How to not pay the BBC!

 

A Rough Guide to the BBC TV Licence. (How I don't Pay as I don't need one in England)

This is not legal advice just a bit of help. If you study the BBC rules and regulations it is totally clear you need a TV Licence to watch or record any live broadcasts or IPlayer.

What does this mean?

If you watch ITV or SKY News as the programs are broadcast live or you watch anything on IPlayer you need to buy a TV Licence.

If you watch any other catchup service you don't need one, so Netflix, prime and Disney these are all fine to watch. You can even watch catch up on sky services but you couldn't watch live sports.

Its ONLY LIVE TV and IPlayer that matter.

The BBC only care about one thing and that is getting their money off everyone whether they need a licence or not. They have a database of all unlicensed properties there is no opt out of the database which they think is a scary point. They will send you letters usually every 2 months with many threats and harassments saying they are going to arrive and enforce the law. These letters upset a lot of people but if you actually think about it they are just a letter and they are very useful when shredded for hamster bedding or for lighting a log burning stove.

These letter are designed to frighten people and coerce them in to paying. Usually the elderly and the single mums. But if you know the legislation you never need to fear the BBC. They do not have detector vans and maybe if your very old on pension credit you might get a free licence.

They will tell you an investigation has been started and they are going to visit your address, or you have been watching IPlayer and they are going to visit. They even send letters saying they have evidence of TV Licence rules breached at your address following you withdrawing their right to come to your house. Its all nonsense and empty threats.

So the first thing is simply to cancel your direct debit you do not need to talk to the BBC ring your bank and cancel the DD its your money and your right to cancel it at any time. This can also be done via online banking. If you pay yearly then simply do not renew or you can cancel and ask for a refund. You do not need to give them a reason its your right not to tell them, but if you wish to you can tell them I no longer need one as I've stopped watching TV and IPlayer.

You can also ring them up and tell them you don't need a licence any more or fill in an online form. I would not do this as you do not have to communicate with them in any way shape or form. You have no legal obligation to talk to them, indeed if you do they can record and keep your conversation as evidence. We don't want that so the less you chat with them the better.

If you fill in the online forms declaring you don't need a licence the BBC will still send you letters and also send enforcement officers to your house so why bother to tell them anything. Some people say they never get a visit or a letter some say the opposite they have still had letters and a visit just to make sure they don't need a licence and nothing has changed in your house.

So that's it your done and licence free. Now you don't owe them anything as long as you don't watch or record live TV broadcasts or use IPlayer. Note: Always delete your old IPlayer Account.

Now the fun starts the BBC will start to send you letters as mentioned before, these are very nasty and demanding. They threaten you with fines, courts and visits(sometimes hanging or firing squad) but ignore these letters they are meaningless. Throw them in the bin. They are numerous and full of half truths and downright lies. Things like an investigation has been opened, or a visit has been booked in on 6th June. The only thing that they do include which is true is how you can buy a licence and how to do it in order to stop the investigation.

I'm currently on my 9th Investigation in 14 years.

You may or may not get a visit from Capita on behalf of the BBC. One day a person will call at your house they usually knock as they don't like doorbells especially video doorbells such as Nest or Eufy doorbells. They don't like these at all.

Now most people who knock on your door will say things like 'I'm from cancer research' 'I'm from the local church we are raising money for a new roof' etc. callers nearly always identify themselves.

The BBC generally will start with some like 'Are you the legal occupier?' are you the property owner? Things like that. They may as well carry a big sign saying 'I'm from Goonville".

The first thing you do is identify them ' Who are you?' or Who is asking? At that point they should identify themselves as being there on behalf of TVL/BBC. Quite often they wont tell you who they are, they want you to identify yourself first. But it doesn't matter why would you speak to an unknown person asking you questions on your doorstep?

Do not speak to them just shut the door. If you wish just say politely 'No thanks please shut the gate after you' that's fine but do not talk to them after that.

Don't forget the only reason they are there is to gather evidence about you watching TV if there is no evidence they cannot then try and get a warrant. Shutting the door is an effective end to their investigation.

