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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Caught shoplifting in Waitrose


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Hi,

last week I went to Waitrose,

bought some shopping and did not scan a packet of sushi,

 

when I exit one guy in civil clothes came after me and took me back,

I admitted that I did not pay and I felt so embarrassed...

 

they took my details, name, address and date of birth and banned me from Waitrose or John Lewis for life....

and they said I should expect a fine in the post anytime.

 

I'm really scared as in the letter says I should seek legal advice asap.

 

Also the fact that I can't enter John Lewis ever again make me so upset.

 

I did before took a banana or a croissant without paying but never other stuff.

 

Definitely not ever gonna do this thing again!!!

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Hi and welcome CAG.

 

Firstly, I'm glad you state you will never do this again. That is the point of security. The short sharp shock. Regarding being banned. Chances are they have forgotten you once the paperwork is done. Did they take your picture?

 

I don't see a problem going into a John Lewis as they don't have the time to scan every face that comes in. I would stay away from that particular Waitrose for about 6 months.

 

Regarding this 'Fine'. It is nothing of the sort. It is an invoice which can only be enforced via the county courts and for such a small cost item, it isn't worth bothering with the claim. I assume it will be RLP that chases you. Ignore them totally. They can do nothing to you--ever. More info when needed will be provided.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thank you for your reply.

It was really stupid and I'm so embarrassed...

I don't even know what I was thinking about doing that.

..but definitely learned from it and won't ever be doing that.

 

They did not take a picture but I think they can take from cctv ,

I don't know... I'm really scared to go in any Waitrose now.

They said if I want the ban lifted,

I need to call head office.

 

Also about the fine,

I said I will pay anything,

I just want it over and done and don't want any troubles again. ��

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It isn't a fine!! They don't have the authority to issue fines.

 

There are two different companies that do civil recovery. RLP and DWF. Chances are it will be RLP.

 

By paying this invoice, you will be encouraging these bottom feeders to do more. While I cannot 'TELL' you what to do, my advice would always be to ignore them.

 

If Waitrose took action through the county court, all they could claim for is the cost of the items stolen IF they didn't get them back or were unsuitable for reselling. If the goods were good enough to go back on the shelves then they have lost nothing. The letters will state security costs. They cannot do this as security costs are already factored into the prices paid at the till. You will not get a criminal record over this.

 

Let's assume that court action is taken. Security costs-Nil Cost of lost product -No idea. Court fee-£25. Solicitor costs - £50 so taking into account the cost of the food. The judgement will be less than £100 whereas the letters will demand sums between £150 and £200. Pay the judgement immediately and it will be as if no court action was undertaken.

 

Now, since 2012 when a retailer tried court action against two teenage girls, they lost-badly and since that time, no court cases were taken.

 

My advice will always be ignore and if you get a letter, come back here and we can go through them in fine detail.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thank you again for your response.

 

The security in Waitrose took the food back and gave me the rest of my shopping and they said I will get a letter and I will have to pay for the food and some extra ( they said "u will pay a fine")

 

I was surprised as well why I will I have to pay for the food when they took it back?!

 

I'm happy to ignore the letter as you suggested.

 

If I will receive one I will come back for help.

 

Thank you.

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really surprised they used the word fine, only the courts or a police officer can fine anyone.

 

you wont have any issue in john lewis

 

just stay clear of that waitrose store for a few months.

 

anything you get in the post YOU IGNORE IT TOTALLY.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you. Maybe I made a mistake, as I was quite scared and I didn't know what they gonna do but I'm sure they said I will have to pay for the food I tried to take and I will get a fine for shoplifting.

Hope I will not receive anything

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anything you get in the post YOU IGNORE IT TOTALLY.

 

dx

 

Unless it is a court claim form - never ignore those..... (a court claim likely won't happen, but if it did come back here for advice on how it can be defended).

 

To reiterate the advice:

1) They didn't involve the police, so that is unlikely to happen now. The theft was a crime, but likely now anything that follows is a civil mater.

2) It isn't a fine. If they do try to claim it is a civil, not criminal claim.

3) They are entitled to ban you. Their stores are private property, and if you enter them, you do so as a trespasser until any ban is lifted. If you want to try and appeal any ban / or enter as a trespasser, it is a matter for you to decide when and if.

