someone accused of Shoplifting: your help is really appreciated

[claimer08]

Hello,

 

I tried to find similar threads to this thread to avoid posting the same things, but I couldn't find any.

 

The story happened with my girlfriend in one of the "BIG STORE" in the UK. We are both Internationals and she's been in the UK only for about a year and a half.

 

recently, She went shopping and bought a `bag` and `Man Eau de Toilet' from 2 different shops, then she went to the "BIG STORE" to see if there is anything interesting that she can buy.

 

She walked around the second floor of the "BIG STORE" looking at few things , and finally made her way out. At the Exit Door, she received a call, she picked up her phone and then put it back into the back. At that moment security guards waited until she has passed the door, they stopped her outside and accused her of putting "something in the bag". she said it was her mobile; she was told to shutup and took her to a private room. of course She was treated liek dirt, the security guards started laughing at her and searched her, not only the back but even her wallet. In the bag there was the mobile, `Man Eau de Toilet' that she bought from another store and her thin caot, she wears it if the weather gets warm instead of the heavy coat.

 

First, she was accused of shoplifting both, the coat and the `Man Eau de Toilet', she expained that the coat is hers and the other item was bought from another shop, they insulted her with some racist expressions. they took a picture of her and called the police.

 

After insiting to call me, they allowed her to make only one call and then switch off the mobile. of course the call was so shocking to me, she sounded really scared and was crying.

 

I came running to the "BIG STORE", some of the floor staff showed the private room, went in, they did not let me to see her before the police come.

 

I was talking to the security guards, explaining that this can't be true and it must've been a mistake. We are well off and highly qualified in life to do this. he kept saying that they saw her shoplifting and I ended up pushed to wait outside.

 

the Police arrived, they got in, they spoke to my girlfriend, and then approached me outside and informing me that she hasn't been cooperative, becaure she didn't admit what she didn't do. I was then given ONLY 2 options either to convince her to say "yes I stole", then she will be fined £80, otherwise, she would be arrested and the matter would go to the court.

 

I was practical and tried to convince my girlfriend to say "yes". the reason I did this is because of the state I found her in, and if she was arrested, shoud could die due to the great shock she was in.

 

We got out of the "BIG STORE", of course, she was very upset, she was humiliated, treated like dirt and discriminated. I aksed her to explain to me what happened inside the private room, she was talking with tears and fears, she was threaterned by security guards to go to prison before the police arrival.

 

I told it was simple, they could just scan the item to see whether it is theirs or not. She told me that the security guards received calls saying they are not sure.

 

Since then both of us are really psycologically damaged, my girlfriend is still in shock, she starts crying anytime she remembers what happens to her. Now we have the option to either pay the fine and close the case or request a court hearing. Although confident of her self that she was betrayed, she is so scared of the second option, but I am really a type of person who fights for his rights until the end.

 

Please advise, shall I just pay the fine and close up or shall I insist on her to request the court hearing. and if I go with the first option, will be there any consequences ?

 

I am left with about a week now to the payment dealine ...Please advise !!

 

Thank you for taking time to read this lengthy post...

 

Yours

[dave]

Can you tell me again what happened when they scanned the item to see if it was theirs or not? Did it turn up as one of their items?

 

Has she got the reciept from the shop she did buy the item?

[claimer08]

They didn't tell her anything. they Didn't tell her that the item was theirs.

 

In the private room, she heard the security guards talking to eachother saying they are not sure.

 

Besides, she told me she's never been to the ground floor where "the cosmetic and perfum" section is.

 

they also told us that she was caught on CCTV, but they Haven't showed it to us.

 

because she had a bag, she didn't ask for one from the shop she bought the item from, and she kept the receipt in her hand and threw it after leaving the shop.

 

Regards

[claimer08]

Dear Forum Users,

 

I really need your help concerning this matter. I am confused with what to do now.

 

I have received a letter from the "BIG StORE" to pay another £130. This is a lot of money. My girlfriend is still confirming that she was WRONGLY accused.

 

I am trying to convince her to take this further and request court hearing, but she is very scared, she is not used to these things, and so am I.

 

What do you advise me to do? Shall I just pay and close the whole thing up or shall I insist on her to plea NOT GUILTY.

 

If we take option 1 what would be the consequences? Is it going to be recorded as a criminal conviction/offence? would it affect her job application forms or her status in this country?

And dont you think that it is becoming very expensive for an item worth few quids ( £80 fine form the police and £130 compensation)?

 

I will beleive my girlfriend, I am sure she didn't do it. is there any harm if we ask the "BIG StORE" to show me the CCTV footage? would they charge us for this? how much?

 

If we take Option 2, what are the consequences if we couldn't prove that she was wrongly accused and otherwise?

 

Your advise is really appreciated?

