TV Licensing / Implied Rights Of Access Removal

by Winston Thu Oct 06, 2022 9:04 pm

Greetings - after using the Implied Rights Of Access Removal letter with TV Licensing, a friend still got a visit from one of their goons. She did the right thing, told them to leave immediately and shut the door in their face, and has now received a 'you are under investigation' letter.

As the rights of access conditions were breached (as it's clearly stated any appointments should be made in writing) are these clowns now liable for a bill to compensate the distress and harassment?

Any and all advice appreciated.

by **daveiron** Thu Oct 06, 2022 9:31 pm

From trespassing .co.uk

In general, in the criminal sense of the legal word when you trespass to land you may possibly face a tort liability or a criminal charge. However, for the most part throughout Wales and England if you are on land that has a notice posted that trespassers will be prosecuted you will only be in danger of a civil liability unless there is significant grounds for an aggravated trespassing charge.

You could try claiming your fee schedule ,is there a notice posted on the property ?
or if notice was sent via RM ,do you have a copy and or proof of delivery ?

by Winston Fri Oct 07, 2022 1:06 am

Thank you Dave - much appreciated. Alas the lady in question has lost the RM receipt (it was about 2 years ago it was sent) so that's not an option - the Notice is not posted on the property (i.e. not visible).

I think we'll post a subsequent notice with an updated fee schedule and notify them that should another infringement occur (it will be recorded) then a civil claim will be sought as you suggest. My other question about this is - who specifically is liable in this instance? TV Licencing (the 'business') or the man/woman who enters the property (the 'agent')?

Many thanks.

by **assassin** Fri Oct 07, 2022 4:32 am

Look up chilli con carne on You Tube as he hates the BBC with a passion and has lots of videos on how to deal with them.

Their letters mean nothing and many of us have received lots of them so what are they going to investigate and how are they going to investigate? this is the key question as in 99% of prosecutions it is because the people admit the offence and most are women so why do you think this is. Women are easy to bully and if you say nothing and refuse them entry there is nothing they can do so as soon as they knock on her door and she asks who they are and they identify then shut the door and if she can, film them for evidence.

Let me ask a simple question? if a stranger walking past your house knocked on the door and asked to be let in would you let them in? and when they tell you that they cannot be filmed you tell them they are on your property and the law says you can film them so you will. When they say they will call the po-lice then tell them to as its a civil matter and not criminal and the police wont attend.

Look at Chilli.

by Winston Fri Oct 07, 2022 6:44 am

Appreciate the feedback and comments. I concur - bullies will always target what they perceive to be a 'soft target'. It was fortunate for the 'agent' that her husband wasn't home as he is a 'first straw, last straw' man.

My friend is relatively new to all this and thus still has that built-up fear of receiving letters that make 'threats'. She's getting there though - she wants a letter done for her Mother now (who is in her 70's and fuming about being targeted). The Beeb's strategy is failing and so are their agents of misery.

by **daveiron** Fri Oct 07, 2022 8:56 am

If i may suggest, Write to TVL informing them that their agent trespassed
upon the property despite their implied rights of access being with withdrawn 2
years ago in writing and a copy along with proof of delivery is on your file
(they dont know she no longer has it) . Also send another WOIRA.
Make it clear that should they again return ,they will be commiting agravated
trespass which is a criminal matter and action will be taken against not only
their agent but the head of TVL who holds vicarious liability.

She really needs to start keeping documents on file,without them she will be
screwed .
From my experience with several matters video recording every interaction
is essential and can make the diference between success and failure in court.
( being a sad old git ,i never ever go anywhere without at least 1 recording
devise,& it has stood me in good stead.)

by **daveiron** Fri Oct 07, 2022 9:26 am

Just to add , get a notice displayed at the property, Tell her not to worry
about TVL ,they are the easiest scum to deal with, as assassin said ,just
dont let them in.

by Winston Fri Oct 07, 2022 8:21 pm

Thank you Dave - I appreciate the advice - I've drafted a letter for her and she's going to send it and a copy of the original notice to them. These 'agents' are pure scum aye - harassing old people and trying to access their properties, ignoring laws etc.

Thank you again.

by Mobo Sat Oct 08, 2022 9:11 am

I would not recommend telling the scum at the BBC or
tv licence

That you have removed the rights of access.

They are using this to get search warrants from the courts, using the reason that you have done this and must have something to hide

My advice though is not worth much lol

Just bin there letters and don't send back to them RTS
It just let's them no someone is living there.

And if they turn up SAY nothing and close the door.

Thanks

by **assassin** Sun Oct 09, 2022 4:43 am

Mobo wrote:I would not recommend telling the scum at the BBC or
tv licence

That you have removed the rights of access.

They are using this to get search warrants from the courts, using the reason that you have done this and must have something to hide

My advice though is not worth much lol

Just bin there letters and don't send back to them RTS
It just let's them no someone is living there.

And if they turn up SAY nothing and close the door.

Thanks

They will never get a warrant in this way for the following reasons:

If you have something to hide is merely an opinion and nothing else.
Any court, judge, or magistrate must have evidence laid before them.#
Opinions are not evidence, just someones thoughts and no evidence.

If any Judge or magistrate issued a warrant of entry on an assumption they would be guilty of numerous offences and open to a huge claim against them and remember magistrates have to pay for their own liability insurance and any such claim would mean no liability insurance again, no liability insurance means no job as a magistrate.
Perverting the course of justice would totally screw them.

by **assassin** Sun Oct 09, 2022 4:47 am

daveiron wrote:Just to add , get a notice displayed at the property, Tell her not to worry
about TVL ,they are the easiest scum to deal with, as assassin said ,just
dont let them in.

My dogs like both bailiff and TVL rump and little stops them getting some, best when they caught someone in the nads, he wont try to climb the walls again.

by **daveiron** Sun Oct 09, 2022 9:18 am

All i want is to be left alone ,and have achieved that by
1 WOIRA desplayed next to my front door.
2 Notice on door ; Private by appointment only.
3 Notice on letterbox ; No unaddressed items. there is a £40 handling fee
for each unaddressed item ,This forms a tacit agreement.

Result is ,no crap put through my letterbox, no cold callers,official or otherwise.
To stop junk from the postman ,there is a form on the RM website which lasts
for 2 years before renewal. its well hidden on there ,if anyone wants a link,i will
post it.

by Mobo Wed Oct 12, 2022 9:23 am

daveiron wrote:All i want is to be left alone ,and have achieved that by
1 WOIRA desplayed next to my front door.
2 Notice on door ; Private by appointment only.
3 Notice on letterbox ; No unaddressed items. there is a £40 handling fee
for each item unaddressed item ,This forms a tacit agreement.

Result is ,no crap put through my letterbox, no cold callers,official or otherwise.
To stop junk from the postman ,there is a form on the RM website which lasts
for 2 years before renewal. its well hidden on there ,if anyone wants a link,i will
post it.

by Mobo Wed Oct 12, 2022 9:25 am

Please can I have the link?

Thanks

by **daveiron** Wed Oct 12, 2022 11:00 am

https://personal.help.royalmail.com/app/answers/detail/a_id/293/~/how-do-i-opt-out-of-receiving-any-leaflets-or-unaddressed-promotional-material%3F

by Mobo Wed Oct 12, 2022 12:10 pm

Thanks daveiron

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