Court summon for tv licence

jolanta1214 · 31-01-2023 4:23pm #1

I have court summon next week for last year tv licence non payment. I got licence for this year and have payed previous years. Should i go to court? Or they will send fine to my address even if i wont be at court. I have appoitment for doctor what i was waiting for almost year. So its importamt to attend the docor for me. So can anybody advise something?

And have someone didint attend the court?

AndyBoBandy · 31-01-2023 4:28pm

MOD: Moved from AH where the post will not be taken seriously

Dymo · 31-01-2023 4:33pm

If you do not appear in court on the date stated in the summons, the District Court can either:

Go ahead with the hearing in your absence, or

Decide to adjourn the matter

If the matter is adjourned, you will be notified of a new date for the hearing. If you don’t turn up in court on the adjourned date, and the judge is satisfied you were given reasonable notice of the adjourned hearing, the court can:

Issue a warrant for your arrest to bring you to court, or

Go ahead with the hearing in your absence

https://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/summons.html

jolanta1214 · 31-01-2023 5:42pm

I didnt have any previous courts. So i hope they will just go with hearing in my absence. I have emailed and asked for another date. If they wont give another One i will just not go because i cant cancel appointment and wait for another one in years.

jolanta1214 · 31-01-2023 5:43pm

Thanks i posting first time here . Thanks for moving to right place.

POBox19 · 31-01-2023 6:13pm

Going to court is the right thing to do, failing that a written letter handed in for the judge explaining the reason for your absence and regret for not having last year's licence, adding that you now have a valid TV licence and apologise to the court for taking up their time.

coylemj · 31-01-2023 6:26pm

OP, the best thing is to send someone to court with your current TV licence and let them explain to the judge that you have a long-standing medical appointment. If you don't turn up and there's nobody there on your behalf, you will get a big fine. Ignore the nonsense about an arrest warrant, that will not happen.

flanna01 · 31-01-2023 6:27pm

Or explain to them, that you don't want RTE or T+G and to stick it up their hole..!!

I assume you subscribe to Sky, Cable, or some other paid for content?

Why should you be forced to pay for something you didn't ask for?

The TV Licence was relevant when radio & television was first established, like everything else, that sector has evolved beyond recognition today..

People can now pick and choose what they pay to watch - Not what they are told to watch!

Lenar3556 · 01-02-2023 12:05am

https://www.boards.ie/discussion/comment/120183443#Comment_120183443

The issuing an arrest warrant following non-appearance is an option open to the judge. Unlikely in a TV licence case, but far from nonsense.

I saw a case recently where the registered owner of a car was summoned to court for non payment of parking ticket. The car had been parked illegitimately outside a hospital A&E department. There was no mention that it was causing any particular difficulty. There was no appearance. The judge issued a fine, and made a separate judicial finding that anyone leaving a car as this one was left was not fit to hold a licence, and issued a 12 month disqualification order! As far as I know there is provision in the road traffic acts allowing the district court rather wide discretion in relation to disqualifications for road traffic offences - but I wouldn’t have seen that coming.

So OP, don’t just not show! The handiest option my be to instruct a solicitor to represent you on the day.

coylemj · 01-02-2023 4:37pm

https://www.boards.ie/discussion/comment/120185105#Comment_120185105

So unlikely that to suggest that it might happen is nonsense. Quoting the case of the guy parking illegally outside an A&E department and not showing up in court simply proves my point - the judge fined him and did not issue an arrest warrant. That advice you read on Citizens' Information was far too general.

Yes, a district court judge can issue an arrest warrant for someone who does not show up but this typically only happens if there is a strong possibility that the offence alleged on the summons will result in a jail sentence.

The OP had no TV licence on the day and has no excuse for not having one so a conviction and fine is pretty much guaranteed. What would be the point in paying a solicitor - what are they going to say in pleading? If your answer is that his fine will be lower because the judge will give hm credit for being legally represented, my response is that the reduction in the fine will not cover the solicitor's fee.

kippy · 01-02-2023 4:46pm

https://www.boards.ie/discussion/comment/120183448#Comment_120183448

Whether or not your agree with the law or not, the law is the law.