 

Looking forward to your contribution to this thread

[loopinlouie]

If she has no receipt, is it possible the store she purchased the item in, would be willing to check their cctv and prove she paid for it?

 

Normally stores have differennt barcodes and would soon know wether its their product or not.

 

Again, I would go to store of original purchase, pick up same product to see the barcode, asked about cctv request, explaine to manager what happened and fight back in writing.

 

How did she pay for it, by card maybe they could trace purchase?

 

If by cash I worry for her, but I would stand ground and not admit fault if she genuinely has not done anything. A court would be shown cctv and she could fight her case maybe.

 

I am no expert at all so just throwing questions here?

 

I can understand shes upset but try to turn that into new confidence to prove her case, if that makes sence.

[claimer08]

Thank you for your suggestions. I would actually go to the shop she bought the item from and see if they can cooperate with us. she bought the item with cash, unfortunately.

 

I am worried though in case they refused ????

 

can any one please provide me with legal advices on my previous posts

[ForestChav]

Surely if they are alleging she stole, the burden of proof is on them to prove she did as opposed to her proving she did not.

 

If she did nothing then they can't prove she did.

[binkhus]

im a law student ( 1st year so not qualified) and its always down to them proving guilt you do not have to prove innocence.... in theory. they would have to show cctv of your girlfriend putting the item into her bag and cctv of her in the perfume section. try to see if any of the staff from the other shop where she bought the item from remember her or have cctv of her. go to court you will be provided a solicitor. sounds pretty simple stick to your guns they will prob drop the case due to insufficient evidence.

[ScarletPimpernel]

Dear Forum Users,

 

I really need your help concerning this matter. I am confused with what to do now.

 

I have received a letter from the "BIG StORE" to pay another £130. This is a lot of money. My girlfriend is still confirming that she was WRONGLY accused.

 

The £130 is from Retail Loss Prevention or some similar parasite, presumably. Since it seems that she has not been convicted by a court, it is difficult to see why your girlfriend should be liable for this alleged loss. These chancers will involve DCAs, but can be beaten. Do a search on RPL for details.

[loopinlouie]

binkhus is right, you would be provided with a solicitor, so its sounding a little more positive for her, especially if she didnt even go to the perfume section. Good luck.

[lottery-loser]

I am SO sorry to hear of your girlfriend's terrible ordeal and I am ashamed that people in this country have treated her this way. I know how hard it is to live in a strange country and that it would be bad enough to face this in one's own home, but abroad where things are unfamiliar, it is so much worse.

 

i do hope you both manage to get through this - and with a positive outcome (ie no criminal record). I hope you get a good solicitor and those b'stards get the sack for cooking this up; they obviously haven't got anything better to do and need some proper work.

 

Thinking of you.

[RK08]

I have received a letter from the "BIG StORE" to pay another £130. This is a lot of money. My girlfriend is still confirming that she was WRONGLY accused.

 

Why have you been asked to pay another £130

 

The £80 ticket is a away to keep out of court but to qualify you need to admit to an offence of theft. There will still be a crime number and therefore a cleared offence. A record of this will be on the Police National computer.

binkus is quite right the onus is on the prosection to prove beyond reasonable doubt the offence and this will need to be done through witnesses/cctv property etc.

It appears that the Police may have taken the easy option by not arresting, which saves time paperwork etc.

Don't risk a criminal record if you did not do it. If you feel strongly enough fight the case.

[The GodMother]

Dear Forum Users,

 

I really need your help concerning this matter. I am confused with what to do now.

 

I have received a letter from the "BIG StORE" to pay another £130. This is a lot of money. My girlfriend is still confirming that she was WRONGLY accused. Does the letter say what the £130.00 is for.

 

I am trying to convince her to take this further and request court hearing, but she is very scared, she is not used to these things, and so am I. From what i have read she needs to take this further especially because of the racism and the fact she never went to the section that the item is kept in.

 

What do you advise me to do? Shall I just pay and close the whole thing up or shall I insist on her to plea NOT GUILTY. Fight it. Please Please try and make your girlfriend plead Not Guilty.

 

If we take option 1 what would be the consequences? Is it going to be recorded as a criminal conviction/offence? would it affect her job application forms or her status in this country?

And dont you think that it is becoming very expensive for an item worth few quids ( £80 fine form the police and £130 compensation)? If she is found not guilty they would not put anything on her criminal record. If she is found guilty or admitts the guilt she will get a criminal record.

 

I will beleive my girlfriend, I am sure she didn't do it. is there any harm if we ask the "BIG StORE" to show me the CCTV footage? would they charge us for this? how much? They would have to show the footage in court and it would need to prove beyond reasonable doubt that she was guilty. You could always write to the store and ask to view the footage but they may not allow this.

