Removal of Implied Right of Access

Removal of Implied Rights of Access

This is an extremely powerful document used in the correct circumstances. It can be posted as a notice on the entrance to your property or sent to a Corporation as notice that they should not send agents to your property. 

If you don't remove a Implied rights of access,  a door left open is an implied license for a bailiff to enter,  Faulkner v Willetts [1982] Crim LR 453 

Debtors can also remove implied right of access to property by telling him to leave: Davis v Lisle [1936] 2 KB 434 similarly, McArdle v Wallace [1964] 108 Sol Jo 483 

A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256. 

TV Licence state, in writing, that Removing your Implied Rights of Access is a Common Law Right

Removal of Implied Rights of Access (All Corporations) Template

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To all that it concerns


NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLIES


Notice of Removal of Implied Right of Access


You are advised to read the following notice thoroughly and carefully. It is a lawful notice. It informs you. It means what it says. I hereby give notice that the implied right of access to the property known as <your Address> [<your Postcode>], and surrounding areas, has been removed, along with all associated property including, but not limited to, any private conveyance in respect of the following:

1) ANY employee, principal, agent, third party or representative or any other person acting on behalf of or under the instruction of CAPITA LIMITED or MARSTONS HOLDINGS LIMITED or JACOBS ENFORCEMENT LIMITED, EQUITA LIMITED, or ROSSENDALES LIMITED OR JBW GROUP LIMITED or NEWLYN PLC or COLLECTICA LIMITED or ROSS AND ROBERTS LIMITED or RUNDLES AND CO LIMITED or HIS MAJESTY'S COURT SERVICE, or any other CORPORATE BODY (i.e. Company) howsoever named and, 

2) ANY POLICE OFFICER who is acting for the CORPORATE POLICE and NOT acting as a Constable for and on behalf of His Majesty King Charles III and his people as expressed in the Oath of Office of all POLICE men and women, that is as Public Servants, upon your Oath of Office to serve "with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property"

COMMON LAW JURISDICTION APPLIES EXCLUSIVELY

Please also take notice that the land known as England, Wales and Northern Ireland are Common Law jurisdictions and any transgression of this notice will be dealt with Private Prosecutions according to, and under, the Common Law.

Any and all access to the above-mentioned properties shall be by strict invitation only and shall be subject to terms and conditions, available by written request.

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 Protection from Harassment Act 1997 Section 8: "Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another" .

Please note that Harassment is both a Civil Tort and a Criminal offence for which your company and any individuals can both be sued and prosecuted. You are formally notified that any attempts at visiting my property will be considered Harassment in breach of the Protection from Harassment Act and Article 8 of the ECHR.

We do not have, and have never had, a contract. And any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn. If you feel so inclined as to enforce statutes as a consequence of this matter I will report your conduct to ALL relevant bodies and will pursue Proof of Claim in affidavit form, under your full commercial liability and under the penalty of perjury.

You are deemed to have been served this notice with immediate effect.

In sincerity and honour, without ill-will, frivolity, or vexation,

<First Name: of the <Family Name> family.

Without any admission of any liability whosoever, and with all Indefeasible Rights reserved.

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The STANDARD response from CAPITA

Police use of ROIROA

Even Police forces use this type of notice as it is an accepted form of legally 

informing certain parties that they are not welcome to enter a certain area:

The Legal Aspects

Once served with the document, any Corporation sending agents to your property is in a position of committing the Civil offence of Trespass. If the agent then does anything to obstruct you or any of your family, they are committing the Criminal Offence of Aggravated Trespass. The notice effectively removes the initial step of asking the Civil Trespasser to leave.

Case Law:


Turning The Tables on the TV Licence Goons

Turning The Tables on the TV Licence Goons


There is absolutely nothing to fear from the goons who work for the BBC's protection racket - Capita/TVL. These scumbags have no power whatsoever and they can't obtain a warrant to enter your home unless they have good evidence that you're breaking the law. And the only way they can get that is if you give it to them on a plate by answering their questions and then signing their 178 form. So don't give them the time of day. We need to put these goons out of business, permanently!



