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TV Licence Offence & What is its Impact on ILR: Please H

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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DrFixit
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TV Licence Offence & What is its Impact on ILR: Please H

Post by DrFixit » Tue Jan 29, 2013 3:25 pm

About 6 months ago a TV licence guy came my home, unfortunately our TV licence was expired and i did not have money to pay up for it. I apologized to the Licence guy and told that our TV wiring is burnt, no one watches it, but i shall still make sure that i pay up for the fee asap which i did so with in few days. However, after 6 months, i have received court summons and its freaking me out.

Even though i paid the licence 6 months ago, why did they still send me the court letter when the payment was made.

Also does my case have any leg to stand if i go to court? what happens if i fight my case and lose and what are chances to that?

Lastly, what happens if i plead guilty and send papers to court, they will most likely fine me? but most importantly how negatively it shall impact on my ILR application which is due in JUNE.

Any legal advice or any advice shall be highly appreciated.

Thanks

Gagan1986
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Re: TV Licence Offence & What is its Impact on ILR: Plea

Post by Gagan1986 » Tue Jan 29, 2013 3:31 pm

DrFixit wrote:About 6 months ago a TV licence guy came my home, unfortunately our TV licence was expired and i did not have money to pay up for it. I apologized to the Licence guy and told that our TV wiring is burnt, no one watches it, but i shall still make sure that i pay up for the fee asap which i did so with in few days. However, after 6 months, i have received court summons and its freaking me out.

Even though i paid the licence 6 months ago, why did they still send me the court letter when the payment was made.

Also does my case have any leg to stand if i go to court? what happens if i fight my case and lose and what are chances to that?

Lastly, what happens if i plead guilty and send papers to court, they will most likely fine me? but most importantly how negatively it shall impact on my ILR application which is due in JUNE.

Any legal advice or any advice shall be highly appreciated.

Thanks
You need to consult a solicitor who can get you out of this TV licence situation. If you plead guilty then you cannot apply for ILR for another 2 years if it is regarded as conviction. Get a PNC or CRB check after the case is settled and see what comes up

DrFixit
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Re: TV Licence Offence & What is its Impact on ILR: Plea

Post by DrFixit » Tue Jan 29, 2013 4:03 pm

Gagan1986 wrote:
DrFixit wrote:About 6 months ago a TV licence guy came my home, unfortunately our TV licence was expired and i did not have money to pay up for it. I apologized to the Licence guy and told that our TV wiring is burnt, no one watches it, but i shall still make sure that i pay up for the fee asap which i did so with in few days. However, after 6 months, i have received court summons and its freaking me out.

Even though i paid the licence 6 months ago, why did they still send me the court letter when the payment was made.

Also does my case have any leg to stand if i go to court? what happens if i fight my case and lose and what are chances to that?

Lastly, what happens if i plead guilty and send papers to court, they will most likely fine me? but most importantly how negatively it shall impact on my ILR application which is due in JUNE.

Any legal advice or any advice shall be highly appreciated.

Thanks
You need to consult a solicitor who can get you out of this TV licence situation. If you plead guilty then you cannot apply for ILR for another 2 years if it is regarded as conviction. Get a PNC or CRB check after the case is settled and see what comes up
I am on Tier 1, but in september i will be in the country for 10 years and shall qualify for 10 years long residence. I called CRB people and they confirmed TV Licence offence does not show up in Enhanced CRB.

I don't get it why they sent me court letter after 6 months of payment?

Can you please suggest some affordable lawyer in London?

Regards

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Casa
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Post by Casa » Tue Jan 29, 2013 4:11 pm

Even though i paid the licence 6 months ago, why did they still send me the court letter when the payment was made.

Due to the fact that you only paid for the licence after you had been found out. If you took out a car insurance after being stopped without one, you would still be prosecuted. :?

DrFixit
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Post by DrFixit » Tue Jan 29, 2013 4:16 pm

Casa wrote:Even though i paid the licence 6 months ago, why did they still send me the court letter when the payment was made.

Due to the fact that you only paid for the licence after you had been found out. If you took out a car insurance after being stopped without one, you would still be prosecuted. :?
What is a way out? i am here for 10 years and just delaying the tv licence payment should not leave such a negative impact that i have to wait another 2 years and i did not even delay it to avoid it, i was having some financial troubles. Please suggest some way out of it :(

DrFixit
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Post by DrFixit » Tue Jan 29, 2013 9:21 pm

Gagan and Casa, please let me know of this. Int his thread http://www.immigrationboards.com/viewtopic.php?t=120784 Moderator has quoted this particular clause

"As a result, general grounds of refusal (Part 9 of the immigration rules) will be amended to include the following changes with regards to criminality threshold in context of ILR applications: "
(1C) where the person is seeking indefinite leave to enter or remain:

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”
I called CRB they said TV licence offence does not come up on Enhanced CRB and the summon ltter says that TV Licence is a non recordable criminal offence which does not come in National Database. Where does this leave me with Tv licence issue? will it still talk to me over for 2 years?

I am pretty stressed out over this, so please any help will be highly appreciated.

DrFixit
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Post by DrFixit » Thu Feb 07, 2013 9:50 am

Any expert here to put some light on it?

I have read so many threads where people with driving offences and court fines got their ILR's most of them had no unspent or spent convictions on their CRB reports, but i also noted most of these people applied prior to UKBA 24 months threshold.

So does it mean even if i am clear on enhanced CRB, i shall still be refused?

There are so many threads on Traffic offences, but hardly any on Tv licencing.

zen135
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Post by zen135 » Sat Feb 09, 2013 4:38 pm

I would advise you to call the TV Licensing Prosecution Dept. on 03007906034 and let them know about your circumstances and offer to pay for the TV License in full for the year ahead in advance if needed to avoid prosecution.

I did the same about a year back and they agreed to cancel the summons.

Let me know how it goes.

DrFixit
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Post by DrFixit » Sat Feb 09, 2013 9:48 pm

zen135 wrote:I would advise you to call the TV Licensing Prosecution Dept. on 03007906034 and let them know about your circumstances and offer to pay for the TV License in full for the year ahead in advance if needed to avoid prosecution.

I did the same about a year back and they agreed to cancel the summons.

Let me know how it goes.
Thanks, i called them atleast 4 times. Explained them my situation, but they refused to take summons back. I think the reason they did not take back is because i had already paid 5 months ago and secondly i think they felt their case is pretty strong.

I am going through very rough state of mind due to this, already been to court and pleaded not guilty and now i have a new hearing in couple of months time.

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