They want to ask you a series of questions such as 'we have no licence recorded here, can we come in and check your TV or that you don't need one.' if you engage with them from this point they will simple pester you to buy a TV Licence and they get a bit of extra pay. So DO NOT speak to them shut the door and go about your normal business.

That's the big hurdle over with. They have very few enforcement officers maybe a few hundred across the country covering millions of houses, so the chance of a visit are slim. In 14 years I have had only one visit and even then I'm not sure it was TVL/BBC as they asked me was I the occupier?, I refused to answer and shut the door.

95% of people who are convicted by the BBC are elderly and single mums who are struggling and perhaps have never had the money to buy a licence or indeed look into the rules on how to avoid buying one. Most kids watch Netflix or Disney so you don't need one for that. The BBC rely on ignorance and self incrimination by the home owner to get a conviction. So never never speak to them never let them in.

Just remember you have no legal obligation to contact or speak to the BBC ever, whether you have a TV Licence or not.

Some people say the BBC have no legal rights and that an act of parliament is not law. Well they are wrong it is but it doesn't matter because the TV law is so weak as to be virtually useless. They rely on you giving them information and allowing you to self incriminate by ignorance of the Law and rules. 

Warrants

The BBC can and sometimes do go to court to get a warrant to force entry to your home to search and examine any receiving equipment to see if you have watched live TV or IPlayer.

These are VERY VERY RARE maybe 100-200 a year. They will approach a Judge or Magistrate and say they suspect you are watching live TV and they need to enter your home to check your equipment and the judge will look at the case and decide if a warrant is applicable. It is based on the evidence presented, the magistrate will issue a warrant for the BBC to force entry to your home and examine your TV. They turn up unannounced and usually bring along a couple of police officers.

So are you in a big panic?

The answer should be NO. Warrants are very rare. If you don't watch live TV or IPlayer why would you be worried. Just imagine how rare warrants are there are 23 million houses yet only 100-200 warrants in an average year. So why worry even in the slightest! The chances of them getting a warrant are in the realms of lottery winning odds, i.e. virtually none.

In order to get a warrant they need evidence that an offence may have been committed. Such as we looked through your window and saw you watching 'Love Island' or the news. If they have no evidence how can they get a warrant? They could lie of course and say they saw you watching TV might be a bit hard if your TV is in the back of your house. But they do lie it's the BBC.

The process is fairly simple a TVL Representative will go to court and swear out the warrant in front of a magistrate or Judge. They tell the magistrate the evidence they have and why they need the warrant and it will be issued if the magistrate feels the reason and evidence is sufficient.

Having a TV ariel may be mentioned, it is evidence but 95% of houses have one so its rather weak evidence if you don't actually use it because you only watch catchup or if you don't even have a TV. Indeed you could have hundreds on a block of flats who can tell which belongs to which house. Sending the BBC a WOIRA notice telling them them are no longer welcome to visit is also not evidence. You are simply telling them they are not welcome at your house. You can do this to anyone or organisation you wish including the post office and police. But that would be rather silly.

But if they visited your house and the TV was playing in the background and you told them to bugger off maybe then that would be enough for a warrant. It's irrelevant anyway as they will and do tell fibs.

So they have a warrant and turn up what do you do?

A warrant is just a bit of paper it does not have anything to do with the court or the judge who issued it. TVL are not acting upon the wishes of the court, they simply asked for a search warrant to search your house. The Judge, Magistrate or court will not be mad if you don't let them in they wont even know or care. The court is just the place you go to to get the warrant.

 You can just let them in, its a perfectly good and noble thing to do especially if you have nothing to worry about and feel sorry for them i.e. you don't watch Live TV etc.

You can shut the door in their faces. Oh dear what can they do then, in theory they can kick your door in, get a locksmith and break the lock. Climb in through a window. Do they do these things?

No the BBC have a no force policy so if the door is shut they wont break in but they could if needed to they have that right by the power of the warrant but they wont neither will the police who may be there. Its BBC policy that they never force entry.

