


  • Closed Accounts Posts: 7 lou12


    lou12 wrote: »
    ok one thing i do know for fact is that nobody can enter your premesis without permission. 2nd of all a letter sent to occupier dont worry cos they dont know who u are its just a warning! u cannot be summonsed to court without exact details of ur name and address. i have been to see a solicitor and the very fact that they called me mr instead of ms is enough to have it struck out. but i will say get ur house in order cos i can plea poverty according to solictor, u on other hand might not be able to but only if they catch u red handed. they called me mr louis, right they should have said ms louise i had a lodger here called lewis so my arguement will be lewis used mr and my seconed name and therfore came up with mr louis mulligan. my solicitor now reckons they have not got a hope so dont worry if ur letter says occupant that cld be anyone.


    And now that i think about what u have said i wld look out for a burglar.


  • Registered Users, Registered Users 2 Posts: 32,417 ✭✭✭✭watty


    If the gate is not locked, it is not trespass to go and knock Front & back doors. Tresspass is only a civil offence and you have to prove the premises secured. You'd never succeed (in the civil suit) for example if someone walked in through gate and fetched a ball from back garden if nothing was damaged.

    If you have a satellite dish or TV aerial you have to invite the inspector in and show that it could not have been recently connected (end of cable with no plug and not freshly cut) and no operational tuners in PC, setbox or TV.

    If the dish is used ONLY for two way internet and you have no satellite receiver you can get off.

    It is NEVER EVER the landlord that is liable for TV licence, but indeed the "occupier".


  • Closed Accounts Posts: 1,242 ✭✭✭Ulsterman 1690


    SPDUB wrote: »
    So when are you going to offer up yourself to be shot:D

    The law in the ROI is that an aerial can be considered part of receiving equipment and therefore a licence is required

    (sigh)

    a satellite dish is no more "tv apparatus" than a 3 pin mains plug, a piece of coaxial cable or a wire coat hanger. The same goes for an aerial (at least one designed for VHF) for the simple reason that (im going to say this slooowwwwllllllllyyyyy) THEY.....CAN....BE.....USED....FOR....OTHER....THINGS...BESIDES....RECIEVING....TV...SIGNALS

    As Watty has mentioned above one non-TV use which a satellite dish can be put to is satellite broadband but there are several others inculding......

    THIS :)

    Now which family member shall I invoice for the bullets :D


  • Registered Users, Registered Users 2 Posts: 1,341 ✭✭✭SPDUB


    (sigh)

    a satellite dish is no more "tv apparatus" than a 3 pin mains plug, a piece of coaxial cable or a wire coat hanger. The same goes for an aerial (at least one designed for VHF) for the simple reason that (im going to say this slooowwwwllllllllyyyyy) THEY.....CAN....BE.....USED....FOR....OTHER....THINGS...BESIDES....RECIEVING....TV...SIGNALS

    As Watty has mentioned above one non-TV use which a satellite dish can be put to is satellite broadband but there are several others inculding......

    THIS :)

    Note the use of the word can in both mine and your response

    They can think therefore you have a telly and you can point out to them it is for something else


  • Closed Accounts Posts: 1,242 ✭✭✭Ulsterman 1690


    Ummm except thats not what the letter Snaps recieved actually says
    The letter was addressed to "The occupier". It says if i dont get a licence in the next 5 days i will be summoned (The occupier).

    Basically while trespessing in a persons back garden without a warrant they have seen a satellite dish which they assume is being used for recieving TV signals and on the basis of this have sent a letter to his/her house threatening that if they do not take out a TV licence (which the person may or may not actually be legally required to have) that they will attempt to prosecute him/her (presumably once they manage to identify "the occupier").

    If a Police officer were to carry on in this manner they would be up before the Police ombudsman/Garda complaints board pretty quickly. If they were to actually attempt a prosecution on the basis of such flimsy evidence they would get a dressing down from the judge for wasting the courts (and everyone elses) time. If they kept it up they would be sacked for incompetence.


  • Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭Nea


    lou12 wrote: »
    Hi

    I have just recieved a summons to court for no tv license, i know everybody has to get one but i live on 150 euro a week with a small child and with everything else to pay for this was bottom of my list but now i have been caught.

    You may be entitled to a free licence if you are on benefits. Check the oasis.gov website and it may give you some more info


  • Registered Users, Registered Users 2 Posts: 7,138 ✭✭✭snaps


    Ive just brought my TV licence:mad:


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  • Registered Users, Registered Users 2 Posts: 102 ✭✭intothewest


    Hi..very interested in this thread but I'm not sure where I stand in my situation. I am in the process of moving out of an apartment in a building. I haven't been there much over the last two weeks as I am down west now and when I went back at the wend to move my stuff out, there was a postcard type notice thing put in under the door, which was addressed to 'the occupier' and said that a tv licence inspector had failed to gain attention of anyone at this address (because I wasn't there). It also said that they would visit within 7 days (which is today). As I am moving and getting Chorus disconnected, I wouldn't really be too concerned, but the aprartment is my bro in laws and I don't want to land him in any grief. If I ignore it (as I am moved), will there be any repercussions on him?


  • Registered Users, Registered Users 2 Posts: 2 krisey


    Hi everyone, I am still not clear about few things on TV license, so I was wondering could any of you help me with this....

    I have 3 TV's ( 1 is not working) 1 I use for my xbox and the 3rd is connected to sky box....so I pay 70 euro a month for my sky... do I have to pay TV license? because if I dont pay my sky I am not able to see RTE 1 and 2, TV3 TG4 so im thinking that I am already paying for those 4 channels to sky ... why would I have to pay 160 for TV license.....


    Please help.... Do I or Do I not need to pay


  • Registered Users, Registered Users 2 Posts: 2 krisey


    Hi everyone, I am still not clear about few things on TV license, so I was wondering could any of you help me with this....

    I have 3 TV's ( 1 is not working) 1 I use for my xbox and the 3rd is connected to sky box....so I pay 70 euro a month for my sky... do I have to pay TV license? because if I dont pay my sky I am not able to see RTE 1 and 2, TV3 TG4 so im thinking that I am already paying for those 4 channels to sky ... why would I have to pay 160 for TV license.....


    Please help.... Do I or Do I not need to pay


  • Registered Users, Registered Users 2 Posts: 9,313 ✭✭✭Mycroft H


    krisey wrote: »
    Hi everyone, I am still not clear about few things on TV license, so I was wondering could any of you help me with this....

    I have 3 TV's ( 1 is not working) 1 I use for my xbox and the 3rd is connected to sky box....so I pay 70 euro a month for my sky... do I have to pay TV license? because if I dont pay my sky I am not able to see RTE 1 and 2, TV3 TG4 so im thinking that I am already paying for those 4 channels to sky ... why would I have to pay 160 for TV license.....


    Please help.... Do I or Do I not need to pay


    Short answer. Yes you do.


  • Registered Users, Registered Users 2 Posts: 9,841 ✭✭✭lertsnim


    krisey wrote: »
    why would I have to pay 160 for TV license.....

    You have a television.


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  • Moderators, Technology & Internet Moderators Posts: 12,072 Mod ✭✭✭✭icdg




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