The OP isn't going to be any better of by telling "THEM" to go stick it up their hole!

Lenar3556 · 01-02-2023 8:39pm

https://www.boards.ie/discussion/comment/120187728#Comment_120187728

You don’t seem to appreciate the wide jurisdiction of the district court, or the variance that exists across the country. If an individual is summonsed to attend they must attend in person, or at the very least be represented - by a solicitor that is. You don’t send ‘someone’ to show up in court on your behalf. It would look foolish and the individual is unlikely to be heard.

As regards the outcome, it is entirely incorrect to assume that the matter is a foregone conclusion before the case has even been presented. There are various reasons why the matter could potentially be struck out - was there even a television set on the premises at the time of the alleged offence?

Citizens Information? I don’t follow where this comes into it? If you are suggesting that OP should seek advice on the matter, that would probably be a good idea certainly.

Most people would see an arrest warrant as being a much less serious occurrence than a disqualification order arising from a parking offence. My point being that the OP should show up or be represented.

POBox19 · 07-07-2023 5:00pm

Interesting article in the current RTÉ climate.

https://www.irishtimes.com/crime-law/courts/2023/07/07/people-feeling-hard-done-by-seeing-tv-licence-fee-squandered-and-abused-says-judge/

159 summoned to the District Court for not having a TV Licence. 37 no shows got €150 fine + €100 costs. If they turned up with a licence the case was struck out and the rest allowed to make an arrangement to pay with An Post.

Larbre34 · 07-07-2023 5:11pm

Water charges were the law, until a significant majority said 'you work for us, we aren't accepting this charge, stick it up your drainpipe'. And it disappeared, at no loss to anyone who never paid a cent.

Yes, I accept that the TV Licence is a very long established levy, but perhaps its time it wasn't here anymore. And only disobedience by a lot of people will rid us of it.

SouthWesterly · 07-07-2023 5:33pm

https://www.boards.ie/discussion/comment/120819297#Comment_120819297

And the only ones who will end up paying it through taxes are those of us who an be bothered to get a job.

bazzerboy · 07-07-2023 5:48pm

https://www.boards.ie/discussion/comment/120819297#Comment_120819297

I think the TV levy is a little different. It's been accepted for too long and if you want public broadcasting, all be it state-owned then they will pursue it.

Larbre34 · 07-07-2023 6:16pm

https://www.boards.ie/discussion/comment/120819397#Comment_120819397

My suggestion is not to replace it with other exchequer revenue, but to eliminate it, by cutting RTÉ operations by 60 or 70% and letting them rely on commercial activity.

CrabRevolution · 10-07-2023 8:37pm

https://www.boards.ie/discussion/comment/120819561#Comment_120819561

There's absolutely no chance of that happening though. Even the politicians lambasting RTÉ lately have been saying that (toy show musical aside) everything RTÉ produces is vitally necessary and needs to be invested in.

It's a FIFA-esque "oh we've gotten rid of that tiny number of bad apples at the top-now we can go back to business as usual, hand over the money please"

Victor · 11-07-2023 11:40am

https://www.boards.ie/discussion/comment/120183448#Comment_120183448

Comments like this are unacceptable. People sometimes go to prison as a result of not having a TV licence.

whisky_galore · 11-07-2023 12:00pm

https://www.boards.ie/discussion/comment/120819297#Comment_120819297

A significant chunk of the population are excused from paying for a licence, including the ones politicians etc are most afraid of, the grey haired brigade.

The "people that get up early" and afraid of a (ridiculous imo) criminal record will, as with everything else, foot the bill. They will suck it up, time and time again. They haven't the time or the energy to protest.

