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Withdrawing implied right of access and your personal
details
Some people who have withdrawn TVL/BBC's implied right of access
have been told that they must first provide their personal details. Here is one
such TVL/BBC response:
"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."
Let's examine this statement.
TVL/BBC say they cannot accept
withdrawal of implied right of access unless they know the name of the
householder. Yet, TVL/BBC writes to householders - whose names it does not know
- seeking entry to their premises.
There's a whiff of contradiction here.
If personal details are necessary for TVL/BBC not to approach private
premises, then they must also be necessary to enter private premises;
otherwise, TVL/BBC callers would 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".
TVL/BBC does not say this; it has never
held back from entering houses of persons whose names it does not know.
Therefore, we can deduce that its claim that "we can't accept an anonymous
withdrawal of the implied right of access to a property" is untrue.
It should be borne in mind that the
issue here is whether the resident can permit or prevent access; whether it is
implied or express is immaterial.
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 in saying
it does not accept withdrawal from an unnamed source, write back:
"Your
letter will be placed before the court as evidence you have received my
instruction withdrawing implied rights of
access".
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 |
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