How can TV Licensing prove you are watching TV? It's an age old question and one we hear on a fairly regular basis.
The honest answer, which TV Licensing would prefer people didn't know, is "with great difficulty".
Every TV Licensing prosecution hinges entirely on one piece of evidence: the completed TVL178 Record of Interview form. This form, which we have previously discussed at length, is a contemporaneous record of the dialogue between a TV Licensing goon and the occupier of the unlicensed property they are visiting.
In order for a prosecution to take place, the TVL178 Record of Interview form must contain either of the following crucial nuggets of evidence:
In order for a prosecution to take place, the TVL178 Record of Interview form must contain either of the following crucial nuggets of evidence:
- An admission by the occupier that they are receiving TV programmes (or BBC on-demand programmes) without a valid TV licence: This can only arise if the occupier makes an unguarded admission to a TV Licensing goon.
- An observation by the TV Licensing goon that TV programmes (or BBC on-demand programmes) were being received at the unlicensed property: This can only arise if the occupier allows the goon entry to the property.
A TV Licensing goon will start completing the TVL178 Record of Interview the moment they establish that they are talking to a normal adult occupant (ideally one whose name is known) and no TV licence is held for the property. The fact the occupier might not legally need a TV licence is of no relevance to TV Licensing - the second the occupier confirms "yes, I live here" and "no, I don't have a TV licence" the goon will caution them and start to record their answers/comments as evidence.
As every TV Licensing prosecution depends on a completed TVL178 form, it follows that no prosecution can arise if TV Licensing is deprived of the information needed to complete the form. By far the easiest and most effective way of doing this is for the occupier to say nothing and immediately close the door on any TV Licensing goon that visits their property. The occupier should never, ever allow a TV Licensing voluntary access to their property.
TV Licensing goons are rarely candid about their true identity, but there are certain tell tale signs to look out for. We recommend that the occupier is extremely guarded in their comments to any unsolicited cold caller on their doorstep. The occupier should seek to confirm the identity of any such visitor at the earliest opportunity.
One of the main weapons in TV Licensing's arsenal is its propensity to spread bullshit for the purposes of deterrence. In particular, TV Licensing gets good mileage out of the following widely propagated myths:
- That not needing a TV licence is somehow unnatural and contrary to the rules of society.
- That it has a massive database containing the TV licence status of every property in the UK: In reality anyone could buy the same Royal Mail Postcode Address File and they'd probably do a much better job of keeping it updated than TV Licensing does.
- That it has an elite squad of door knocking goons working around the clock to bring TV licence evaders to their knees: In reality there around 300 door knocking goons across the whole UK and they only work at certain times of the day.
- That the use of detector vans is widespread and routine: In reality detection can only be used in extremely limited circumstances to identify properties for closer investigation. Furthermore, as exclusively revealed by the TV Licensing Blog back in 2011, detection evidence has NEVER been presented in court during the prosecution of an alleged TV licence evader.
- That the use of search warrants is widespread and routine: In reality a search warrant can only be obtained in limited circumstances, when TV Licensing satisfies the court that such a warrant is necessary and proportionate in order to gain access to a property. Our experience is that TV Licensing tends to use warrants as punishment against what it perceives as "awkward customers".
If you remember that TV Licensing can never be trusted and always speaks with a dishonest forked tongue, then you'll not go far wrong!
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