UK: Am I within rights to take "Tv licensing" (BBC) or Capita to a small claims court?

Question

The issue is regarding harassment by companies attempting to enforce TV licensing on behalf of the BBCs "Tvlicensing" brand, namely Capita who enforces it.

On the first visit to the property a full inspection of televisions was allowed as to prove there is no live broadcasting going on (The only requirement under the Communication Act 2003 for a television license). I then verbally issued that I wish to withdraw implied right of access to any employee acting on behalf of Capita.

I put this is in writing on 25 September, 2012 (confirmed delivery) several weeks later, as well as phoning (which I recorded) that I withdraw all implied right of access (meaning prior permission is required to access my property) and further I do not require a TV license, therefore under their own policy this should put a stop to contact by letter for two years.

I also issued a fee in my letter, regarding visiting costs in order to attempt to deter future visits which are legally unsound. The fee therefore issues a charge against Capita and its private employees or anyone working on behalf of TV-licensing enforcement (of which I have recorded all, and took details) for my time in taking part in their inquiries as they are a private company with no rights to legal enforcement without obtaining a warrant against my address, which I know requires evidence in application of, and not just non-cooperation.

My question is, if I have recorded evidence (including phone calls) that they have noted this policy of mine regarding fees charged, as well as noted that I have withdrawn right of access (therefore breaking common law), will I be able to take Capita or TV-licensing to a small claims court?

Since withdrawing implied right to access, I have been visited on 4 further occasions and received innumerable letters. I have a standard letter printed which states all these issues, which I have re-issued to all inspectors (three inspectors over four occasions). I have also attempted to in-voice them the charges (total: £200), with no response.

Am I legally within my right to take them to a small claims court? Specifically I was reading about the case of Richard Herman who took a similar stance against Cold Callers and won.

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Thank you.

Answer 1

Liam your nailed on, good for you.



Personally I wouldn't have allowed them into my place, as we must all understand your attempt to reason with these unlawful fraudsters just doesn't work.



They only understand what their legally compelled to understand, if and when someone like yourself refuses to empower these tykes.



Your next steps must be well rehearsed as they will pull any technical lagality possible to trip you up.



Id advise you to delay a law suit until you get assistance from John Harris or the BCG.



My deepest regards, as I know its not easy to take on these sorts alone however keep up the fight as "the change is gonna come"



Always a delight to hear geez, put a smile on me boat ;-)

Answer 2

I think you should try at least - most if not all courts are accessed via a data base and as far as I am aware the small claims is simply a matter of filling in a form but please check - also add to the claim the costs of such action - I also think the clerk to the court will assist you aslo.









see this also





http://www.dailymail.co.uk/news/article-2304280/BBC-silence-licence-loophole-Corporation-refuses-say-households-need-catch-online.html

Answer 3

If after the death of a claimant in any declare the clarification for action survives, yet no order is made substituting as claimant someone in whom the declare vests or, because the case may nicely be, the own representatives of the deceased claimant, you ought to coach to the courtroom for an order that till the declare is proceeded with interior such time as may nicely be unique contained in the order the declare will be struck out. (RSC Ord 15, Rule 9) that is extra likely than no longer that the claimant did not make provision for the declare to be pursued hostile to you after his or her death, or perhaps if that the kinfolk of the deceased now no longer desires to pursue it. the priority is that you do no longer comprehend the clarification. even if this is the former then you definitely may win by technique of default, because it were, and also you ought to declare your prices hostile to the deceased's resources. even if this is the latter then you definitely probability prolonging the declare. In both journey you ought to ask the courtroom to make an order that the declare be proceeded with interior say, 28 days, which will take care of your interests. mutually write a letter to the claimaints solicitors, on a with out prejudice foundation, pointing out what words you may be keen to settle the count number - both that each and every social gathering bears its own prices, or the claimaints resources will pay portion of your prices. in spite of you settle on make positive that the settlement is very last and that no further claims, in any variety or way in besides, should be pursued or resurrected after the settlement. that is likely better to record a consent order to that outcome with the courtroom to make positive.

Answer 4

You are in the right and have all the facts, then go right ahead and win your case.