Hi

I'm after some advice.

The Police rang me a few weeks ago

Tesco had reported me shoplifting and putting the items in my car.

They contacted me from my reg plate on car.

I am clearly shocked they say they have cctv which shows me walking out without paying.

I did go to the toilets which are at the back of the shop after I had paid and then left the store.

As it was over 4 weeks prior to the date when the police contacted me I didnt have my receipt but I sent a screenshot of my bank statement which shows the store and amount.

The police said this was OK and no further action

Tesco then appealed it as they couldnt find the transaction.

(I paid part cash part card).

I know have to go to make a statement and am very worried.

I have read up that Tesco its not that tesco cant find the transactions its that they wont as they then show the security teams up.

Ive never been in trouble before and am worried that I will be blamed for something I didnt do.

I have receipts from the rest of the day to say where I was as I work all over the country. T

he police have been really good and said he will get it sorted and put it behind me.

I havent eaten or slept since.

Any advice is greatly received.

Ask for the CCTV from Tesco under the data protection act.

You know they have been preserved because they have given a copy to the police.

Speak to the police and ask them to delay the interview until you get the CCTV.

They might tell you that they can show them to you on the day of interview, but it's very unlikely.

If you have to attend the interview, ask to see the duty solicitor if you can't afford your own.

Most importantly don't feel intimidated by allegations thrown at you.

Simply and calmly explain your actions and show your bank statement.

Your bank might help by giving exact time of the transaction and unless things have changed, even the serial number of the pos used so that can identify the exact tesco till.

All of this will make the police disinterested in pursuing.

Thank you. I have taken a screenshot and have a bank statement too which shows there store number and date of transaction etc

I also have a work receipt showing me miles away at other points of the day.

The police officer said I was to spin the interview around.

Its not to prove my guilt its to prove my innocence.

He has told me not to worry but I'm distraught.

You are innocent until proven guilty.

If they've called you for an interview under caution is to prove your guilt.

Police haven't got time to waste with defending people against false allegations, they only interview people to build up a case for prosecution.

If they knew you were innocent they would write to Tesco telling them to get lost.

So be prepared and seek advice from your own solicitor or the duty.

Tesco claims that they cannot find the transaction, so speak to your bank and see if they can give you the serial number of the pos machine which will identify without doubt the till you used.

That should be the nail in the coffin.

However, as you haven't done anything wrong and they have to prove your guilt, I would seek legal advice.

In my experience a good solicitor would get you out of this in no time and then help you recover his bill from Tesco.

They have already told Tesco that.

Tesco have appealed it hence why I have to be interviewed.

The police officer said he was happy with my bank statement being proof of purchase and said it was case closed.

He then rang me 6 weeks later to say Tesco had appealed but not to worry he could still use my bank statement but I had to be interviewed. I'm petrified.

I will try get the bank to get the details for me though.

If there is no truth to their accusation, then you have every right to be compensated by Tesco for any loss you have suffered and can issue a court claim against them if necessary.

In one of your posts you mention paying part cash and part card,

so this presumably meant you went to a proper checkout and not a self service till.

This transaction would be more easily identified,

as most would be cash only or card only.

And then in addition, you will know what you bought at the time.

I would have thought that Tesco would be able to match up the transaction details, with you at the checkout.

Hi,

The police are wrong in stating that you have to prove your innocence. That is not up to them to decide that. The police want you to incriminate yourself.

If you are being asked to attend the police station voluntarily then it is just that. You can refuse to attend or if the interview is stressful, you can walk out. The police do not want a claim for wrongful arrest so unless they are certain you are 'guilty' they must let you go.

Before going to a police station, get a solicitor to meet you there at the time required or expect to wait a while at the police station for a duty solicitor to arrive.

On to Tesco. They have looked at one section of CCTV showing you walking out of the store with your trolley and assumed that you have stolen this stuff. What they should be doing is going back over the CCTV to spot you again then follow your actions.

As it stands, Tesco are open to claims of harassment at the very least. They should also be held accountable for any costs you have. They appealed the police decision therefore they should be held liable for your time, solicitor costs and compensation for the harassment aspect.

What's the worse case that could happen here. I have my bank statements etc and cannot possibly of been in the store at any other time that day. If I prepare for worst case then it can only get better although I will fight every step to prove my innocence too.

Thanks for all the advice so far though.

The worst case scenario is that the police via the Crown Prosecution Service charge you. This would be foolish on their part as you have proof that you spent money in store. They could argue that you went back in after paying for your shopping and took goods but without proof, they would be stuffed. Any case in the criminal courts need to be proved 'Beyond Reasonable Doubt'

This is why I think the police will interview you then drop it as no crime committed.

In the meantime, I would ensure that Tesco retain the CCTV for the entire period you were in store. All checkouts are camera monitored so it wouldn't be hard work to spot you in a queue or at the self checkout.

If this had happened to me, I would fight as well. As this is a criminal matter, you are entitled to see the evidence they have. If the police withheld evidence that could cast doubt on their claims, they would be in trouble.

Don't forget that you are entitled to free, independent legal advice at the police station if you are there to be interviewed, regardless of if you are attending voluntarily ; you don't have to be under arrest to be entitled to this.

http://www.maplessolicitors.com/police-station-voluntary-interviews/

If you can afford your own solicitor you can choose who you like.

Otherwise, you can find a local firm who take part in the Duty Solicitor Service and arrange it in advance (which may mean less delay than only requesting a solicitor once at the police station).

Don't forget that having a solicitor doesn't mean you "look guilty", and that (although the solicitor can't tell you what to say!) a solicitor is entitled to be told by the police what the matter is about & what you will be questioned about.

The solicitor can then advise you ; most commonly they will advise you to give a written comment and then answer "no comment" beyond that, or to answer all questions (but may then pause the interview if you are asked questions on a new matter that they weren't informed of in advance, so they can review if they need to change their advice!)

As this is a criminal matter, you are entitled to see the evidence they have.

But not at the police station, nor at time of interview, and only if charged (& even then the timing of disclosure of the evidence differs between Magistrates and Crown Courts .....)

If the police withheld evidence that could cast doubt on their claims, they would be in trouble.

If it got to the stage of a charge then someone ought to be using a solicitor, and the solicitor would be given a disclosure of evidence collected but not relied on by the prosecution.

You are correct that if evidence was withheld that decreased the likelihood of guilt, then that could be grounds for appeal, and disciplinary action against, or criminal prosecution of, a police officer or prosecutor deliberately concealing evidence.

Tesco will rightly refuse to release a copy, as it will potentially be used in a criminal investigation, so theres no point in asking.

Perhaps you should familiarise yourself with the DPA before advising people.

The police want an easy ride, so will show you the cctv as part of the interview.

You are also entitled to a solicitor free of charge, and they will show them it as part of the 'disclosure' process - your solicitor will then advise you.

Left hand doesn't know what the right hand is doing, especially in large organisations.

asking for cctv footage under dpa will only cost a potential £10 and Tesco might just as well release it.

If you no longer have a receipt, Tesco should be able to find that transaction on their system, but they will need details; like till you paid for your items, time and date, items you bought