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    • I have received a PCN from Euro Car Parks for MFG - Esso Cobham - Gravesend. I was completely unaware that there was any such limit for parking and always considered this to be a service station. I stopped there to use the toilet, have a coffee and made a couple of work calls. I have read the previous topics on this location which suggest I can ignore this and ECP will not take legal action. The one possible complication is that the vehicle is leased by my employer so I do not want to involve them with the associated reminders and threatening letters. The PCN was first issued to the leasing company Arval who have notified ECP of the hiring company. I have attached a copy of the PCN Notice to Hirer with details removed as per instructions. What options do I have or should I just pay the PCN promptly at the reduced rate of £60? img20240424_23142631.pdf
    • What you have uploaded is a letter with daft empty threats from third-party paper tigers.  Just ignore it. What we need to see is the original invoice you received last October or November.
    • Thanks for posting the CPR contents. i do wish you hadn't blanked out the dates and times since at times they can be relevant . Can you please repost including times and dates. They say that they sent a copy of  the original  PCN that they sent to the Hirer  along with your hire agreement documents. Did you receive them and if so can you please upload the original PCN without erasing dates and times. If they did include  all the paperwork they said, then that PCN is pretty near compliant except for their error with the discount time. In the Act it isn't actually specified but to offer a discount for 14 days from the OFFENCE is a joke. the offence occurred probably a couple of months prior to you receiving your Notice to Hirer.  Also the words in parentheses n the Act have been missed off. Section 14 [5][c] (c)warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid; Though it states "if any applicable ...." as opposed to "if all applicable......" in Section 8 or 9. Maybe the Site could explain what the difference between the two terms mean if there is a difference. Also on your claim form they keeper referring to you as the driver or the keeper.  You are the Hirer and only the Hirer is responsible for the charge EVEN IF THEY WEREN'T THE DRIVER. So they cannot pursue the driver and nowhere in the Hirer section of the Act is the hirer ever named as the keeper so NPC are pursuing the wrong person.  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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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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