# Court summons for no tv licence



## jillyb (17 Jan 2022)

So back in August a TV licence inspector called while I was working from home. I only answered as I was waiting on a package.

We don't have Virgin or sky etc so I told him that although we still have a TV set that we don't use. I also said we aren't here long and are moving soon. He said you'll probably be ok but can he take my details to show he'd visited the residence.

I didn't want to give him my name so I gave him a fake name as didn't fully believe him when he said we probably wouldn't need one.

A letter came in the post a while ago to get one in fake name which I ignored.

Today a registered letter was put through our letter box with a court summons in the fake name.

Should I ignore it or mark the letter that this person is no longer at this address and pop in a post box or what?


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## skrooge (17 Jan 2022)

I think you should get a TV licence. Sky, Virgin etc. Didn't matter... You've an "idiot  lantern" in the corner so you are obliged to have a licence.



			General TV Licence FAQ's
		


Whatever about the so called "previous occupant" why go through the court summons process again. The property is on the radar.


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## jpd (17 Jan 2022)

How soon is "Moving soon"?


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## Leo (17 Jan 2022)

jpd said:


> How soon is "Moving soon"?


I'm presuming that piece of information was also a lie.


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## Leo (17 Jan 2022)

jillyb said:


> I didn't want to give him my name so I gave him a fake name as didn't fully believe him when he said we probably wouldn't need one.


Given that you didn't believe him, why didn't you buy a license at the time? Would have taken the property off their hit list. 



jillyb said:


> Should I ignore it or mark the letter that this person is no longer at this address and pop in a post box or what?


Are you renting or do you own the property?

Unless you're moving, it may be difficult to evade this lie. Even if moving, the landlord/ future owners will likely receive any further correspondence and they may pass on your details.


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## ClubMan (17 Jan 2022)

You should ignore any correspondence and when they eventually get you to court in your real name demand to see the judge's oath and tell him that you're the king and he's your employee. Works every time.


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## jillyb (17 Jan 2022)

We are actually moving (to a different county) but it's been pushed out for another 6 months. We own the property and will be renting it out.

I was just wondering if there is anything they can really do seeing as the summons isn't in my name.

That person could have been here and now is gone. TV licence inspector is hardly going to remember what I look like. Yes in hindsight I probably should have gotten a licence after the visit but I thought we'd be gone sooner.


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## Leo (17 Jan 2022)

jillyb said:


> I was just wondering if there is anything they can really do seeing as the summons isn't in my name.


When your made up identity doesn't show up in court, a judgement will likely be issued, when that comes to be served your story might unravel. 

If you are going to pretend that the person was renting the house, I presume you don't have an RTB registration to back that story up.


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## noproblem (17 Jan 2022)

If you own the property (I think) it's you that needs to have the TV licence. 
In the case of the summons that came, it has nothing to do with you, but unless you're exempt from having a TVL I'd be getting one now.


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## _OkGo_ (17 Jan 2022)

jillyb said:


> Should I ignore it or mark the letter that this person is no longer at this address and pop in a post box or what?


That'll end badly for you. You are the owner with no record of renting the property to anyone, let alone the fake name you provided. 

Just pay it now for this property and pay it again in your new property. When you do rent the property, it'll be the tenants obligation


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## MrEarl (17 Jan 2022)

Get a licence, go to Court and tell the truth - tell the Judge that you paniced when you were caught, it was stupid, and that you are sorry. Show that you have since bought the licence.

My personal opinion is that your are extremely unlikely to be sentenced to prison time, assuming this is your first offence; but you may be fined, or given community work to do.

Whatever the outcome of the court case, just remember, it would have ultimately been worse for you, if you didn't turn up, and the judge ordered the Gardai to go find you, only to then discover that you have a false name, and then didn't take the opportunity to be honest, when you had the chance.


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## Brendan Burgess (17 Jan 2022)

MrEarl said:


> Get a licence, go to Court and tell the truth - tell the Judge that you paniced when you were caught, it was stupid, and that you are sorry. Show that you have since bought the licence.



Very good advice. 

If you don't do that, you may go to prison and they won't like it if you give the Governor a false name.

Brendan


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## Baby boomer (17 Jan 2022)

MrEarl said:


> Get a licence,


That's good advice.  Buy the licence, better still get your partner / housemate to buy the licence.  Keeps your name out of things.  That, and returning the letter "not at this address" probably kills the matter stone dead. 



MrEarl said:


> ....go to Court and tell the truth - tell the Judge that you paniced when you were caught, it was stupid, and that you are sorry.


 That is dreadfully bad advice!   It's the prosecution's job to prove every element of a criminal offence, in this case possession of a television set without a licence.  You're under no obligation to hand them the proof on a plate.