Tips for Avoiding TVL/BBC harassment


1) No contact


Simply ignore TVL/BBC. Their letters are computer-generated and sent out by the hundred-thousand. The purpose of these "official warnings" and threats of "imminent legal action" is psychologial rather than actual. Once this is realised, the letters cease to have any effect or credibility.


The same applies to home visits. If someone called at your door and asked to see whether you had a washing-machine or a food-mixer, would you let them in? Of course not, so why permit TVL/BBC to look for a TV, video or DVD player? People who work for TV Licensing have no more right to enter private residences than people selling dusters.


Without entry, TVL/BBC have no sure means of knowing whether a house has equipment set up to receive broadcasts. That is why they rely on mass mailshots, declaring messages such as, "This is your final warning". They rely on householders' own reaction to these letters, and on self-incrimination during home visits. Without YOUR co-operation, TV Licensing is impotent.


What about search warrants? Before a search warrant can be issued, TV Licensing must satisfy the court that they have "reasonable grounds" for believing that broadcasts are being received at the unlicenced address. The simple absence of a licence does not constitute this, nor does the householder's refusal to communicate with TV Licensing  To obtain a search warrant, TV Licensing must offer the court positive evidence, such as seeing or hearing a television, or the householder's own admission. Without such evidence, TV Licensing cannot apply for a search warrant, and without a search warrant, they cannot enter. So, they are back to square one.


The "no contact" method is therefore to ignore the letters and to keep the door shut to TVL/BBC visitors. A drawback of this approach is that TVL/BBC will keep coming, but the benefit is that it wastes their time and money: Every £100 spent chasing "no contact" households is £100 less spent on BBC propaganda. And that can only be a good thing.



2) Removal of "Implied right of access"


There is a way to stop TV Licensing approaches. Although houses and flats are private property, there exists an "implied right of access" to enable postal deliveries, newspaper rounds, and other people who wish to visit. This means that the pathway, doorbell and letter box may be used by visitors without the express permission of the owner. Invitiation to use them is "implied". As a result of this, TV Licensing can come up your path and ring your door bell.


To prevent TV Licensing approaching your property, write to them, stating that you have withdrawn their implied right of access. There is no need to indicate whether you have a television, and you do not need to give your name. You can withdraw access in the name of "legal occupier".


That will (should) keep their employees away, but it will not stop the delivery of TV Licensing letters, since it is the postman who uses your letter box. So, inform TV Licensing that you consider their written contact as harassment. This combined approach - withdrawing their implied right of access, and informing them that their contact is harassment - should prevent further contact. At least for a while.


Finally, under no circumstances do you admit or sign anything. TV Licensing employees are NOT the police; they are a private company and have no special legal powers. They rely on you providing information, which they will seek to use against you.


Here is a template letter that you can send to the TV Licensing head office in Bristol. You can also hand this letter to any TV Licensing goon that calls at your door. The letter is written in the exact same style as the letters sent out by TV Licensing. As stated above, you have no obligation whatsoever to talk to a TV Licensing goon or even answer the door to them. However, if you hand them the letter below, they will be committing a Civil Tort "Trespass" if they call at your home again, if they then obstruct your daily business they will be committing the Criminal Offence of "Aggravated Trespass" and can be arrested. Simply copy and paste the text below into a new Word file and then print it out. Then have it ready to hand to the TV Licensing goon when they come to your door. The Removal of Implied Rights of Access can be service on the TV Licence Head Office by email and post to notify ALL their employees that they can sued for Trespass if the attend the property. 

Removal of Implied Rights of Access for TV Licence Template

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NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT

FROM:

The Legal Occupier

123 Any Street

Anytown AB123 CDE


TO:

All agents acting for and behalf of:

· TV Licensing, Bristol BS98 1TL

· Capita plc, 71 Victoria Street, London SW1H 0XA


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:


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.


Yours faithfully,




The Legal Occupier

NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT

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BAILIFF COURT FINES


NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT


FROM:

The Legal Occupier

123 Any Street

Anytown AB123 CDE

Date:


TO:


All agents acting for and behalf of:


[Name and Address of Debt Collection Company sub-contracted by the Court]


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 the Criminal Justice and Public Order Act 1994.

