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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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Incoming Call Records


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For the past couple of days I have been recieving withheld calls, all threatening. Since I work for T-Mobile I know the general rule is "sorry, we don't keep incoming call records". However, I know for legal reason they have to, don't they? Has anyone succeeded in getting a copy of their incoming call records from a mobile network?

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Each netrwork has its own department that has access to all the data downloaded from the switch, including the number (even if withheld) and the cell site the call was delivered to. This data is retained for 3 years but not the actual content of the call (audio).

 

As a subscriber, you will not be able to request this, however this data will be released on request to the police (who will also know who to contact). The information is only disclosed in this way to keep the requests manageable, and to cut down of any possible forms of vigilantism. As to why you would want to and a withheld number.... I send all mine to voicemail.

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I don't usually answer withheld calls, but I had about 9 of them and reckoned it was probably a company trying to sell me something, so I answered to tell them I'm registered with TPS but I just got a lot of abuse from someone.

 

Just as an extra point, I think it's actually someone I work with in the call centre... I'm gonna ask work if they can assist.

 

Thanks for the advice, that's what I reckoned tbh.

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Even for a police officer to request this, he/she can not go direct to the network, it has to be a request sumitted detailing the reasons it is needed, what would happen to an investigation if the information wasn't made availble, and then have it approved by a senior officer in the ..., then that has to be passed on to the SPOC for the network, and takes about 14 days to come back.

 

It's not as easy as you may think in accessing this information, only time it can be supplied without this method is via a 3x9 call, and the information is made available within minutes if not seconds.

Edited by Hobbie

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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How each force decide to process these requests is up to them, and if one force requires a 'senior officer' to request the data, that that is their procedure. However, no network will refuse supplying the information providing it comes from official channels - and a single request from a police office (suitably verified) is official enough. Of course, the information is not available instantly, and budget restraints mean the cost for each enquiry must be met. (You didn't think the information was provided free of charge?).

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I did actually manage to get a hold of the number that called me.... Let's just say, although the networks make out it's a very long complicated process and you should be eternally grateful if they take the time and effort to find out for you... I found out within 3 minutes at work....

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3 minutes?! that long? if we're going to start saying how easy it is, then i'll add my 2 cents

 

people calling me on my mobile i'll get the callers number, even if you dial 141 or block your CLI some other way, i'll still see your number. how do i do this? well thats for me to know and you to guess.

 

But we we're talking about the average person trying to obtain this information, not using contacts through employment or abuse of power to get this information.

 

For Joe Public, it is not straight forward, and generally not available for you to query, even if making a S.A.R - (Subject Access Request).

Thanks

- Hobbie

 

--------------------------------------------------------

Under no circumstances should you speak with a Debt Collections Agency via telephone, request that all future correspondence is done in writing, a letter template for this can be located here.

 

Any views expressed are solely that of my own, any advice or information offered is provided in genuine good faith, and should be checked prior to acting upon.

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Of course, I appreciate that. I was merely pointing out that networks lie to customers when telling them that they do not physically keep a record of incoming calls, as they do.

 

And I didn't use contacts through employment or an abuse of power.... I looked it up myself.

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  • 2 years later...

I need my incoming call records for a court case because they prove i was not speaking on my phone while driving. 3 uk say they don't keep then but i have been told they do but only give them to the police etc... for serious matters.

 

Does anyone know how I could get them?

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Unfortunately not. The burden of proof is on me. The police just have to say they saw my lips moving and a phone at my ear.

 

I am fortunate that they did not check my car for a phone or ask my phone number. However, none of that matters without the phone records relating to my phone account.

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It's their word against yours

 

If they could prove it but choose not to, maybe you could use that to your advantage (maybe they did check ....)

 

Sorry, maybe I'm tired out just a bit dim ;-)

 

could you translate that to 2 year old for me :-) or pm me if it's can't be said here clearly.

 

Thanks

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The police are prosecuting you for using your phone while driving.

 

The police could get your incoming phone records (as well as outgoing). They say that just seeing your lips move is sufficient.

At that point it is their word against yours.

 

They could totally prove it by producing your incoming/outgoing call records. They might possibly have already taken a look.

However they have decided for whatever reason not to do so.

 

The burden of proof is with the prosecution

 

You can ask why they haven't offered the evidence that would have proved their case when they could easily have obtained it and why they have left it to be their word against yours. Then suggest that they realise that you did not do it but didn't want to back down. (seen too many court dramas)

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N

The police are prosecuting you for using your phone while driving.

 

The police could get your incoming phone records (as well as outgoing). They say that just seeing your lips move is sufficient.

At that point it is their word against yours.

 

They could totally prove it by producing your incoming/outgoing call records. They might possibly have already taken a look.

However they have decided for whatever reason not to do so.

 

The burden of proof is with the prosecution

 

You can ask why they haven't offered the evidence that would have proved their case when they could easily have obtained it and why they have left it to be their word agains

t yours. Then suggest that they realise that you did not do it but didn't want to back down. (seen too many court dramas)

 

Generally most networks wont provide incoming call records to customers direct. They will however provide these to a lawyer if necessary for a court case although there is usually a fee.

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