MrEarl said:


> .....
> My personal opinion is that your are extremely unlikely to be sentenced to prison time, assuming this is your first offence; but you may be fined, or given community work to do.


Your personal opinion happens to be right but not for the reason you think.  The OP *can't* be sentenced to prison or community service!   The Broadcasting Act provides for a fine only, prison is not an option.  (Unless a court imposed fine is unpaid.)



MrEarl said:


> Whatever the outcome of the court case, just remember, it would have ultimately been worse for you, if you didn't turn up, and the judge ordered the Gardai to go find you, only to then discover that you have a false name, and then didn't take the opportunity to be honest, when you had the chance.


Theoretically, the case could go ahead with the fake name being called in Court and nobody to answer the charge.  Theoretically, a bench warrant could be issued in the false name.  Theoretically an avid, enthusiastic Guard could follow up and discover that the false name is actually your alias.  Theoretically, that Guard could take a statement from the TV licence inspector identifying you as the person who admitted to possession of the TV set.  Theoretically, the guard could arrest you on foot of the bench warrant and bring you before the Court to answer the charge.  Theoretically, his Sergeant or Inspector might think this is a good use of Garda resources.  

The reality is likely to be different.  Just buy the goddamn licence!


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## MrEarl (18 Jan 2022)

Baby boomer said:


> That is dreadfully bad advice!



You've clearly never heard the saying about honesty being the best policy


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## jillyb (18 Jan 2022)

Thanks everyone for all the advice.

So I'm thinking the best thing to do is get a licence in either myself or my husbands name.

Should I wait a couple weeks so it doesn't look suspicious I bought one as soon as the summons arrived or get it right away as it could look like we moved in recently and when the summons arrived we said we'd better get one asap?

Then there's the matter of the summons letter...no one signed for it, could be because of covid they don't ask for people to sign letters.

Will I mark not at this address or something along those lines aswell and pop it in the post box or just leave it altogether? If I wait a couple weeks to get the licence then I need to wait to send the summons letter off too which may look odd.


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## ClubMan (18 Jan 2022)

Buy a license now and wear a disguise for the next 6 months just in case.


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## AndroidMan (18 Jan 2022)

jillyb said:


> Thanks everyone for all the advice.
> 
> So I'm thinking the best thing to do is get a licence in either myself or my husbands name.
> 
> Should I wait a couple weeks so it doesn't look suspicious.......



The advice seems to be that you should not break the law and buy one now.
Not sure if this site is where you should be seeking advice on how to break the law. The Mods should pick up on this.


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## Leper (18 Jan 2022)

I'm a former TV Licence Inspector. 

1. Somebody signed for the registered letter.
2. It is confirmed that there is a TV set in your residence.
3. You gave a false name.
4. The loss of revenue regarding the licence is still increasing on your address and therefore remains within the "radar."
5. You must hope the Inspector won't be proactive in chasing arrears (on loss of revenue). If he/she is, you have a "situation" on hands.
6. I suggest you buy a television licence immediately under your real name. Suddenly, the loss of revenue may be discarded by the inspector and he/she will be happy with the "kill." You can hope for this and likely will happen. 
7. You don't need a police record for falsifying information. The repercussions can be much more serious than not having a TV licence. 
8. Renew your TV licence early when it expires next year. 
9. Somebody is complaining that this forum should not be used for such stories. This forum goes beyond the story and offers good advice.


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## NoRegretsCoyote (18 Jan 2022)

A reminder that you are under no legal obligation to provide any information to a TV license inspector or to let them into your dwelling without a warrant.


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## Steven Barrett (18 Jan 2022)

Give up on the "it's not in my name" nonsense. If that worked, everyone who got arrested would lie about their name and get away scot free. 

You should actually worry about it. The judge will take a dim view of you giving a false name. You've been caught without a licence, buy a new one immediately, say you are sorry, say you panicked when you gave a false name and are sorry for that to. Judge may give you a fine/ poor box contribution.


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## Leper (18 Jan 2022)

NoRegretsCoyote said:


> A reminder that you are under no legal obligation to provide any information to a TV license inspector or to let them into your dwelling without a warrant.


NRC is right. The last thing you need is somebody visiting your home with a warrant. There must be a Garda presence when the warrant is produced. If the visit leads to prosecution, the expense of the issue of the warrant, Garda presence, extra TV Licence Inspector attendance etc may be relevant in the amount of the possible fine. 

Remember it is just a TV Licence issue nothing more. There are people who for whatever reason protest by not buying a TV licence. They get their day in court and are usually fined more than Joe Soap who merely played TV licence roulette and lost. 

My advice to anybody in JullyB's situation is to just get a TV licence - You're worth it!


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## Brendan Burgess (18 Jan 2022)

We are happy to advise people on how to comply with the law and how to rectify a breach of the law.

But I think this is going over the boundary so I am closing the thread.

Brendan


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