Now they have the scary police with them. Are the police going to arrest you? Not a chance unless of course you are violent or breach the peace. That's all they are there for to protect the BBC staff. Never speak to the police present or indeed give them any information at all you don't have to. If the police see drugs in your house or stolen goods then you can expect them to act. And even then tell them you will only speak to them when you have a solicitor present i.e. back at the police station never give them your details in-front of TVL. Tell them you will tell them your details in private. But if you leave drugs lying around TVL will be the least of your problems.

Assuming you let them in and they find you do need a licence what do you do? How do they find that evidence. They will look at your TV and recording equipment to see recently watched or recorded things. You do not need to assist them, you do not need to operate the TV for them or provide them with any help. They are the experts they have the warrant to examine these things so they should have staff capable of doing the examination.

I have seen a terrible YouTube video where they ask the owner of the TV to help them, you do not need to. They threatened him with obstruction. He was not hindering them at all therefore no obstruction. But they tried it on.

The only evidence is what you give them. So don't give them any. They need evidence from you and your equipment that you watch or record live TV. That's only there if you allow them in or leave the evidence for them to find. My TV boots up into an Amazon fire stick not via an external receiver even though I have one. It has a receiver or ariel plugged in but its not used and is still perfectly legal. As its only watching or attempting to watch or record live TV and IPlayer that counts.

They will have to caution you as required under PACE if they wish to speak to you. This gives you the right to remain silent and also seek legal advice before speaking to them. They wont tell you that you are not under arrest and are free to leave at any time I wonder why? Lets assume you don't speak and don't seek legal advice. How do they get you into court? Will they seize your TV. Will they arrest you?

They could actually seize your TV equipment if its evidence of the crime. But they don't, they just record the evidence in their note book. They do not seize evidence. Their main evidence is your written PACE interview record with them. So don't agree to an interview i.e. keep silent do not tell them who you are whether its your house or your TV. It could be a relatives TV. They can only speak with the occupier or person who owns or is in charge of or using the equipment.

They have no power of arrest so no prison or jail. In order to get you into court they need to summon you to court you, how will they do that?

They need your name, date of birth, address , they will even ask for your NI number etc. What if you don't give them? Will the police intervene and arrest you. Err no. The police will not get involved in the matter. They may threaten you with obstruction. Why? you are not obstructing them they told you that your have the right to remain silent and seek legal advice and they have no legal power to force you to give your name and details. You could simply leave your house, take your keys and go for a walk they cannot stop you. You are NOT under arrest. The BBC cannot force you to give your name or Date of Birth they have no power to arrest you or detain you. Not giving your name is not obstruction this is even written in their own internal Policy Guide. But they will try to get it out of you by confusing and deceiving you.

Lets assume we have a very over zealous police officer who decides that he is going to arrest you after all its a court approved warrant. The only offence he could arrest you for is Section 25 Pace or possibly obstructing him in the course of his duty (its not his duty as its a BBC issue) so that doesn't stand). He could then in theory take you to a police station in order to identify you for the purposes of sending you a summons to court for the BBC civil matter assuming the officer has enough evidence that you broke the TV Laws. So at the police station you give your name date of birth etc. and seek legal advice. Just how exactly are the police going to pass that information onto the BBC your personal data is private and they cannot share it. How are they going to charge you with the offence of no TV licence? The simple answer is its never going to happen as your are not obstructing him or failing to give him your details. I suspect the custody officer will be rather upset with him to say the least.

I have been on 6 x BBC warrant attempts in the past 20 years only one succeeded in even gaining entry and on no occasion was I asked to intervene in the matter. The one that gained entry there were no TVs even in the house. Even though the evidence on the warrant was a TV had been seen via a window and they had an ariel hanging out of a window. See how they tell lies.

So all this seems very intimidating etc. The answer is its not. Simply do not let them in, they will not break in, they will walk away. There is nothing to worry about. Never speak to them ever not one word or just say these words ' I will remain silent and wish to seek legal advice before talking to you as is my right' and walk away.

You may then think that they will keep coming back, they may well do that but the warrant usually only lasts a month after which they would have to reapply. Then they need the police back again who are very busy with their own work of failing to catch burglars, shoplifters or doing innocent motorists.

So the steps are simple they have no power at all despite the scary threat of they may get a warrant. They need evidence which they don't have in order to obtain one unless as I suspect they fabricate it.

