New video footage has emerged showing a TV Licensing goon visiting a legally-licence-free property in the Leeds area.
Judging by the footage the occupier appears to have answered the door, quickly established the visitor's identity as a TV Licensing goon and then returned inside to fetch a camera. The footage begins when the occupier returns to the front door with his camera rolling.
This video serves as a demonstration of how not to deal with TV Licensing goons. The comments of the occupier have undoubtedly heightened TV Licensing's interest in his property. To put not too fine a point on it, the occupier descends into a mush of "Freeman of the Land" bullshit, much to the clear amusement of the smirking goon.
The encounter is transcribed below:
Occupier: Right, just so you know I'm recording you.
Goon: Okay mate, yeah.
Occupier: Okay. You do know that last time you (TV Licensing) were around I removed your implied rights of access?
Goon: Okay, well there's no record of that.
Occupier: Well I have.
Goon: Have you written in to say that?
Goon: Obviously you'd need to live here in order to do that. You'd need to write in and tell them that you'd withdrawn the implied rights of access.
Goon: Obviously you've got a TV, because I could see it as I walked up the drive and it's on.
Occupier: Uh huh.
Goon: Do you have a TV licence?
Occupier: I've no intention of getting one.
Goon: Okay. Well I have to tell you that you do not have to say anything unless you wish to do so, but it may harm your defence (Occupier: You've got no authority) if you do not mention when questioned something which you later rely on in court.
Occupier: You've got no authority to be able to turn around and say that to me.
Occupier: Are you a police officer?
Goon: No I'm not.
Occupier: Right. So what are you saying that for?
Goon: Because you're committing an offence.
Occupier: I'm not committing an offence.
Goon (smirking): Okay. Why's that then?
Occupier: There's not a law that says I have to have a TV licence.
Goon: The Communications Act 2003.
Occupier: Which is statutory legislation.
Goon: Yes, that's right.
Occupier: Right, okay. Statutory legislation requires both parties to agree to it first.
Goon (confused): Where have you got that from?
Occupier: That's just fact.
Goon (still confused): Where does it say that?
Occupier: Right. It just does.
Goon (more confused): So an Act of Parliament is not the law? Is that what you're saying?
Occupier: Under common law it doesn't matter.
Goon (totally baffled): Well, are you saying...
Occupier: Under common law, statutory legislation, it requires me to agree to be charged by the BBC and I do not agreeing to be charged by the BBC.
Goon: I'm not charging you...
Occupier: Not only that, can you tell them...
Goon: No-one's charging you. You've not been charged.
Occupier: Well you're not going to get any details from me. Do what you want, simple as. There you go. You're implied right of access has been removed.
Goon: Thank you for your time.
Occupier: Please leave.
Had the occupier simply kept quiet and closed the door, the goon wouldn't have been able to obtain any evidence. By continuing the doorstep dialogue, under caution, the goon can now go away and tell his bosses the following:
- He saw a TV set in use as he walked up the drive. The occupier offered no lawful excuse for the presence of the TV set.
- When he challenged the occupier about the presence of a TV set, the occupier said he didn't have a TV licence and had no intention of getting one because the legislation didn't apply to him.
You can probably imagine how well that second point will sit with the Magistrates, should this case get as far as court.
It's also worth highlighting the occupier's comments that he had previously made a withdrawal of implied rights of access (WOIRA) instruction to TV Licensing. As is often the case, it appears that TV Licensing has totally ignored the occupier's valid WOIRA instruction.
WOIRA is a dynamite option, which is guaranteed to heighten TV Licensing's interest in a property. It should only be used by people 100% within the legislation, who do not mind the prospect of direct confrontation with TV Licensing.
WOIRA should never be issued on an empty head.