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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice.
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I was stopped by police and accused of talking on my phone.

Customer Question

I was stopped by police and accused of talking on my phone. I can prove from call logs i didn't make a call. But i can't easily prove i didn't receive a call.
I categorically did not use the phone but the two policemen are sticking together in saying they say the phone at my ear. How do i make vodafone produce detailed logs that the police would have access to?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.



What detailed logs are you hoping to produce?
Customer: replied 3 years ago.

vodafone customer service say that they can't give me detail on calls received during the period in question, my phone wasn't in use. I can prove from my bill that i didn't make a call. Vodafone can produce for the police incoming and outgoing call records but won't do the same for me.


I asked the policeman at the side of the road to check my phone. He refused but the written statement from the policeman makes no mention of this. It could have been easily dealt with at the roadside but he had made his mind up that he believed i was using the phone.


 


How much burden of proof is on him. can i forces them to request record from vodafone?


 

Expert:  Jo C. replied 3 years ago.
Thanks.

I'm afraid you have been misinformed.

Vodofone can produce outgoing records easily enough. That is just your phone bill.

What cannot be proven is that you didn't recieve a call. The primary purpose for record keeping is to bill customers. That is why mobile phone companies keep records. They only do that if they can charge.

It is possible to get an expert from the company to comment to a degree about incoming calls. I've often tried to do it with much more serious cases. However, what the expert will say under cross examination is that the fact that there is no record of an incoming call does not mean it was not received.

Mobile phone companies do sometimes keep incoming records but only when they can bill another provider for coming over into their masts. For that reason, the fact that there is no record doesn't mean there was a call received.

If you are intent then you can just ask the court to issue a summons for the managing director of Vodafone and the company will get somebody to court fast enough but its not a good idea.

Can I clarify anything for you?

Jo