Never complained about the TV licence...until now

magick · 30 Aug 2012 at 21:22

estebanrey said:
Eh? The Communications Act 2003 is the law????

No it's a contractual agreement that comes under the law of contracts not common law. The law of contracts works differently to common law, in short you can only be in breach of a contractual law if you admit liability. Just because the BBC wants you to think you'r liable doesn't mean you are liable.

Defiant1337 · 30 Aug 2012 at 21:27

estebanrey said:
What is certainly true is that if Defiant1337 has gone for 21 years without a licence and owned a TV for that time he was certainly breaking the law for most of that time.

Coming up or 22yrs now and breaking ZERO laws, YOU are the only one who is pushing the misinformation.

So now you've said the BBC website is wrong, the Directgov site is wrong and no doubt this TV Licence Goon who makes sure the TV isn't setup to receive "LIVE" feeds is wrong.................but you are right :rolleyes:

estebanrey · 30 Aug 2012 at 21:29

magick said:
No it's a contractual agreement that comes under the law of contracts not common law. The law of contracts works differently to common law, in short you can only be in breach of a contractual law if you admit liability. Just because the BBC wants you to think you'r liable doesn't mean you are liable.

An Act Of Parliament (a statute) is a law, I'm nor arguing about this because it's just silly.

In fact statutory law overrides common law when there is an overlap....

English courts recognise the primacy of statute law over common law where the two overlap. So, for example, in the criminal law case of R v. Rimmington (2005) UKHL 63 Lord Bingham said "Where Parliament has defined the ingredients of an offence . . . it must ordinarily be proper that conduct falling within that definition should be prosecuted for the statutory offence and not for a common law offence"

http://en.wikipedia.org/wiki/English_law

And I'm talking about 'contract law' I'm talking about the Communications Act 2003, nothing to do with contract law...

http://en.wikipedia.org/wiki/Communications_Act_2003

estebanrey · 30 Aug 2012 at 21:32

Defiant1337 said:
So now you've said the BBC website is wrong, the Directgov site is wrong and no doubt this TV Licence Goon who makes sure the TV isn't setup to receive "LIVE" feeds is wrong.................but you are right

No, I've said what they say is correct but is only answering specific questions about the law and not covering the whole thing.

I'm not talking to you anymore, you are clearly a WUM who's only tactic seems to be to keep repeating the same rubbish and willifully ignoring what I've said so you can keep knocking down strawmen.

I'll say it one last time and then I'm out. Yes it is illegal to watch live or simulcast TV without a license (I have never claimed it wasn't no matter how much you keep saying I am) BUT IT IS ALSO against the law to install or own a Television Tuner (so every CRT TV made basically) without one AS WELL.

I am quoting the whole law, you are quoting a small part of it.

Defiant1337 · 30 Aug 2012 at 21:37

estebanrey said:
you are clearly a WUM

You've been blown out of the water by everyone here but just not man enough to admit the truth so resort to insulting people.

estebanrey said:
who's only tactic seems to be to keep repeating the same rubbish and willifully ignoring what I've said so you can keep knocking down strawmen.

You mean I gave you the FACTS which are adhered to by British Courts like this HIGH COURT decision, NO CASE TO ANSWER

http://www.thurrockgazette.co.uk/news/9867463.Man_wins_TV_licence_battle/

Keep being pedantic, people can now see what the actual facts are though.........................waits for him to say the JUDGE is wrong now too LMFAO

Infidelus · 30 Aug 2012 at 21:50

Many years ago there used to be a clause in the TV licence agreement that if you so much as OWNED a VCR, you had to have a colour TV licence. At this point in time, we had only ever had a B&W licence and subsequently only had a B&W TV.

That particular nugget forced us (well, my mother) to pay about 3 times as much for the licence as there was no way I was getting rid of my VCR

To be fair, and as I had a mini-rant (mostly to myself) about the waste of money that is the TV licence fee, I was unaware (because I hadn't actually looked - more fool me) that they'd changed the licencing laws to allow ownership if you weren't plugged into a tuner/aerial.

As far as I still knew, ownership of a telly meant you had to have a licence, and if memory serves, you have to agree that when you purchase a new TV - from a brick and mortar shop anyway. I'm sure something was mentioned when I bought my last one, although they may have just asked for my address details.

estebanrey · 30 Aug 2012 at 21:55

Infidelus said:
Many years ago there used to be a clause in the TV licence agreement that if you so much as OWNED a VCR, you had to have a colour TV licence. At this point in time, we had only ever had a B&W licence and subsequently only had a B&W TV.

That particular nugget forced us (well, my mother) to pay about 3 times as much for the licence as there was no way I was getting rid of my VCR

To be fair, and as I had a mini-rant (mostly to myself) about the waste of money that is the TV licence fee, I was unaware (because I hadn't actually looked - more fool me) that they'd changed the licencing laws to allow ownership if you weren't plugged into a tuner/aerial.

