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    • Aesmith - Thank you for your recent interest in my issues.  Input on people's topics can be most useful from specialised experts or those that have similar experiences.  Some people really struggle with knowing what to do (I certainly do) - so it is most useful and helpful and reassuring when solid sensible advice is offered.  I have found there to be some very kind, helpful, supportive and legally knowledgeable people here on cag over the years - who give sound legal advice for people to roll up their sleeves and follow up on.   Of course, sometimes it can be quite challenging sifting the wheat from the chaff.  I don't have lawyer or barrister.  I sometimes attend pro-bono legal clinics for help.  And sometimes have access to barristers via a pro-bono service called Advocate.  Both ad-hoc. Pro-bono means 'free'
    • The Judge was wrong. The keeper is only INVITED to say who was driving, there is no obligation for them to say.
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    • Ok you are in the clear. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 for two reasons. The first is that in Section 9 [2][e]  says the PCN must "state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges ". It does not say that even though it continues correctly with blurb about the driver. The other fault is that there is no parking period mentioned. Their ANPR cameras do show your arrival and departure times but as that at the very least includes driving from the entrance to the parking space then later leaving the parking space and driving to the exit. It also doesn't allow for finding a parking spot: manoeuvering into it avoiding parking on the lines: possibly having to stop to allow pedestrians/other cars to pass in front of you; returning the trolley after finishing shopping; loading children disabled people in and out of the car, etc etc.  All of that could easily add five, ten or even 15 minutes to your time which the ANPR cameras cannot take into account. So even if it was only two hours free time you could  still have been within the  time since there is a MINIMUM of 15 minutes Grace period when you leave the car park. However as they cannot even manage to get their PCN to comply with the Act you as keeper cannot be pursued. Only the driver is now liable and they do not know who was driving as you have not appealed and perhaps unwittingly given away who was driving. So you do not owe them a penny. No need to appeal. Let them waste their money pursuing you . 
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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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