Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Honest Mistake Accepted a caution- now faced with a Civil recovery demand.

    Hi I hope someone outthere can really help !

    Today at 13:30 I was in a high street store christmas shopping. I had with me my two sons and a double buggy. I was browsing picking up things and putting them back. Unfortunately I had tried on two scarfs and without having a trolley or basket hung them over my buggy. I forgot all about them as by this time my eldest who is 2 yeears old was running ahead. We ended up at the front of the store where my son ran away. Instinct took over and I chased after him with the buggy and unknown to me the two scarfs. After catching up with him I was telling him not to run away when 2 undercover store guards asked me to accompany them to the back of the store. Only then did I realise I had made this honest mistake.
    Having never been in trouble in my 30 odd years I was obviously embarresed that anyone could think that I would do such a thing and obviously they would see that it was my son running away that made me flee the store.
    In the back room I was asked several question and gave a honest answer. I was asked for id but only had cash. I was told to write my name and telephone number on a piece of paper. Being the nieve and honest person iam i did so. I was handed a piece of paper about civil recovery and told if i did not hear anything within two weeks no further action would be taken. As being dumbfounded and embarrased that anyone who knows me might have seen me i was just wanting to take my boys home.
    Four hours later the police came to my door and asked me to confirm my name and address. After inviting them in they explained that the store manager was wanting to press charges as being the time of year the store has a zero tolerance policy. I was then given the choice to own up to the charge of shoplifting or go to court and fight it out. Being the person I am I said yes i would rather take the caution and a letter from the Procrate Fiscal than go through the embarrasment of court and the like. The embarrasment and shame of being charged in my own home in front of my two sons is too much.
    I am now extremly angry and want action againt the store persons. As the store did not follow procedure, by having the police on the premisis but turn up at my house 4 hours after the incident, having been genuine and supplied my real name address dob etc can i ask the store manager to take the charge back as only 3 weeks ago i spent a considerable amount of money in there. Should i consult a lawyer and take it to court?
    Would appreciate any comments.

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  2. #2
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    Default Re: Honest Mistake

    Cany offer any advice, but bumping your thread for you. Someone will be along tomorrow to help.


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    Default Re: Honest Mistake

    Since you have accepted a police caution - you have effectively pleaded guilty to the crime.

    The second problem I think you will have now is that when the store comes after you in their civil recovery scheme they will use that to prove their case.

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    Default Re: Honest Mistake

    Welcome to the site.
    I dont want to say too much at this stage since I am assisting a member to challenge a similar case,and giving the details would predjudice the progress.
    However you have not been convicted of any offence in a Court nor been charged.
    I will move your thread into consumer issues.
    I think theres a fairly good chance that you will get a letter asking you to pay £250...but at a discounted rate of £200 for prompt payment.
    If you DO get this then PM me..I will try to help.

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    Default Re: Honest Mistake Accepted a caution- now faced with a Civil recovery demand.

    Has the caution actually taken place yet, only a senior officer, inspector or above can do these and is done at the police station, as it is officailly recorded. so if they came to your house to chevk facts they would just report this to the duty inspector for him to decide what if any further action will be taken - court or caution, in which case you would be summoned to the station for it, if you accept the charge, which dont have to do.
    With regards civil recovery( i.e. civil action not criminal ) this is a punitive reimbursement of costs etc. and anything above about £80 is difficult for them to justify. goods were recovered so no loss the only thing they justify is the time the secutity people were involved.


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    Question Re: Honest Mistake Accepted a caution- now faced with a Civil recovery demand.

    Thanks everyone for comments.
    Does anyone know if i am allowed to see or have a copy of the police report sent to Procurate Fiscal.


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    Default Re: Honest Mistake Accepted a caution- now faced with a Civil recovery demand.

    I assumethat as you mention a Procurator Fiscal you are in Scotland? Could this affect any advice given?


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    Default Re: Honest Mistake Accepted a caution- now faced with a Civil recovery demand.

    Yes apologies for any confusion i am scottish i did not think this would matter.



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