,

flanna01 · 12-07-2023 4:20pm

https://www.boards.ie/discussion/comment/120187772#Comment_120187772

Couldn't care less what you think..

Feel free to fund the crooks of RTE, but they won't be adding my money to their barter account!

billyhead · 12-07-2023 7:12pm

https://www.boards.ie/discussion/comment/120842328#Comment_120842328

You'll get a day out in court then. I am as angry about the RTE fiasco as everyone else is but the laws the law.

kimmage · 26-09-2023 11:05am

I just got a court summons for not having a TV licence since April 2023, I'm in a house that is for sale since May 2022 and I've been trying to find accommodation ever since. I honestly didn't think I'd still be here hence why I didn't pay. I have since found accommodation and will be moving out in a few weeks, long before the court date for Dec 2023, does anyone have any advice for me? I can't afford the full licence atm as I live alone, pay all my bills and rent which has been increased recently even though the house is "for sale". Has anyone any advice for me? If I set up the direct debit payment will that cover me and I won't have to go to court? I've never been near a court in my life. Never had ant trouble with Guards or paid I fine in my life. This has really shaken me this morning. Any help would be greatly appreciated, thank you.

Oscar_Madison · 26-09-2023 11:09am

@kimmage

Buy the TV licence before court date and bring it along to show the judge- you MIGHT be lucky by just doing that

Uncle Pierre · 26-09-2023 3:33pm

Also @kimmage

Just FYI, "thought I'd be moving out soon" is not a good reason for not having renewed your licence when it expired in April. A licence stays with the person, not with the address, so on the assumption that you'd also have a TV in your new accommodation, you could simply have brought the same licence with you - details on the Citizens Information website.

Also FYI - setting up a direct debit for a licence now is maybe your best bet all right - it's €13.33 per month. But be conscious that any arrears due will be taken with the first payment. That's five months since April, plus the first month of your "new" licence, for a total of just under €80 to put things right.

And I reckon that either way, you'll have to go to court to show proof that you've made the payments anyway. But pleading "genuinely didn't know I could bring the licence with me when I moved" and "I've now paid up in full" should be enough to see you escape any actual punishment there.

FlyingMoose · 29-11-2023 12:48pm

Hello folks - first time posting is a long time so forgive me if this is the wrong place - I've an interesting scenario here. I moved into my new house during Covid. I never got a license and never really heard anything about it during the Covid years. When Covid ended I started getting letters about it address to "the householder". Never did anything about it. Fast forward to May 2023, and the sneaky TV license inspector calls round. I open the door ..... explain "I've just moved in" and I'll get one sorted. He asks my name, I give a similar name but not my own. A couple more reminders come in, in the fake name, return to sender. Today I get a summons, registered post, didn't check the name beforehand but it's in the fake name. What does one do? It's a summons for someone who doesn't exist. I can hardly show up to court pretending I'm someone else. Do I leave it be? Wait for a fine to be issued, garda to knock on my door and then tell them they've got the got wrong person. Any advice appreciated? Thanks.

Claw Hammer · 29-11-2023 3:50pm

Did the licence inspector photograph you when he called? What if he identifies you as the person who gave the name on the summons?

Alonzo Mosley · 29-11-2023 4:12pm

Why should you get off not having a license by showing you now have a license when appearing in court. Whether we like it or not the law is the law.

Would we accepted people summoned to court not having car insurance and their case struck out because the since got insured?

rightmove · 29-11-2023 4:22pm

Is anyone actually renewing the licence. Alot of ppl I know have just stopped

FionnB · 29-11-2023 4:24pm

https://www.boards.ie/discussion/comment/121433393#Comment_121433393

It's hardly the same thing...

Alonzo Mosley · 29-11-2023 5:14pm

https://www.boards.ie/discussion/comment/121433440#Comment_121433440

It's the concept. You break the law and in the meantime you put things right. When you turn up in court it's struck out.