As far as I still knew, ownership of a telly meant you had to have a licence, and if memory serves, you have to agree that when you purchase a new TV - from a brick and mortar shop anyway. I'm sure something was mentioned when I bought my last one, although they may have just asked for my address details.

Don't mate, you'll likely to get attacked by Defiant1337 and his inability to read what the Communications Act 2003 says. But yes you are right essentially....

Section 363: Licence required for use of TV receiver

762.This section prohibits the installation or use of a television receiver without a TV licence issued by the BBC, and makes it an offence, punishable by a fine, for any person to:

install or use a television receiver without a TV licence; or

have a television receiver in his possession or under his control, intending to install or use it without a TV licence, or knowing (or having reasonable grounds for believing) that another person intends to install or use it without a TV licence.

Source: http://www.legislation.gov.uk/ukpga/2003/21/notes/division/5/4

As pointed out on the other page, nowadays you can get TVs which are practically monitors as they don't contain a tuner and with them you can tell the TVLA it's being used as a monitor and not need one, but if it contains a tuner (as nearly all TVs did for the last 50 years) then you do need one just to own one.

Defiant1337 · 30 Aug 2012 at 21:59

Yep it seems the Judge must be wrong too :rolleyes:

wonder whats in this for him. The guy clearly had a TV and yet your pals at BBC TV Licensing lost

estebanrey · 30 Aug 2012 at 22:02

Michael Shakespeare, from Grays, made sure all his equipment at home could not receive a live TV signal

He had a monitor then effectively, I've been quite clear on the difference between a "TV" (which historical always contained a tuner) and a monitor not covered by the CA2003.

magick · 30 Aug 2012 at 22:08

estebarney for all your rantings

i've paid for a license once in my hole life since leaving home at 18, im 36 now.

simple fact is if you dont admit or denie anything theres nothing they can do.

pooley · 30 Aug 2012 at 22:17

magick said:
estebarney for all your rantings

i've paid for a license once in my hole life since leaving home at 18, im 36 now.

simple fact is if dont admit or denie anything theres nothing they can do.

/Thread

estebanrey · 30 Aug 2012 at 22:22

magick said:
estebarney for all your rantings

i've paid for a license once in my hole life since leaving home at 18, im 36 now.

simple fact is if dont admit or denie anything theres nothing they can do.

Explaining the law isn't ranting. But I don't know why you and Defiant1337 are being so defensive over this.

You're (probably) flouting the law, well done but I really couldn't care less and I've never made a moral judgement on people who refuse to pay for a licence.

the shadow · 30 Aug 2012 at 23:09

Tell them that your name is; `jack sparrow` or even, ` john doe` ! Never tell them your real name. In the `highly unlikely event` they obtain a search Warrant, it will be a summons for your alias

Defiant1337 · 30 Aug 2012 at 23:44

estebanrey said:
He had a monitor then effectively, I've been quite clear on the difference between a "TV" (which historical always contained a tuner) and a monitor not covered by the CA2003.

For Christ Sake, it was a standard TV, the only thing missing was the Aerial. Like we've all been telling you, you only need a BBC TV Licence to watch live feeds.

Explaining the law isn't ranting.

You've not stopped lying

But I don't know why you and Defiant1337 are being so defensive over this

A few people have told you what the actoul law is and included varous valid sources including a Judges decision, thats not defensive its fact.

You're (probably) flouting the law

Oh you've let your true feelings and agenda out again.

I really couldn't care less

You're just having a laugh now aren't you

magick · 31 Aug 2012 at 00:00

BTW Did you guys know that when the license inspector comes you can remove his assumed right of access to your property and ask him to leave. If he refuses to leave you can then have him arrested for trespassing and harrasment.

Things change I've changed · 31 Aug 2012 at 00:01

I have a TV with a built-in tuner, when I moved into my new flat I started getting TV license demand letters, I rang the TV licensing helpline and told them I only use my TV for my games consoles and TV on demand, they asked me if I have the aerial connected and do I watch any live TV by any other means, I said no, I was then registered as not needing a TV license at my new address.

YOU DO NOT NEED A TV LICENCE IF YOU OWN A TV OR DEVICE WITH A TUNER/RECEIVER.

You can ring the TV License Helpline on 0300 790 6079 and find out for yourself.

ANONANON · 31 Aug 2012 at 01:22

Illusion said:
I'd be amazed if Sky don't tell them who they are providing services to? That's an even easier way for them to get evidence you don't have a licence whilst watching TV...!

-Ad- said:
They don't and doing so will be a legal nightmare for them in terms of DPA.

I don't have a sky sub at this house. I'm cs. I know it's dodgy but i'm saving close to £800 a year for what i get instead of paying all that into sky and the license.