We are taking this step because:

Your Corporation appears to be operating under the misapprehension that a Magistrate Court Warrant exists and that in someway confers the power of the Court to your Corporation. If such a court order exists, you will have no problem supplying a copy of the order to myself as per Civil Procedure Rules 40.4 (1) (b). Failure to provide a copy of the Magistrates Court signed and sealed Order, clearly identifying the Magistrate who issued the order, will confirm that no such order exists and you are in fact acting unlawfully in claiming you are acting under such authority.

Your company is acting unlawfully in attempting to "levy distress" for your client. The Tribunal Courts and Enforcement Act 2007 makes not mention of private companies acting as enforcement agent, leaving your company unrecognised as an entity in enforcement law and unregulated. The Magistrates Court Act 1980 Section 125B only allows authorised companies to "execute warrants". If you have such a warrant, you can execute it by sending it via Royal Mail as other court documents are executed. Section 4 of the Magistrates Court Act 1980 states "(4)Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or [in the case of a warrant of control, against whom the warrant is issued] , be shown to him as soon as practicable. ". I formally demand that the warrant be shown to me immediately.  I require a written paper copy with Judge's signature and Court seal be presented before any enforcement action is taken. 

Under Section 2 of the Protection from Harassment Act 1997, it is a criminal offence of harassment to 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.

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 trespass also 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 returning this matter back to the Court, and kindly informing your staff that they will be subject to criminal prosecution if they intrude onto the above property.

Please note that my fees for dealing with issues of this type are £50 per letter, £250 per phone call and standard consultancy fee of £500 per hour, or part thereof, for all other methods of communication.

Yours faithfully,


The Legal Occupier


NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT 

Removal of Implied Rights in Scotland

In Scottish Law, there is not "implied right of access", it is a feature of English Common Law. So the wording of a the cancellation of any right to trespass on your property needs to be worded slightly differently.

To all that it concerns


NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLIES


Notice of Removal of Implied Right of Access under Scottish Law


You are advised to read the following notice thoroughly and carefully. It is a lawful notice. It informs you. It means what it says. I hereby give notice that the implied right of access to the property known as <your Address> [<your Postcode>], and surrounding areas, has been removed, along with all associated property including, but not limited to, any private conveyance in respect of the following:

1) ANY employee, principal, agent, third party or representative or any other person acting on behalf of or under the instruction of CAPITA LIMITED or MARSTONS HOLDINGS LIMITED or JACOBS ENFORCEMENT LIMITED, EQUITA LIMITED, or ROSSENDALES LIMITED OR JBW GROUP LIMITED or NEWLYN PLC or COLLECTICA LIMITED or ROSS AND ROBERTS LIMITED or RUNDLES AND CO LIMITED or HIS MAJESTY'S COURT SERVICE, or any other CORPORATE BODY (i.e. Company) howsoever named and, 

2) ANY POLICE OFFICER who is acting for the CORPORATE POLICE and NOT acting as a Constable for and on behalf of His Majesty King Charles III and his people as expressed in the Oath of Office of all POLICE men and women, that is as Public Servants, upon your Oath of Office to serve "with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property"

Any and all access to the above-mentioned properties shall be by strict invitation only and shall be subject to terms and conditions, available by written request.

You rights are formally removed to visit the property and be notified that: 

 The Land Reform (Scotland) Act 2003, which states that private homes and gardens are excluded from any "right to roam";

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 Protection from Harassment Act 1997 Section 8: "Every individual has a right to be free from harassment and, accordingly, a person must not pursue a course of conduct which amounts to harassment of another" .

Please note that Harassment is both a Civil Tort and a Criminal offence for which your company and any individuals can both be sued and prosecuted. You are formally notified that any attempts at visiting my property will be considered Harassment in breach of the Land Reform Act, the Protection from Harassment Act and Article 8 of the ECHR.

We do not have, and have never had, a contract. And any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn. If you feel so inclined as to enforce statutes as a consequence of this matter I will report your conduct to ALL relevant bodies and will pursue Proof of Claim in affidavit form, under your full commercial liability and under the penalty of perjury.

You are deemed to have been served this notice with immediate effect.

In sincerity and honour, without ill-will, frivolity, or vexation,

<First Name: of the <Family Name> family.

Without any admission of any liability whosoever, and with all Indefeasible Rights reserved.

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