Suspected court summons for TV license

Candl

Hi all,

I'm hoping you can help.

I received a visit from the tv license inspector in July. I didn't have a license and he was sound about it, he just told me to get one within a certain timeframe. Of course, like an eejit, I didn't.

On Wednesday past I got a leaflet in my door saying that there was a registered letter for me at the post office. I was about to go and collect it, but it just clicked that it was a court summons for no tv license. I didn't collect it, and I bought a tv license straight away.

My question is, what happens if I don't collect the letter?

I know I was wrong not to buy it right away, but as we all know, times are tight.

Any advice would be appreciated,

Thanks!

seanie_c

There's no law that says you have to check your mailbox.

Candl

seanie_c wrote: »

There's no law that says you have to check your mailbox.

That is true, I'm just very nervous about the whole thing! Thanks for your reply!!

L1011

If its returned to them by An Post they will generally attempt a personal delivery. Issue won't go away.

Corkbah

Candl wrote: »

Hi all,

I'm hoping you can help.

I received a visit from the tv license inspector in July. I didn't have a license and he was sound about it, he just told me to get one within a certain timeframe. Of course, like an eejit, I didn't.

On Wednesday past I got a leaflet in my door saying that there was a registered letter for me at the post office. I was about to go and collect it, but it just clicked that it was a court summons for no tv license. I didn't collect it, and I bought a tv license straight away.

My question is, what happens if I don't collect the letter?

I know I was wrong not to buy it right away, but as we all know, times are tight.

Any advice would be appreciated,

Thanks!

sorry OP but you say things are tight - but yet you manage to go out and purchase one when you think you may be getting a court summons.

really hate people trying to blame the recession and "things being tight" as an excuse…. you've paid up now - enjoy renewing every year now that you are officially on their list.

Candl

Corkbah wrote: »

sorry OP but you say things are tight - but yet you manage to go out and purchase one when you think you may be getting a court summons.

really hate people trying to blame the recession and "things being tight" as an excuse…. you've paid up now - enjoy renewing every year now that you are officially on their list.

Thanks for your reply. I hate to admit it but things are tight, and it was my sister that pulled me out of this one, as she reckoned she'd rather help me out than see me in the dock! But I totally see your point.

spcw

it should not be a problem even if you go to court all they want to hear is that you coughed up for the licence. They might not even take it further

bennyineire

Same thing happened to me but the difference is I rang the the head office for my county, the number was on the summons, he was sound about it and said pay it straight away and you'll hear no more about it. That was 3 months ago and he was true to his word.
Moral of the story is "stand tall be a man and own up"

Candl

bennyineire wrote: »

Same thing happened to me but the difference is I rang the the head office for my county, the number was on the summons, he was sound about it and said pay it straight away and you'll hear no more about it. That was 3 months ago and he was true to his word.
Moral of the story is "stand tall be a man and own up"

Lol, thanks! Yeah think that's what I will do!

muffler

Not specific to Donegal - moved to legal discussion forum

NIMAN

seanie_c wrote: »

There's no law that says you have to check your mailbox.

True, but is there not a law saying you have to have a TV licence?

If there wasn't, no-one would buy one surely.

FreudianSlippers

I think a lot of people aren't aware than you can pay €13.33 per month by direct debit for the TV Licence. Like, if you really can't afford €13.33 per month, you probably cant afford to run the TV itself.

NIMAN

It hurts to pay the TV licence when you know how much they give to Joe Duffy each year.

muffler

NIMAN wrote: »

It hurts to pay the TV licence when you know how much they give to Joe Duffy each year.

It hurts even more to see the salaries paid to all of their presenters especially one grey haired man in particular who is now 80'ish and should be praying for a happy death instead of getting paid to present a series of programmes.

/ rant over

Mr Williams

Hi candi,

Are they able to prove beyond reasonable doubt that you have a working television ?

alie

Things are tight with me too and my sister in law told me I can monthly by direct debit which I do , its only 13.33 euro , much easier than forking out the lump sum. Get the letter, ring them and explain your circumstance, usually companies are very understanding once you make contact. Good luck.

slimjimmc

Mr Williams wrote: »

Hi candi,

Are they able to prove beyond reasonable doubt that you have a working television ?

They don't have to. All they need to do is send you a form requiring you to make a legal declaration as to whether or not you have a TV and licence. If you fail to return the declaration properly completed and on time it is taken you have an un-licenced TV unless you prove otherwise.
http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0147.html#sec147

Anyway the OP has no idea if s/he is being summonsed or not. That registered letter could be the formal declaration, or something completely unrelated. If it is a summons I would think it's best not to ignore it as the case could go ahead anyway without you offering any defence.

Mr Williams

slimjimmc wrote: »

They don't have to. All they need to do is send you a form requiring you to make a legal declaration as to whether or not you have a TV and licence. If you fail to return the declaration properly completed and on time it is taken you have an un-licenced TV unless you prove otherwise.
http://www.irishstatutebook.ie/2009/en/act/pub/0018/sec0147.html#sec147

Anyway the OP has no idea if s/he is being summonsed or not. That registered letter could be the formal declaration, or something completely unrelated. If it is a summons I would think it's best not to ignore it as the case could go ahead anyway without you offering any defence.

