Withdrawing implied right of access and your personal
details
Many people who have withdrawn the implied right of access from
TVL/BBC have been told that TVL/BBC will not acknowledge their instruction
until it has been provided with their personal details. Here is one such
TVL/BBC response:
Similar wording from another TVL/BBC letter:
"I understand your reasons for not giving your name. However,
we can't accept an anonymous withdrawal of the implied right of access to a
property, as we can't be sure a person has the right to make such a withdrawal.
If you will kindly advise your name, we will of course adhere to your
instructions regarding the right of access to your property, although we may
use other methods of enquiry to confirm the situation."
These responses are tantamount to a
declaration of war on the private citizenry - but do not be provoked; let us
examine the BBC's statements matter-of-factly.
Note the addressee of the above letter:
The Present Occupier. This contrasts with the BBC's usual term of address which
is Legal Occupier. What the BBC is doing is referring to people as Legal
Occupier when it wants to threaten them, since this term infers some sort of
legal culpability. But when the BBC wants to prevent occupants from exercising
their legal rights, it changes its description to Present Occupier, which
suggests that the resident is transient and therefore without legal
entitlements. In reality, neither prefix has any significance; an occupier is
an occupier.
As for TVL/BBC's need of personal
details, it writes to householders whose names it does not know seeking
entry to their premises. It does not say to anonymous householders:
"We can't accept an anonymous granting of access to a
property, as we can't be sure you have the right to make such an invitation".
Therefore, we can reason that TVL/BBC's claim that
"we can't accept an anonymous withdrawal of the
implied right of access to a property" is
false.
A member of the public who wrote back to the BBC, restating that
the implied right of access had been withdrawn, received this reply:
TVL/BBC refers to its "common law" right
to approach a property. This is correct, but only in so far as all
people have a right to approach a front door. The issue here is whether the
resident can withdraw that implied right, and what the BBC fails to
explain is that, subject to a warrant issued by a court, the resident's right
to permit or prevent access is absolute; whether it is implied or express is
immaterial.
But do not take this website's word for it. In 2009, a
question was put to the BBC under the Freedom of Information Act to confirm or
deny whether, ... a legal occupier ... is NOT required by law to submit
their name to you ... to serve a notice of "Withdrawal of Implied Right of
Access"
The BBC replied (read the letter
in full here):
Only the first sentence is relevant; there is no legal
requirement on an individual to provide their name. Period. Everything else in
the extract is TVL/BBC's wish, and therefore of no
consequence.
So long
as a letter withdrawing access is seen to come from the address in question,
and that it responds to a letter sent to that address by TVL/BBC, those facts
combined prove that the writer is the resident. If TVL/BBC persists, write
back:
"As
stated previously, your implied right of access is withdrawn. Your letter will
be placed before the court as evidence you have received my instruction
withdrawing implied rights of access. You state that you will still attempt to
access my property - this letter places you on notice that I regard any
approach as
harrassment". Photocopy your
letter before posting, and send it by recorded
delivery.
The poorest man may in his cottage bid defiance to all the
forces of the Crown. It may be frail, its roof may shake, the wind may blow
through it, the storm may enter, the rain may enter - but the King of England
cannot enter; all his force dares not cross the threshold of the ruined
tenement.
William Pitt the Elder,
1708-1778 |
|