If you simply understand the law and the rules you realise they have no power what so ever. You can legally watch catchup TV in your home without fear. If you ensure you don't watch or record live TV or IPlayer then your free to do what you want.

14 years I've not paid them and am still here not in prison or court. My friend has not had a licence for 37 years and don't agree with his actions or condone them as he watches live TV and even has SKY installed. He has never had a visit and has had hundreds of letters. He knows the rules and is confident he can avoid the BBC Goons. He is doing a great job after all these years.

SO....

A) Don't speak to the BBC

B) Don't correspond with the BBC

C) Don't declare you don't need a license. Why? Because you don't have to, See (B) above

D) They need evidence to convict or summons you. How do they get that evidence?

The only evidence they have is what you give them. Don't give them any evidence. Don't talk to them, don't let them in, don't leave your TV in sight of the inspectors.

Lets assume you have ignored my advice and been reported and go to court. You are found guilty of the offence. What happens?

You get a fine. You pay the fine that's it, If you don't pay the fine then you could in theory be sent to prison but that's not for not having a TV licence its for not paying a court fine which is a type of contempt of court offence. So you pay the fine and that's it done and finished. It seems a pity to be prosecuted when its so easy to avoid being done in the first place.

Implied right of Access – Anyone can walk up to your door and press the bell or knock. The post office and window cleaner are two examples. You can however write to the BBC and inform them that as the owner of the property '1 Jones Street, Wherever, in the UK' that your are removing their implied right of access. This should stop the BBC/Capita goons from visiting. You don't need to give your name just the address. Take no notice that people think that this can be used in court its pretty much nonsense it provides no evidence of licence avoidance. If the BBC want a warrant they will lie anyway. But they do have a list of WOIRA properties and they should not visit.

Would I do this? Well some people find it effective and reassuring I haven't bothered as I am looking forward to the day they do visit so I can wind up the BBC/Capita staff which my delightful whit and humour.

Your TV Licence costs you £ 160 a year why not use that money you save to invest in a nice new doorbell the sort that the BBC don't like. Get a nice Eufy or Nest doorbell you can then see and speak with the person outside and see who they are without opening the door and if you want to actually talk to them. Your phone sends you a nice video of your callers which you can post on YouTube channels as an added bonus.

A few random thoughts and things to remember

The BBC cannot examine Laptops, Computers and Phones even if they are capable of receiving live broadcasts or IPlayer.

How do the BBC identify the person responsible for paying for a TV licence at the premises?

If you are a visitor to a property and the BBC call clearly you are not the person responsible for paying for the TV Licence. If there is a married couple at a property who is responsible for paying the licence?

The answer is in the Act

A person who installs or uses a television receiver in contravention of subsection (1) is guilty of an offence.

(3)A person with a television receiver in his possession or under his control who—

(a)intends to install or use it in contravention of subsection (1), or

(b)knows, or has reasonable grounds for believing, that another person intends to install or use it in contravention of that subsection, A person who installs or uses it to break the act.

If the BBC enter your house by some miracle and start asking you questions they need to demonstrate that you have a TV or it under your control or you intend to use it for watching live tv or that someone else is going to do that. You simply don't answer questions the only way they can prove the offence is by you admitting that its your TV or you use it. If you say I don't watch TV you don't commit the offence or its not my TV its my sons you would have to talk to him, how do they prove otherwise. How do they prove an intent to use it or that you actually did use it. The only way is you admitting it or telling them. So keep your mouth shut and tell them to leave and you want to seek legal advice from a solicitor as is your right before speaking to them, or Grab your keys and walk away.

There's a lot of nonsense spouted about 'Obstruction' you can in theory be convicted of obstructing the investigation of the BBC by not cooperating or hindering them. It is possible. But think about the problems the BBC face in getting you convicted. They need to identify the offence, then identify you and then interview you under pace, then get you to court. At each stage of this you can simple ignore them and walk away you are not handcuffed. You are not under arrest you do not have to speak to them you do not have to help them. How exactly can they identify you and get you to court. You may well have committed an offence if you shut the door or fail to help them in some way or indeed hinder them by hiding your remote control. But how exactly can they prosecute you. How do they identify you as the owner or occupier of the property or indeed the person in possession of the TV equipment.

