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.

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  1. #21
    Basic Account Holder Teessider Novitiate

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    Default Re: Accused of Shoplifting

    [QUOTE=sillygirl1;3774235]Contact the employer with a copy of the letter and ask when she can return to work.


    HiThat's the first thing she did, as soon as she recieved the letter. They asked for a copy, which she sent, and then heard nothing. She tried contacting her line manager by phone but all she would say was "You will recieve a letter in due course advising what is happening". That was 10 days ago now.


  2. #22
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    Default Re: Accused of Shoplifting

    Hi tee

    Have you written to TK Maxx as suggested in post '3', an apologetic letter from TK Maxx that she could of handed to her employers would have helped her cause.


  3. #23
    Basic Account Holder maxxer Novitiate

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    Default Re: Accused of Shoplifting

    If its a neighbouring force, they may be waiting for the cctv to be sent over.

    I would try to get a copy asap from tk's, which will validate your other half's story. The police forces are used to seeing loads of shoplifting cctv dvd's, and I'm sure will be able to tell there was no intention, or alert signals displayed during her time in the store (removing tickets, looking around furtively at staff or cameras, concealing goods and covering them up etc). That should clear it up quickly, and allow them to put the matter to bed.

    A letter from tk head office explaining why they took the action they did, should also go some way to solving the issue, especially if tk's also accept that it was a mistake.


    Just some points from me here: someone else mentioned my posts in another thread on here - I would ask for release of the cctv, as they aren't prosecuting you (so no excuses under dpa). The holding room has constant audio and video recording. The uniformed guards (lpo's) are not supposed to be doing stops on their own. As you pointed out, a lpi was obviously on camera, watching, so there should be a good load of good quality cctv, from moveable cameras.

    Good luck.


  4. #24
    Basic Account Holder Anus Horribilis Novitiate

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    Default Re: Accused of Shoplifting

    Quote Originally Posted by maxxer View Post
    Just some points from me here: someone else mentioned my posts in another thread on here - I would ask for release of the cctv, as they aren't prosecuting you (so no excuses under dpa). The holding room has constant audio and video recording. The uniformed guards (lpo's) are not supposed to be doing stops on their own. As you pointed out, a lpi was obviously on camera, watching, so there should be a good load of good quality cctv, from moveable cameras.

    Good luck.

    Thanks maxxer, that's really helpful inside info. If you get any trouble obtaining the video, Teessider, don't hesitate to get a lawyer onto it. A few hundred pounds in legal costs is a pain, but the prize is your gf's reputation and earning power for another 30 years.


  5. #25
    Basic Account Holder fettes5 Novitiate

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    Default Re: Accused of Shoplifting

    Hi,
    Sorry to have came into this at the tail end but please listen up. The Police have advised there is to be NFA(No further action)end of. That is it.End of story.One of the other contributors is absolutely correct when they said that you should be banging on doors,that is exactly what she should be doing and NOW! I noted that you haven't mentioned her union involvement in all of this. I imagine that she is in a union,given her type of job etc. If so she should be banging on their door as well,using them as an intermediary between her and her employer. But it is vitally important that she takes the lead here and doesn't let the grass grow under her feet. I can also tell you that "Anus Horribilis" is totally WRONG when he/she said that her employers have probably seen the evidence,video etc. I'm afraid it doesn't work like that. She has confidentiality rights like everyone else and they would be breaking their own rules of conduct if they had access to the "supposed" evidence that has since been discounted.
    One last thing i would recommend and that is to find a very good "criminal work" only solicitor. You will not find one by contacting the CAB or other mobs like them. However may i politely suggest YOU fire yourself along to the magistrates court,i am assuming you are in England and speak to as many people as you can,by people i mean court clerks,solicitors who you will see darting around and,more importantly the accused themselves. They are more likely to be able to point you in the right direction of a good "Criminal only" solicitor. Getting the "right" solicitor is absolutely vital here so now you know what you must do,do it! And please post back here to let me know what happened and good luck,you have everyone,including th elaw on your side.


  6. #26
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    Default Re: Accused of Shoplifting

    TKM have made false allegations that they will be unable to back up from their own tapes.

    The accused's employers have wasted thousands of public money paying someone not to work over a dubious 4 allegation.

    I think I would be getting my lawyer to seek an apology from TKM as they cannot show what they must have been able to show from tapes to make the allegations.

    Meanwhere - look at the free money and no work related expenses. I would be taking a nice holidayicon!


  7. #27
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    Default Re: Accused of Shoplifting

    I suspect that rather than looking at the free money & revelling in the free time, the OPs GF is totally stressed out at the thought of losing her job.

    I totally agree that she should be getting some proper legal advice, getting her union involved if possible and banging on HR's door demanding to know what happens next and when.

    In the circumstances she should not be accepting any **** from her employers, but re-instatement with no adverse record made


  8. #28
    Basic Account Holder Anus Horribilis Novitiate

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    Default Re: Accused of Shoplifting

    Quote Originally Posted by fettes5 View Post
    Hi,
    Sorry to have came into this at the tail end but please listen up. The Police have advised there is to be NFA(No further action)end of. That is it.End of story.One of the other contributors is absolutely correct when they said that you should be banging on doors,that is exactly what she should be doing and NOW! I noted that you haven't mentioned her union involvement in all of this. I imagine that she is in a union,given her type of job etc. If so she should be banging on their door as well,using them as an intermediary between her and her employer. But it is vitally important that she takes the lead here and doesn't let the grass grow under her feet. I can also tell you that "Anus Horribilis" is totally WRONG when he/she said that her employers have probably seen the evidence,video etc. I'm afraid it doesn't work like that. She has confidentiality rights like everyone else and they would be breaking their own rules of conduct if they had access to the "supposed" evidence that has since been discounted.
    You are entitled to your opinion, but I think you are quite wrong. There will almost certainly be a second review of the case, addressing the employment aspects. In making that decision they have a duty to consider all the evidence available to them. If the Police consider that Ms Teessider cannot be trusted in her post or that the reputation of the force may be harmed by her employment, then they may wish to dismiss her. "Banging on doors" will achieve nothing, but the involvement of a union or lawyer would certainly be useful when they 'invite' her to that meeting.

    Quote Originally Posted by fettes5 View Post
    One last thing i would recommend and that is to find a very good "criminal work" only solicitor. You will not find one by contacting the CAB or other mobs like them. However may i politely suggest YOU fire yourself along to the magistrates court,i am assuming you are in England and speak to as many people as you can,by people i mean court clerks,solicitors who you will see darting around and,more importantly the accused themselves..
    Why does Ms Teessider need a criminal lawyer? The criminal investigation is complete, no charges are to be brought. A civil lawyer with good experience in employment law could be worthwhile if things get sticky.


  9. #29
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    Default Re: Accused of Shoplifting

    Quote Originally Posted by 2Grumpy View Post
    I suspect that rather than looking at the free money & revelling in the free time, the OPs GF is totally stressed out at the thought of losing her job.

    I totally agree that she should be getting some proper legal advice, getting her union involved if possible and banging on HR's door demanding to know what happens next and when.

    In the circumstances she should not be accepting any **** from her employers, but re-instatement with no adverse record made
    It was solely a suggestion attempting to take the stress off the real victims.

    To me the main issue here is not the accusation of shoplifting - but the employee fabricating details to claim there had been four quid crime.

    So the real dishonesty here caused thousands of pounds in public money wasted by someone lying to attempt to back up a four quid allegation, in addition to the obvious stress and threats to the victim of this fabrication.

    So I stand by advising to make the best of a bad situation, and have a go at the maker of the misrepresentation that caused these events once the tape substantiates.



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