Applying for a search warrant... what do they need?

[Nibor]

IIRC the BBC policy is not to allow their agents to force entry, maybe @Nibor can confirm.

As I said they have no right of entry so will not force entry.

 

[glasgowcyclist]

As I said they have no right of entry so will not force entry.

I was referring to their agents being in possession of a warrant.

GC

 

[Beebo]

The TV licensing people send out bullying letters as a matter of policy, and they expect the recipient to pay for a stamp so that their database can be updated free of charge. That gets up the snouts of some people.

But someone has to pay for us to watch Bake Off.

 

[Nibor]

I was referring to their agents being in possession of a warrant.

GC

Don't be daft they strictly go for the low hanging fruit. Typical fines are about £200 not worth the effort of a search warrant there are stupid people to be had.

 

[User6179]

As I said they have no right of entry so will not force entry.

Can I as a Question , can enforcement agents for tv licensing obtain an execute a warrant or is it only the police that can do that , seen a few clips from youtube and it looks like tv licensing have the warrant which I thought was strange as should it not be police/criminal matter?

 

[Nibor]

They will be accompanied by the Police if executing a warrant

 

[glasgowcyclist]

Can I as a Question , can enforcement agents for tv licensing obtain an execute a warrant or is it only the police that can do that , seen a few clips from youtube and it looks like tv licensing have the warrant which I thought was strange as should it not be police/criminal matter?

It's a civil matter so the warrant is issued to the agents of the BBC, not the police. Police are asked to tag along in case there's a breach of the peace but really to create a bit more of a threatening effect on the occupier. The police have no involvement in the warrant although may try to convince otherwise.

GC

 

[Tim Hall]

A) Tell them to FRO
B) Tell (remind) them, that as employees of Capita, they have no statutory powers.
C) See A)

 

[glasgowcyclist]

Don't be daft they strictly go for the low hanging fruit. Typical fines are about £200 not worth the effort of a search warrant there are stupid people to be had.

I'm not sure if we're talking at cross purposes here so I'll try to clarify. I'm looking for confirmation that when agents acting for TV Licensing do have a warrant, BBC policy prevents them from forcing entry.

GC

 

[pawl]

The short answer is no, they need evidence.

They don't furnish figures for warrants issued/executed even via FOI requests but from general chitchat on the web they are rare. They have to present credible evidence that you are receiving broadcasts at your unlicensed address. That means they'll need to see or hear the TV in use, or have your admission to using one, or make it up.

Having ignored their threatening letters for over eight years I'd say don't worry about this if you don't need a licence. And I've had calling cards saying an officer had visited but I saw the guy and he was just a G4S bloke doing a card drop & run. Didn't even knock the door!

It's highly unlikely that you'll be visited by TV Licensing with a warrant and this is just another of the scare tactics they use in the hope of provoking a response. Once they've got a live one they'll pay more attention to that address so don't reply to any of their correspondence.

IIRC the BBC policy is not to allow their agents to force entry, maybe @Nibor can confirm.

GC

I thought they could check TV usage electronically.or don't they have detector vans on this high tech age.

 

[EnPassant]

What exactly are they looking for?

Possession of a tv isn't proof of watching live broadcasts (or iplayer since the first of this month).
You could be watching DVD's on it, streamed non-live content, files from a hard drive or any other source. Thus you have "A television" but you aren't watching the things you need a licence for.

Maybe @Nibor could say if a tv with a co-ax aerial attached or a satellite dish is enough? Even if it's not on.
But depending on your setup, that might not be immediately obvious anyway?

AFAIK, they either have to catch you in the act of watching something that requires a licence, i.e. the fabled detector van. Or bully/bamboozle/threaten/trick somebody into an admission. Possession of a "tv set" isn't enough in todays world that I know of.

 

[MontyVeda]

Not being funny.
But if you genuinely don't have a tv, why don't you just let them in to see for thereselves?

Because they've never knocked on my door. All they do is send me threats.