What ever happened to the right to remain silent ?

If I'm accused of a crime and I refuse to make a plea does that mean I'm automatically guilty of the crime ?

hullaballoo

Mr Williams wrote: »

What ever happened to the right to remain silent ?

If I'm accused of a crime and I refuse to make a plea does that mean I'm automatically guilty of the crime ?

You could be held in contempt if you refuse to recognise the Court, which is what you'd be doing by refusing to enter a plea.

Mr Williams

hullaballoo wrote: »

You could be held in contempt if you refuse to recognise the Court, which is what you'd be doing by refusing to enter a plea.

Criminals say "i've nothing to say" all the time when asked to enter a plea.

Pro Hoc Vice

Mr Williams wrote: »

What ever happened to the right to remain silent ?

If I'm accused of a crime and I refuse to make a plea does that mean I'm automatically guilty of the crime ?

The person retains the right to stay silent. That is not the issue here the issue is the burden of proof, in a number of minor offences the burden can shift, in this case the burden has shifted from the state to the accused. So while normally the state must prove beyond a doubt that you have a TV now you must prove usually on the balance of probability that you don't have a TV.

Pro Hoc Vice

Mr Williams wrote: »

Criminals say "i've nothing to say" all the time when asked to enter a plea.

A accused must enter a plea, if he refuses to do so the court will take the silence to be a plea of not guilty, and the case goes on.

BTW I have never seen an accused refuse to enter a plea, enter ending a plea in no way interferes with the right to silence.

Mr Williams

infosys wrote: »

A accused must enter a plea, if he refuses to do so the court will take the silence to be a plea of not guilty, and the case goes on.

BTW I have never seen an accused refuse to enter a plea, enter ending a plea in no way interferes with the right to silence.

Alan fatpuss bradley has used the line "i've nothing to say" before in court.

Pro Hoc Vice

Mr Williams wrote: »

Alan fatpuss bradley has used the line "i've nothing to say" before in court.

http://www.breakingnews.ie/ireland/bradley-brothers-sentenced-to-total-of-125-years-in-jail-for-900000-raid-plot-547686.html

"I have nothing to say" is often said by accused when the evidence of arrest, charge and caution is put to them in court.

"Garda Oonagh Collins gave evidence of arrest, charge and caution and said that Mr Casey had nothing to say in reply to any of the three charges when they were put to him after caution."

From http://www.irishtimes.com/news/crime-and-law/courts/man-charged-over-fatal-west-cork-crash-1.1600260

As I said I have never seen an accused when asked to plea refuse to answer, I also said if it did happen the Judge will enter a not guilty plea for the accused.

"Alan Bradley has 32 previous convictions, 20 for road traffic offences, but the court heard he has never appeared before the Circuit Criminal Court."

http://www.rte.ie/news/2012/0327/315201-bradleya/

Fred Swanson

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Mr Williams

infosys wrote: »

As I said I have never seen an accused when asked to plea refuse to answer,

I've also heard about "freemen" refusing to make a plea because they dont have a contract with the court.

Fred Swanson

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Wheelnut

Going back to the original question, I think if the summons fails to be delivered by registered post the licence people can go to the District Court and get permission to serve the summons by ordinary post.

Fred Swanson

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dangerus06

hi you be fine collect the letter there a phone no on it that you ring to say you got a tv licence , only thing you might have to do is back pay the licence to when the inspector called ,i had a court summons and a court date ended up paying a 60 euro fine and got the tv licence that was the end of it ,have to say i buy a licence every year learnt my lesson :P

ABajaninCork

You can also buy stamps at the Post Office.

FreudianSlippers

Mr Williams wrote: »

What ever happened to the right to remain silent ?

If I'm accused of a crime and I refuse to make a plea does that mean I'm automatically guilty of the crime ?

You're watching too many US cop shows. We don't have a 'right to remain silent'. At trial, you have a privilege against self-incrimination, allowing you not to testify - but in some circumstances, inferences can be drawn by your refusal to do so.

Fred Swanson

This post has been deleted.

Pro Hoc Vice

FreudianSlippers wrote: »

You're watching too many US cop shows. We don't have a 'right to remain silent'. At trial, you have a privilege against self-incrimination, allowing you not to testify - but in some circumstances, inferences can be drawn by your refusal to do so.

Inferences can only be drawn from refusal to answer certain questions put to a person while being questioned by AGS. The questions have to be put to the accused in certain limited circumstances and the accused must be allowed to get legal advice on that specific issue.

During a trial no inferences can be drawn from refusal to answer any question posed during the trial.

Wheelnut

FreudianSlippers wrote: »

... you have a privilege against self-incrimination, allowing you not to testify...

Fred Swanson wrote: »

This post has been deleted.

infosys wrote: »

... The questions have to be put to the accused in certain limited circumstances and the accused must be allowed to get legal advice on that specific issue...

Wow! Not having a TV license seems to be a far more serious offense than I thought. ;)