It's just nonsense as if you don't speak to them  then it's impossible to caution you and report you.

So my advice is don't watch or record live TV or IPlayer, then even if the BBC come into your home by warrant or even if invited by you. Then they cant do you for any offences.

If you decide you want to not pay them and still carry on watching you are free to do so and as long as you leave no evidence then they are never going to prosecute you for anything even though you commit the offence. The only way you can be done is by your own mistake then you deserve a fine for being stupid.

I have not found any legal reason why you are obligated to speak to or identify yourself to the BBC. The police who are with TVL may try to interfere and force you to give your name. You do not have to. You have no obligation to speak to the police either at this stage only if the police arrest you for something like assault or breach of the peace. If the officers insist that you have to speak to them or the BBC please ask them exactly where that is written in legislation they may say section 25 pace, but that doesn't apply to the BBC staff only Constables. Can the police act on warrant obstructions, I doubt it very much when they are there to prevent a breach of the peace even if they did they can't tell the BBC your details they have strict data protection rules and PNC rules to think about

So without a name/ID it will be almost impossible to prove your identity to a court in order to issue a summons.

I have also found no cases in my research where the police have made arrests during TVL Visits under section 25 PACE or any evidence that they have prosecuted anyone themselves for so called criminal cases of no TV Licence.

Interesting Snippets from TVL procedures

Failure to identify yourself to the BBC does not according to their own guidance constitute obstruction. Page 81 of issue 5 of the capita visiting rules.

(This is an extremely important rule as without your ID| they cannot get you in court)

• There is no right of entry to a house or to any other part of the premises

except with the consent of the occupier or other lawful authority such as a

Search Warrant.

(Even with one they wont force entry so let them stand outside in the cold)

• If the customer requests that the VO leave the premises, they must do so

immediately.

• VOs must never enter premises when the only person present is a child/minor

(No right of entry they leave if told to leave)

Withdrawn implied rights of access must be respected by TV Licensing since VOs would be committing trespass if they visited the address after the right of access had been withdrawn.

(So send the WOIRA and they wont come maybe its worth doing after all it means they have no means of gathering evidence from your property)

"Grounds for suspicion" are more than vague unsubstantiated feelings or a hunch;

they require some basis, but this can be less than evidence supportive of a prima

facie case. (Just where are they going to get this mythical suspicion even if the burden of evidence is less that a criminal court case)

In order to interview you this is what they will give you a scary sounding caution,

'Caution', I will ask you some questions about using a TV receiver without a licence, I will ask you to allow me to come into your house to test the TV receiver to confirm how you use it. You don't have to answer or cooperate but anything I see or any answer given can be used in my evidence.

(Err no simply leave and they have to go as per instruction above. I wont cooperate with you this really is the very very most important BBC admission that you do not actually have to engage with them even after being cautioned)

Please remember that all our cases are based upon the evidence that you gather and note on the TVL Record of Interview; it is therefore important that you write clearly and legibly when completing this form. A decision to prosecute can only be made using your Record of Interview;

(Simple no interview = no prosecution) interviews are voluntary this is the single most damning bit of weakness by the BBC they reply entirely on Interview admission, they may have loads of evidence that your TV is plugged in and working on BBC1 but without the interview they have nothing, this is unlike the police who see an offence and report you for it they don't even need to question you about it)

Before a Search Warrant is granted by a Court, they have to be satisfied that there is

no alternative way left to gather evidence. We must show that we have exhausted all

avenues to gain the co-operation of the occupant and that we will not otherwise be

granted access. ALL evidence seen or heard must be noted on the Form to furnish additional information to support the application. All Records of

Interview, additional notes and any additional evidence must be attached to the

Search Warrant application.

(if they have no evidence they cannot get a warrant except if they tell fibs)

Timing: A Search Warrant is valid for one calendar month from the date of signature and may only be executed within that time before it is returned to the court unserved. Whilst it may be necessary to go to the address several times to find someone home:

(only one month that's short compared to police warrants)

Arrangements must be made with the Police for a Police Officer to accompany

the execution of the warrant. The Police Officer is there to ensure that a

breach of the peace does not take place, not to assist in the execution of the

warrant. However, legally the officer has the power to execute the warrant.