4) Stop stealing. Even if it is low value items, you take the chance of being arrested and prosecuted, especially for repeated offences or higher value items.

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Hi and welcome CAG.

 

 

I don't see a problem going into a John Lewis as they don't have the time to scan every face that comes in. I would stay away from that particular Waitrose for about 6 months.

 

John Lewis / Waitrose were the other retailer trialing facial recognition using the neoface platform from nec.

 

I don’t know if they have rolled it out yet to all stores but it’s worth keeping out permanently from their stores if you don’t want a guard to start chucking you out, or if you irritate them enough, an injunction.

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I wouldn't bother.

 

all you are doing is extending the period they will remember about you.

 

WHY is it SO important you shop in THAT exact Waitrose store?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just go do it

they wont be knowing who you are

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As long as you dont look shifty or you look nervous, theyll have no clue. In any case, id give it a week or so befor eyou go there.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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yea no dark glasses and false beards.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi! I received a "Letter before claim" of £149.50.

What should I do?!

 

It says "your conduct gives our client the right to pursue a civil claim for damages agains you in the Country Court as this caused significant disruption to our clients business at those premises. Our client has sustained losses as a result of your wrongful actions which include the value of the goods...

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Who is it from? RLP? DWF?

 

Doesn't really matter as you should ignore it. They can do nothing to you (except write more letters) Only waitrose are able to instigate court action and they won't bother as it isn't worth their while doing so.

 

Letter Before Claim??? Very misleading. Claim? does that mean court claim? No. they aren't allowed to.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Can you post up a copy of the latter in PDF format, and retract any personal info.

 

Silverfox is correct in you can just ignore it. But it would be good to see the exact context.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can you post up a copy of the latter in PDF format, and retract any personal info.

 

Silverfox is correct in you can just ignore it. But it would be good to see the exact context.

 

Absolutely.

I would engage with Waitrose or their solicitor if it actually named them as the party writing (which is unlikely).

RLP / DWF or their solicitors.... Ignore (or the single “I deny any liability to DWF / RLP)

 

It’d be interesting to see exactly how it was phrased in terms of “our client”, and if they were being vague or precise as to who the client is and in what manner they are acting ......

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RLP/DWF cant issue a court claim.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Sorry ... just saw the reply! I Got another rpl letter today ..

 

We note that We have received no response to our letter of 10 November 2017. If you have already responded, it may be our corespondence has crossed, please make contact on 01159706231 to check if this is the case.

 

As well as being a victim of crime, our client has the right to bring civil claim against you for damages. You have not sought to deny your actions, or offer any explanation. Our client appreciates there are many reasons why incidents of this nature occur, but wishes you to understand the impact of your actions and accept responsibility for them.

 

Before taking any further steps in this claim, our client invites you to advise us if there are any circumstances witch you would like to be taken into account.

 

Whilst there is no legal obligation to consider mitigating circumstances in civil proceedings, our client adheres to core principles originally agreed with ACPO (the association of chief police officers) and abides by its own ethical codes. This ensures a degree of protection to those who may be considered vulnerable, or those in long term severe financial hardship.

 

If you consider this may apply to you, it is important that you notify us of your circumstances, so that they can be given due consideration and the appropriate action taken on your case. Please be assured that our staff are professional and non-judgmental and will deal with any communication sensitively and with sympathetically, and with complete discretion. Any information you provid will be used only for the purposes of determining whether to proceed with the claim , and will be treated in strict accordance with the data Protection act 1998.

 

We summarise the options open to you :

 

Submit a written defence, with full account of your version of events

Settle the claim, with or without admission, by paying the amount stated £149.50

If you wish to settle the claim, but cannot do so within 14 days, contact us to discuss payment options which include instalments and deferred periods, dependent upon circumstances

Negotiate an alternative settlement by containing our Collection Department on 01159706231

Advise us of any other relevant circumstances you wish to be taken into account

 

We require a response or payment from you within 14 days of the date of this letter, in order to prevent further action being taken. Our contact information is detailed overleaf.

 

This is the letter!

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just keep ignoring. Youll get a couple of these over 6 months or so then theyll try and pass it to a dca. That dca will send you a couple letters then youll hear nothing from them.

 

Remember, that letter is the same they send to pretty much everyone.

 

Oh, and further action means the whole dca thing. Ignore and move on with your life .

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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