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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i had a visit from the tv licence enforcing officer. in june.

Customer Question

i had a visit from the tv licence enforcing officer. in june. i explained i believed had a valid licence.. as i a debt collecting agency (iqor)based in preston was collecting an outstanding amount in this matter. although it was dated dec..the letter said "not to contact the TV licensing regarding this matter,
i never caught up the the payments,, however no one told me my licence had been cancelled.
the officer said they "dont use outside collecting agencies"
anyway i agreed to set up a new direct debit there and then and made the ist payment of £29 approx.
i received a letter to say i would not be prosecuted.for failing to have a current licence.
i received a notice at the end of Aug to say my new licence had expire on 31 aug due to the d/debit being unpaid. i have now just received a summons from the original visit in june. i havent used a tv since that date.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Do you have it in writing that you would not be prosecuted please?

Customer: replied 3 years ago.

yes ,,although ill have to locate the letter, i dont normally throw anything away,also they have written to me to ask if im using a set, which im not.

it was my son who used to watch tv,,but is now away at uni,

i cant really afford a licence hence i had to cancel the d/d,

im under a dmp with stepchange and have more pressing debts

Expert:  Ash replied 3 years ago.
The offence is simple, you either had a licence in force at the time or you did not. If you failed to pay by DD then it is your fault it is not in force and they do not need to tell you they have cancelled it.

However you may have an abuse of process argument if they said they would not prosecute and they have. You can show the Court the letter and ask them to stay proceedings.

Can I clarify anything for you about this today please?

Customer: replied 3 years ago.

ill plead not guilty in that case an wait for a hearing date. would it be advisable to write to the tv licensing and argue this before the case in order

for them to withdraw the charges? or would that be jeopardising my case,

also i realise you cant predict anything as such...but what is the likely fine for an early guilty plea? or a subsequent found guitly?

ty for your help. ps i havent found the letter it may be i thought that was the end of it....


Expert:  Ash replied 3 years ago.
Yes I would contact TV licencing before hand. If they said they would not prosecute and they do, this could be an abuse.

I can't say what the fine would be for a guilty plea as this is related to your income. There would be reduced costs of say £85 and a victim surcharge.

If you are found guilty, the fine is a bit higher, but costs could be around £500 or so.


Customer: replied 3 years ago.

Ok thank you for your advice and information.i will rate your response as excellent.ill wait and see what the response is from the tv enforcement,

If the case was dismissed after attending a hearing, for the reasons you mentioned i guess i wouldnt have to pay costs?

i really cant be risking getting into further financial difficulties.

So fingers crossed we may not have to get that far. sorry i couldnt offer more.regards Andrew Palmer,

Expert:  Ash replied 3 years ago.
You are correct, if dismissed no costs would be payable.

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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Customer: replied 3 years ago.

i returned the summons indicating my intention to plead not guilty....

in the reasons why section i entered "abuse of process"

they have since written to me and advised they intend to apply to withdraw the summons and that I need not attend court on the 20th feb which was the original hearing date.

the letter is typed but not signed? im going to re check that the summons withdrawal still stands.

Expert:  Ash replied 3 years ago.
Yes the withdraw still stands.