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    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
    • I have dad's last will from 2019 which mentions the trust. I am in the process of going through probate as the only thing that needs probate is a couple of shares he has (under £3000).  Speaking to my brother and my dad's wife they wouldn't mind going with another solicitor if we need to pay extra for the trust.   
    • That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
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    • We have finally managed to obtain the transcript of this case.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Shoplifting Police Fixed Penalty Notice


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Please can someone offer me some advice for a dear friend. She is beside herself and cant stop crying and I don't know how to advise her.

 

Last week she had a massive panic attack and stepped out side the supermarket with a trolley of shopping about £50s with she is on medication as well. An assistant took her back into the store and called the police, they come and she explained the situation but they wanted her to go to the police station in a few days time but she got upset so he advised her to admit the charge and they gave her the fine.

 

She didn't even have a parking ticket before and has never shoplifted before She has since paid it. Now she is worrying will the police tell her employer, what if anyone seen the incident, will the store notify her employer, will she get any letters or more fines.

 

I wanted her to appeal the ticket but if she went to court it would be in the local papers. She is widowed so on her own. The doctor has given her some Beta Blockers for the panic attacks which have helped.

 

Thanks in advance

Edited by honeybee13
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https://www.nacro.org.uk/resettlement-advice-service/support-for-individuals/disclosing-criminal-records/criminal-record-checks/#pnd

 

So, no criminal record.

No reason for the police to tell her employer.

No reason for the store to tell her employer.

 

If she remains concerned she should consider if it may be better for her to tell the HR dept. of her employer.

"This is what happened, this is how it happened, I'm under treatment from my doctor. I haven't had to admit any guilt or wrongdoing (it isn't a caution nor a conviction) but agreed to pay the FPN just to get it resolved, to avoid any ill effect on my mental health, rather than because I felt I had actually done something wrong"

Then, once she's disclosed it (in circumstances she controls) she never has to worry about anyone else having power over her to disclose it.

 

She may get letters from RLP, or DWF, or whoever.

Read up in the threads here and you'll see that they'll "huff and puff" but she can ignore them (and any DCA's that threaten, too).

The only thing she shouldn't is an actual court claim (which they may threaten, but will never actually happen)

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I will show her this thanks for the reply . I don't think the store took her name and address but the police did for the ticket and she signed nothing at the store , do the police pass her details on to the store then. The police said she didn't have to tell her employer but I think she should take your advice or think about it. She has no money worries and it was a genuine thing but I can see the stores point of view as well

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It will depend on how she thinks her employer may react, and what her greatest fear will be.

A large employer with an established HR dept. will have seen this all before, and she may avoid the "embarrassment factor" of her manager / close colleagues knowing.

In this case it may be that her greater fear is if it was revealed outside of her control (where "seizing the nettle" may be the better approach : get it done, and once done she doesn't have to worry about it any more)

 

That said I doubt the police / store / RLP would inform her employer.

 

It is more about managing her concerns than the actual informing of the employer.

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The police cannot passd her details on if they are dealing with it. The police will not tell her employer and her employer cant ask them for information either. Also how does she think that her employer will hear about it? TYhe only person who knows is herself so it is down to her who she wants to tell.

If she works in a position of trust and is obliged to inform them then she should. Other than that there is no need, it is not a criminal conviction so wont appear in the local paper. By paying it hse has limited her chance of appeal so best leave it at that.

 

I will show her this thanks for the reply . I don't think the store took her name and address but the police did for the ticket and she signed nothing at the store , do the police pass her details on to the store then. The police said she didn't have to tell her employer but I think she should take your advice or think about it. She has no money worries and it was a genuine thing but I can see the stores point of view as well
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