Civil Procedure Rules

[Lara blues]

You are right, I have no argument other than to say I never did anything like that before and that I regret doing it. It seems that regrets, shame and repentance don´t count in here and I respect that. I was lucky that the police did not arrest me, no pictures taken, fingerprints or anything.

I understand the stress you might be experiencing but if your girlfriend hasn´t done anything wrong then I am sure it will all be resolved positively. Wish you the best.

[make them aktiv runners]

Nitecard, perhaps you could give Lara the telephone number of RLP, so she can clear up before leaving the country.

Lara, an actual crime is just that, no-one on here will condone such actions.

[blueskies]

I have replied to your PM Lara. I advise you to stop posting in this users thread as I can see the discussion deteriorating into a racist argument the the OP in this case doesn't need.

MTAR and ForestChav I hope you can allow this to pass without further comment on nitecard's thread. Thanks

[make them aktiv runners]

Sorry Blue. I just wanted to make sure there was not the convenient connection that appeared to be there. There was no chance of a racist argument from me as I had read the other thread, and my last post simply addressed the concerns Lara had raised on her thread.

As far as Nitecard's concerned, I think there as already been enough information provided to ensure that this is buried. Keep us posted though Nitecard in case you get any further grief.

[nitecard]

Now it's getting worrying.

We got another letter from RLP - they claim that they have CCTV footage of my partner changing the price label, and this simply isn't true.

We have written back telling them that we will not discuss the facts with them as they are merely trying to obtain money for their client by civil means.

They also claim she was stopped outside the store, this too is incorrect as she was stopped inside.

What next ???

[make them aktiv runners]

As you are certain they are bluffing, ask them to either provide you a copy of their evidenceor go away. If they refuse then any action they take via the civil courts is not going to look too good when you demand a copy via civil procedure rules.

[nitecard]

We have already asked them to provide the cctv footage and await their response.

[essexbas]

Originally Posted by nitecard

Now it's getting worrying.

We got another letter from RLP - they claim that they have CCTV footage of my partner changing the price label, and this simply isn't true.

We have written back telling them that we will not discuss the facts with them as they are merely trying to obtain money for their client by civil means.

They also claim she was stopped outside the store, this too is incorrect as she was stopped inside.

What next ???

Sorry to hear about what is happening to you and your OH, what annoys me is that if the police took dna and finger prints when your OH is innocent it will not be removed from the database.
Also, if l have followed the thread correctly, your OH has not been charged, and is bailed to return in Dec, therefore if the shop has CCTV showing switching of the labels, as they claim, l thought they would have passed this to police and upon returning to answer bail charges may be brought if the CPS felt the evidence was strong enough, thus giving the shop a quicker way to re-claim alleged losses if found gulity in the court of law.

Please stay strong, support each other and don't let this get you down to much, keep fighting for your rights

Good luck

EssexBas

[nitecard]

Thanks for your best wishes Essexbas.

The TKM in question might be 20 miles east of you !!

[mata]

Again sorry to hear this.

Just a thought, if she had paid for the shoes and she could have paid the reduced price or the higher price before reduction. You will to confirm what was the selling price at that time and compare what she had paid or tkmax should provide the price at that time.

If they have the cctv footage, they must provide evidence of what price she exchanged to.

I would reconsider myself going to this kind of places.

[ForestChav]

This is becoming quite sad now.

[hellohello]

Dear All
I am looking for some advise. I was in TKM over one week ago. I picked up a bath product contained in a clear protective plastic bag. There were two prices on the product, one on the inside of the protective bag showing £5.99 and one stuck to the outside showing £7.99. I searched through the shelves for another product and found one it showed the price as £5.99 but as the box of this item was a bit bashed, I felt confident in swapping them around. I did not make any attempt to hide what I was doing as I didn't consider for a minute that there was anything untoward. After paying for the items, I was stopped as I left the checkout and asked to accompany the security to a room on the upper floor. I asked if I should have someone accompanying me, but was told 'no, we just want a little chat'. They informed me that they had observed me on CCTV changing labels, I did not deny this and explained the situation. They asked for my name and address and issued me with a barring notice (I was also informed at that time that it wasn't worth the paper it was written on)and the item was confiscated. I was left for a few minutes alone with the female member of staff, who informed me I would receive a fine, she also said 'I shouldn't tell you this, but it's like the car park fines, just ignore it'. I didn't think to ask what she meant as I was terrified and felt totally humiliated and quite sick at what was happening to me, I have now received a notice asking for £70 for costs as I was trespassing. The police were not involved and no suggestion of involving them was made. What should I do now, ignore the letter or pay up. I don't honestly feel I did anything wrong, although on hindsight I maybe should have clarified the price with a member of staff. I have since gone into another branch of TKM and sought out the item in question, and yes it was only £5.99

[hellohello]

Following on from the above post, I have written to this company and informed them that as:
1 there was no police involvement
2 I was refused a witness or anyone to be present with me
3 I hadn't left the premises
4 I was not tresspassing and purchased goods
I would not be paying their costs.

[nitecard]

Yet another letter from RLP - not addressing any points from my letter, just a standard reply - now offering payment terms and even arbitration.

My reply:
<<<<<<<<<<<<<<
In my previous letter I informed you of the following:

The witness statement referred to in your letter is entirely incorrect, said CCTV footage will bear this out.

The facts (to which I am prepared to attest to in court) are in complete opposition to what you have stated in your letter.

Innocent until proven guilty is the basis of English law, you have predetermined me guilty of a crime which I did not perpetrate, for which there is no proof and for which I have not been charged.

If you wish to arbitrate that is fine, I am prepared to meet at my address where you will have to provide solid evidence of any wrongdoing on my part.

Under Civil Procedure rules you are required to provide evidence, so please send a copy of the CCTV footage you claim to have (digital format).

Please respond to the points raised in this letter and not just send a standard reply.>>>>>>

We'll see where this gets us !!

[emsgeorge]

We use RLP at work, and having read this thread, and having had a long read through their manual:

The 'fine' is for doing a civil wrong, or 'tort' against the retailler. They can process for theft, criminal damage, making off without payment etc.
They send a civil demand for payment, and their paperwork then says they follow it up with court action if needed.

To clear up some confusion: you DONT need to leave the store for theft, let alond a ticket swap (which used to be obtainin property by deception, and is now under the fraud act - Fraud by misrepresentation). You simply need to of attempted to pay.

You have NO LEGAL RIGHT to have a witness present during your detention.

If they wanted to, peeling off labels is criminal damage at the least. If they wanted to be that pedantic, they could process you for that !!.

[nitecard]

Hi Emsgeorge

Thanks for your informative post.

I started this thread and while I don't really have sympathy for the people that got caught swapping labels, my partner merely peeled back the label to see what the previous price was - nothing too unreasonable I feel.

Now we have all this grief with RLP claiming trespass, when she has legally bought other items.

She has an unblemished character and is being made to feel like a criminal.

[emsgeorge]

EDIT: Whilst thinking about it, there is also stated case law (Tesco Vs Khular) that civil costs are claimable from the wrongdoer - unlike the private parking companies !!)

Theres a section in the RLP that states that they require less proof than in police cases (balance of probabilities ???)

[emsgeorge]

In your case, I would write to TK MAxx themselves, and explain the circumstances - most retaillers head offices will ask the store for the tape / dvd, and review it themselves. Theres no point in letting RLP take it to court, if tk maxx will end up with egg on its face !.