A WORCESTER man who won his appeal against his conviction for not having a television licence as he only watches catch-up programmes says he has been through a nightmare.

Nick Thomas said it had been hellish ever since last December when a television licensing officer called at his home and a low point was when he was hit with the magistrates’ fine.

But a loophole in the law meant he won his appeal in court this week.

Speaking after his victory from his home in Victoria Place, off London Road, Mr Thomas, who suffers from depression, said: “I was staggered when I got the letter, they gave me less than three weeks to pay the fine,” he said.

“I’m on benefits and I get paid fortnightly, which would have been a big chunk of my benefits.

“I said straightaway ‘this is not right, I only watch catch-up TV’.

“I know my rights, so I defended myself.

“I’m just glad the judge was on my side, someone was on my side.

“I’ve got severe depression, anxiety, I suffer panic attacks, suicidal thoughts – with all this going on and on I could feel myself going downhill.

“It was constant stress and hassle. I just think of the elderly and vulnerable who in the end will just pay the TV licence, and not know their rights. It is just wrong.”

Mr Thomas represented himself when he appeared at Worcester Crown Court for the appeal against his conviction.

A television licensing officer called at his home on December 5 because the house was not registered as having a valid licence, Alison Scott-Jones, prosecuting, told the court.

Mr Thomas signed a form at the door admitting he had a TV, but refused to let the officer in.

In April, he was given a fine and costs totalling £180 at the magistrates’ court in his absence.

At the appeal, the 43-year-old told a judge he had rented the TV for three months,but had not watched live programmes on it for two-and-a-half months. He said there was a Sky dish which had been on the house when he moved in, but it was not connected and he had a Sky family package with movies and a phone line which came through an internet router, so it was not possible for him to watch live TV on BBC 1, BBC 2, ITV, Channel 4 or Channel 5.

Mr Thomas also explained to the court he did not allow the officer to enter because he was with relatives at the time, discussing a death in the family – which had led to him not thinking straight when he signed the form.

In his verdict, Judge Nicolas Cartwright said that he was satisfied Mr Thomas had not watched the television during the course of the period reflected in the charge, which dated from November, and granted the appeal against the conviction and sentence.

• At present, it is legal to not pay the £145.50 per year for a standard colour TV licence if a viewer limits viewing to catch-up TV services.

It is seen by many as a loophole that developed as television licensing laws have not been updated since 2004, after which new technology, including iPads, tablets, high-speed internet and smartphones, has become popular - particularly catch-up services such as BBC’s iPlayer and 4oD. 

But the law is still clear that anything live, watched through a standard set or online via PC, phone, tablet or anything else requires a licence.

Earlier this year the then Culture Secretary John Whittingdale said that the TV licensing iPlayer loophole would be closed "as soon as practicable".