TheRiverman · 29-11-2023 5:28pm

https://www.boards.ie/discussion/comment/120183448#Comment_120183448

Remember it is a broadcasting licence which legally allows you to have a device namely a TV that can receive both audio and video data, so regardles whether you watch RTE or not you are still breaking the law if you do not pay it. It's ridiculous,especially in this day and age, but that's the way it is. I detest paying it, always have, but I do it to avoid getting summonsed.

FlyingMoose · 29-11-2023 9:16pm

https://www.boards.ie/discussion/comment/121433266#Comment_121433266

No he didn't take my picture. It was 6 months ago and I'd be shocked if anyone could remember me from a 5 second interaction. Plus even if he had my picture that would be GDPR breach so unlikely. My theory is they've issued a summons for someone who doesn't exist. If I show up to court, there's going to be no record of me needing to be there. I may or may not have a TV License then. Not inclined to given the RTE scandal. Or I don't show up and a Garda comes to the door looking for someone that doesn't exist and I present a Tv license or not. I'm no solicitor but I'm pretty sure you can't issue a court summons under an incorrect name. Thanks for your reply.

FlyingMoose · 29-11-2023 9:20pm

https://www.boards.ie/discussion/comment/121433632#Comment_121433632

As per the court summons, it's my alias that's breaking the law. They've no idea who I am. The summons may as well be for Joe Bloggs. If I don't show, play the cat and mouse game for another 6 months, what are the consequences other than maybe being morally reprehensible and doing RTE out of 160 quid towards a few flip flops.

SteM · 29-11-2023 9:34pm

So you gave a similar name but not your own to the license inspector? How close to your own name was it?

Get Real · 29-11-2023 9:56pm

https://www.boards.ie/discussion/comment/121432424#Comment_121432424

You got several reminders/basically warnings to pay and you didn't. Now you're in this uncertain situation. Is it worth the hassle over 160quid?

Tbh I'd go to court, when whatever name you gave is called, tell the judge "that's me, I'm the householder, inspector might have taken my name down wrong" and hopefully you'll just have to pay what you owed anyway.

Trying to avoid/ignoring it might not matter a bit if you're the householder at the end of the day and they go enforcing it on you. Then in another few months you'll be wondering about an increased fine addressed to Joe Blogs and what to do with it. A

raclle · 29-11-2023 10:09pm

https://www.boards.ie/discussion/comment/121433427#Comment_121433427

Over 100k have stopped paying it and Varadkar wants to reform it in the new year meaning more tax.

FlyingMoose · 29-11-2023 11:06pm

The likely scenario for me here is I'll pay the 160 in the new year before the court date. Call up the number on the bottom of the summons - explain there's no person at the address by that name and that there is a tv license for the property and take it from there. Defo not worth the hassle for 160e but I don't believe it's worth the hassle for them to go an try to find and fine the person responsible and drag this through the courts, especially when the people running RTE have been milking the public for years and not one person has been held accountable. I appreciate i can't take the moral high ground here but neither can RTE.

FlyingMoose · 29-11-2023 11:08pm

https://www.boards.ie/discussion/comment/121434978#Comment_121434978

Same first name, wildly different last name.

billyhead · 29-11-2023 11:14pm

https://www.boards.ie/discussion/comment/121435427#Comment_121435427

It's always worth the hassle for them. The more people convicted for not paying the better for them.

Strumms · 29-11-2023 11:33pm

The TV license is by tens of millions RTÈ’s most lucrative revenue stream.

2021 figures as published by RTÈ…

Commercial Revenue: 148.3 million

License Fee: 196.1 million

Total Revenue : 344.4 million

so there really isn’t any method I’d imagine of cancelling that almost 200 million in license fees and replacing it with more commercial revenue or something else. Really no way to make up that shortfall that I can see…

rightmove · 30-11-2023 11:40am

surely they know ppl have just stopped paying the fee so they need to come up with something quick

Slightly Kwackers · 30-11-2023 12:13pm

https://www.boards.ie/discussion/comment/120183448#Comment_120183448

This seems fair but legally?

