The following letter is not intended to be legal advice.
I am particularly interested to hear about any successful fraud cases against TV licence investigators.
NOTICE TO AGENT IS NOTICE TO PRINCIPAL – NOTICE TO PRINCIPAL IS NOTICE TO AGENT
The Legal Occupier
123 Any Street
Anytown AB123 CDE
All agents acting for and behalf of:
TV Licensing, Darlington DL98 1TL
Dear Sir or Madam,
WARNING: YOUR IMPLIED RIGHT OF ACCESS TO THIS PROPERTY HAS BEEN REMOVED
We are writing to inform you that we have removed your Implied Right of Access to the above property. If we find that you, or any other representative of the companies named above, have entered onto this property without our prior written permission, you will have committed a criminal offence of Aggravated Trespass and we can take your statement under caution in accordance with Sections 68 and 69 of theCriminal Justice and Public Order Act 1994.
We are taking this step because:
In Michael Shakespeare v TVL it was shown on appeal that TVL had been using falsified evidence to gain a conviction.
The threatening letters you have sent me which say “Your property is now under investigation”, “Officers have now been authorised to investigate your property” etc has caused great distress.
Under Section 2 of the Protection from Harassment Act 1997, it is a criminal offence of harassmentto make demands for money in such a manner that it causes alarm, distress or intimidation. This is the case no matter what method you use to make contact – whether by telephone, email, letter or in person. Punishment on conviction is six months imprisonment and/or a level 5 fine of up to £5,000, plus legal costs.
Article 8 of the Human Rights Act 1998, which provides “right to respect for private and family life” and specifically states that “there shall be no interference by a public authority with this right”
The removal of your Implied Right of Access is the first step in our action to seek prosecution. Please be aware that should you or any other representative of your company set foot on the above property at any time, your statement can be used as evidence, along with any video and audio evidence obtained.
Aggravated Trespass is a summary offence that is heard in the magistrate’s courts and carries a maximum sentence of six months imprisonment. A charge of conspiracy to commit aggravated trespassalso carries a maximum six-month sentence, but it is an indictable offence, which means the case will be heard in front of a jury in the crown courts. We take this offence extremely seriously and have successfully prosecuted others for this same offence in the past.
We strongly advise that you act now to stop representatives of your company from entering onto the above property, as failure to do so may result in a criminal prosecution against your company and the individuals involved. You can avoid this easily by updating your records to show that a TV Licence is not required at the above address, and kindly informing your staff that they will be subject to criminal prosecution if they intrude onto the above property.
Data Protection Act, please remove my details from your database.
The Legal Occupier
© Basket of Deplorables 2021
The Goodnight Vienna Audio file