 

[MontyVeda]

...
You have two choices respond to the letters and tell them you don't use a TV the letters will stop for a period not sure how long or ignore them and someone will knock on your door and you can tell them you haven't got a TV and the letters will stop for a while.

I am an ex TV licencing employee. Any further questions please feel free to ask.

As mentioned, I used to jump through their hoops. I filled in the form and posted it back in the first instance. This made no difference. I logged into their website and ticked al the boxes. This made no difference either. I rang them up, ranted about them ignoring my previous correspondence, they apologised and said they'd hold off the letters for three years, after which point they'd assume I've moved, send a letter and I simply notify them again. I'm happy to tell them every three years that i don't have a telly... but it didn't work out like that. I guess around nine months later, the letters started again so i rang them up, asking what happened to the three year thing. It's my post code apparently, high risk so the letters start sooner.

This is when I decided to ignore them. No more hoop jumping. I'm not obliged to continuously inform an agency of items i don't posses. I don't get letters from the DVLA saying You don't have a driving licence, these are the penalties for driving illegally.

Not being funny.
But if you genuinely don't have a tv...

I have got a telly BUT... it's an old analogue one which i bought of Ebay after the analogue signal was turned off, and is used for my playstation (used to use a CRT video monitor, but that was really fuppin heavy). This telly can't receive a signal in the UK, but I'm worried they might see it as the evidence they're looking for, when it ain't.

The only time this 'telly' comes out of the closet is when i play video games (can't remember the last time). I watch DVDs and dodgy downloads on a pc monitor.

The other reason this is on my mind is the new 'any device' ruling such as smart phones, computers and tablets. I don't want them coming round going "you've got a smart phone/laptop, so you could easily watch iplayer." I don't know if i could prove that i don't... where would that leave me vs. a 'jobsworth' officer???

Oh, and the other reason is, many of my dodgy downloads are old BBC programmes... but that copyright infringement is well out of the jurisdiction of TV licensing, right?

edit...

...
I am an ex TV licencing employee ...

definitely an 'ex' one? I may have said too much

 

[snorri]

What would be achieved by obtaining a search warrant and searching the premises?
Perhaps things have changed, but it used to be the case that the householder had to be caught in the act of watching the tv, ie actually using a device to receive a tv signal. Most people cave in to the threats or incriminate themselves with careless words.
I'll be pleased to be updated if things have changed.

 

[glasgowcyclist]

As mentioned, I used to jump through their hoops. I filled in the form and posted it back in the first instance. This made no difference. I logged into their website and ticked al the boxes. This made no difference either. I rang them up, ranted about them ignoring my previous correspondence, they apologised and said they'd hold off the letters for three years, after which point they'd assume I've moved, send a letter and I simply notify them again. I'm happy to tell them every three years that i don't have a telly... but it didn't work out like that. I guess around nine months later, the letters started again so i rang them up, asking what happened to the three year thing. It's my post code apparently, high risk so the letters start sooner.

This is when I decided to ignore them. No more hoop jumping. I'm not obliged to continuously inform an agency of items i don't posses. I don't get letters from the DVLA saying You don't have a driving licence, these are the penalties for driving illegally.


I have got a telly BUT... it's an old analogue one which i bought of Ebay after the analogue signal was turned off, and is used for my playstation (used to use a CRT video monitor, but that was really fuppin heavy). This telly can't receive a signal in the UK, but I'm worried they might see it as the evidence they're looking for, when it ain't.

The other reason this is on my mind is the new 'any device' ruling such as smart phones, computers and tablets. I don't want them coming round going "you've got a smart phone/laptop, so you could easily watch iplayer." I don't know if i could prove that i don't... where would that leave me vs. a 'jobsworth' officer???

So far as a phone or mobile device is concerned, or a TV for that matter, you don't need to prove anything - they do!

Simply ignore them as you have been doing and don't ever engage in a discussion with them on the doorstop, should they ever appear. Give no information and close the door.

GC