I never watched much TV in the UK or here, but in the UK you have to be found watching TV broadcasts. I never had a licence for years there incidentally and indeed found that unlike here, you can have a TV with a tuner and could not be under threat from the cash grabbers if you only watched satellite or a medium outside the range of broadcast TV.

There was an anomaly though where someone was taken to court for using a colour video to record yet they only had a black and white TV.

I have a licence here, but resent paying. I only watch RTE news but very rarely now text has gone. I found scrolling through the headlines in the morning perfect.

The adverts mean that any entertainment on RTE is out, I can usually get an advert free version pretty easily,

So If the purpose of the licence is to support RTE, why should I pay and why has no one challenged the forced payments?

Were I to stop watching RTE in total it would be no loss, the material for the most part seems to have fallen off in quality and I would have no problem removing the aerial which unlike the BBC oddly enough, removes the RTE broadcasts which need a subscription without a LNB and dish dedicated to getting RTE's satellite broadcasts.

Saorview seems more a free for all for anyone's cash rather than a "free" state service.

Why pay out for something you don't find value for money when you would happily reject it if given a choice?

At least the BBC didn't have adverts and there was a point where I found the BBC news good quality and seemingly unbiased and accurate, but those days are over.

So in short, what has been used as a successful argument to avoid a fine? I have no intention of disabling my Terrestrial tuners or removing the aerial if I still have to pay a rip off licence fee.

If they took the bloody adverts away it wouldn't be so bad, but I resent paying out the fee and being assaulted by garbage I have no interest in if I do try to watch anything.

Caveman Views · 30-11-2023 12:19pm

I can't for the life of me understand why people just don't contact them and tell them you don't own a TV or any device capable of receiving a TV signal. We did this around 7 years ago now and they asked us to put it in writing by email which we did and that was the last we heard of it. It's not rocket science folks.

Calahonda52 · 30-11-2023 12:22pm

https://www.boards.ie/discussion/comment/120183448#Comment_120183448

Complete trolling and worth SFA to the OP.

The licence is for the device, not what you decide to watch

Slightly Kwackers · 30-11-2023 12:50pm

https://www.boards.ie/discussion/comment/121436928#Comment_121436928

-https://www.tvlicence.ie/home/tv-licence-home.html-

It may be the case, but nowhere in the blurp does it say that the licence fee is aimed at ownership benefits.

The imposition of the fee in this day and age is akin to having a tax on trainers to support the GAA and not taking into account the numbers of people that might use them for arthritis relief.

I would guess that the law was deliberately lax because there were none of the scores of detector vans that used to be used in the UK?

I notice that the UK approach seems to have changed from detecting the TV timebase and local oscillator to browbeating none licence payers.

I would guess that in the digital age trying to select a TV tuner local oscillator would be well nigh impossible, hence the popularity of sending the "heavies" around.

keithb93 · 30-11-2023 1:11pm

Just write on the back of the summons that this person does not live at the address. Throw it back into the post box. I have done this before and a week later we got a normal letter addressed to the householder.

Slightly Kwackers · 30-11-2023 2:34pm

https://www.boards.ie/discussion/comment/121433698#Comment_121433698

Have you approached your TD?

There is a totally unfair aspect inasmuch as the advertising is used to supplement the forced cash extraction.

Surely if the programmes were that good, or the RTE people were efficient, then the licence fee would be seen as good value and the constant assault by infantile dross pushing would not not be needed?

I am sorely tempted to stop paying for the licence now text has gone. My standard approach to RTE programming now is to look up RTE player to see what is worth watching and download an advert free version for the odd programmes worth the effort.

I tend to wonder just how much technical effort they put into deciding what is a TV set. I gather a faulty unit must still be licenced, but if people can buy smartphones, how is the approach justified?

I cannot recollect using RTE for anything but the news for at least two years.