(They are not to assist lol they throw that last paragraph in to make things more scary)

If the occupant refuses to give their name when executing the warrant, the accompanying Police Officer should be asked to intervene and Request the information.

(You do not have to answer or give information to the police refuse the request. That's the key words a REQUEST is not an order. ask what law the officer is using to try and force you to answer the question because there isn't one they can request till they are blue in their faces. This section is very cleverly written by the BBC as it implies that the police will prosecute you for any offences even though they are not there to help in the execution of the warrant. Even if they did what exactly will they do if you don't identify yourself they would have to arrest you under section 25 PACE. Take you to a police station and identify you then report you for the TVL  offence. You seek legal advice after refusing to identify yourself doubt if that's going to stick even for obstructions How will they then pass your name to Capita? There would still be no interview for capita to rely on in court)

If a person suspected of committing an offence refuses to give their name to a Police Officer when asked to do so, the Police Officer may arrest and detain that individual in order to identify them. The name & number of the Police Officer must be noted.

(Yes that's correct Section 25 PACE (Constable only) if the person commits an offence i.e. breach of the peace or assault but nothing to do with TVL/BBC we can presume although it implies in the guidance otherwise, its another scare tactic)

It is best practice and advisable to ask the occupant to turn on the TV if one is found, but if the occupant refuses, the warrant gives the officer the authority to test the set and to note what is found.

(There is no obstruction for refusing to assist after all that is what the warrant is for to test the equipment you do not have to assist they are the experts let them do the hard work if they cant turn it on where is the evidence)

A search warrant is not an appropriate means of obtaining a persons name.

(no name = no summons to court)

Important to remember the TVL Capita guidance is just that guidance a lot is not actually backup up in law and what is sort of there is actually vague for example that no TV licence is a criminal offence can the police deal with that offence separately to the BBC. I have searched extensively and found no cases where the Police have arrested or reported anyone in relation to TV related matters either for obstruction or assault or indeed section 25 Pace. I have not found any instance where an Individual has been charged by the police under the communications act in relation to TV licencing breaches at all.

If you don't watch live TV and feel the easiest option it to let them in then let them in wont they look like idiots when they find nothing and went to all that trouble of getting a warrant. 

But from all this I feel it is safe to say the best course of action is simply to close the door, don't communicate in any way shape or form at that time. They only have a month to execute the warrant you simply don't answer the door. Use your new doorbell to screen callers if they cant get in they cant use the warrant after all they cannot break in by their own policy.

The entire process boils down to this, if you commit multiple offences, of watching TV and instructing the TVL guys get their warrant just exactly what can they do to you?

Without your co-operation they basically cannot do anything to you they cannot even interview you without you cooperating you are not under arrest and can simple walk away go to the pub, sit in the park it doesn't matter as they can only get you into court via a court summons to do that they need your details the details of the person who breached the act and committed the offences or knowingly allowed the offences to take place. Without you giving them those details they are powerless, they cannot interview you, cannot detain you, cannot arrest you.

I notice that they have chosen to not given the full Pace warning. Why? because they actually have no power to interview you against your wishes.

A normal PACE caution would be given once an offence was identified. You would tell the person You are not under arrest and are free to leave. You are free to seek legal advice etc.

I suspect if they gave that section people would just walk off on their merry way which is what you should do.

A TV License covers an address and is issued in the name of the person who paid it. So if there is no TV licence and no one gives a name the BBC can only proceed with a summons if they have a named person who actually committed the offence.

That's what it all boils down to the BBC can only prosecute a person who helps them, so if you have no contact, don't engage and don't give your name and they are powerless.

TV Detector vans are as common as Alien spaceships in Trafalgar square.

Some parts of this are repeated but that is to ensure that you understand your rights and just how little power these goons have. British gas has more power than them. They can get warrants with ease and often break in for safety reasons. The local planning officer has more power of entry than the goons and so do the fire brigade.