 

If we take Option 2, what are the consequences if we couldn't prove that she was wrongly accused and otherwise? you would be able to prove she never stole the item with CCTV footage. They have to prove the theft.

 

Your advise is really appreciated?

 

Looking forward to your contribution to this thread

 

I say you MUST fight this. These ppl cant get away with it. A Big Store accuseed me when i was 16 of shop lifting and i fought the case and they lost. they could not prove i had done anything wrong and they said i had a bag when l did not. i was window shopping so i know that. I put my mobile phone in my pocket which i has walked into the store with as i was on the phone.

Please please please try and get your girlfriend to fight this all the way as because she says she is innocent admitting the case would be more of a problem.

I am going to PM someone with a bit more knowledge and ask him to look in on the thread.

[ForestChav]

Do nothing. Let them chase it, if you're innocent you'll get off.

[RK08]

If it is a penalty ticket for shoplifting doing nothing will not help. It is an alternative to being arrested and charged and being put before the courts. If it is not paid or contested the Police could apply for a warrant. More trouble than its worth.

I agree with Godmother in the fact that it should be contested which under the disclosure rules they will have to supply the defence with any of the evidence that supports the prosecution case. If there is no cctv and the statements are poor quality then it will strengthen the defence case. Also CPS are normally reluctant to prosecute if there is not at least a 90% chance of a successful prosecution.

You need to try and get your girlfriend to contest the ticket and obtain as much evidence from the other store as you can, again cctv receipts etc.

[RK08]

If we take option 1 what would be the consequences? Is it going to be recorded as a criminal conviction/offence? would it affect her job application forms or her status in this country?

And dont you think that it is becoming very expensive for an item worth few quids ( £80 fine form the police and £130 compensation)?

 

 

If she is convicted and a criminal record then it could affect some job applications especially if they conduct a CRB check. Can certainly affect some jobs as it is part of the theft act. As for status in this country again it depends which country she is from.

[NaciravBanks]

As for status in this country again it depends which country she is from.

 

and what her "Visa" conditions are

[claimer08]

Thank you all for your inputs.

 

I am quite confused, the police told us that if she pays the fine, this will result in NO criminal records and so says on the back of the penalty reciept. They told us her name will be recorded, so in case she does it again, then it can be a criminal record.

 

The £130 was for Security and Management time and administartion costs. and it was sent by Retail Loss Prevention.

 

I am still trying to push my girlfriend to plea NOT guilty. She is confident she didn't steal anything but very worried and frightened. She is not used to these things. I cannot do anything myself, it is up to her. What I am trying to do now is just to make sure if she goes for paying the penalty, there would be no consequences.

 

She is on Student Dependent Visa

 

Regards

[The GodMother]

Thank you all for your inputs.

 

I am quite confused, the police told us that if she pays the fine, this will result in NO criminal records and so says on the back of the penalty reciept. They told us her name will be recorded, so in case she does it again, then it can be a criminal record.

 

The £130 was for Security and Management time and administartion costs. and it was sent by Retail Loss Prevention. I hope the Retail Loss Prevention no how to whistle cause if not they better start learning.

 

I am still trying to push my girlfriend to plea NOT guilty. She is confident she didn't steal anything but very worried and frightened. She is not used to these things. I cannot do anything myself, it is up to her. What I am trying to do now is just to make sure if she goes for paying the penalty, there would be no consequences. try and get her to read these threads as we have offered lots of advise and we know what we are doing. She may feel better when she does read these threads as she will see ppl want to help her and you.

 

She is on Student Dependent Visa

 

Regards

...................

[ForestChav]

To be honest, just ignore them, it is down to them to prove the accusations, as has been said. Don't enter into any correspondence with them. Theft is a criminal matter which they appear to be trying to turn into a civil matter (because no crime has been committed) so let them try and charge you and take it to court. As they can't prove an offence which never happened, they will not get it past the CPS, I suspect.

[bifidus digestivum]

If you pay the fixed penalty notice, there is no admission of guilt and no criminal record. On the back of the ticket there will be an option to request a court hearing. I would opt for that. I bet the police and security guards did a basic investigation and left it at that when they issued the ticket. The chances are that when they come to prepare a prosecution file they won't be able to.

[marc_31m]

If she didn't do it just ignore it. Without proof there is no way a criminal prosecution can be successful.

[bifidus digestivum]

Don't ignore it otherwise it will be registered as a fine. You have to request a trial.

[The GodMother]

yes u must request a trial as this is them being wrong.

[ForestChav]

Don't ignore it otherwise it will be registered as a fine. You have to request a trial.

A fine for what, walking through TK Maxx?

 

Surely if they want to get the situation resolved the onus is on TKM to take the case to court through the CPS.

 

It would be insanity to ask them to commence criminal proceedings.

 

Ignore it, let them make the move, after all it is them making the allegations.