Accused of shop lifting.

[Denise Cox]

My daught has been accused of shop lifting. She was hilding a couple a bottles of purfume in the same had as her hand bag and coat, she decided she did not want them and put them down in a different area of the store, but was stopped before leaving the store even though she had no goods on her person. She was frightened only being 16 and has adhd and started to run (still in the store) she was restrained by 2 security men, she struggled and had up to 7 people holding her including a policeman and it was very painful, before they let go and she calmed down. The two bottles of perfume were recovered from where she left them. The policeman was asked to look in her bag but found nothing.

She has been sent a demand for £137.

I rang the Manager ( one of the big department stores). The store security are saying that she put one bottle back after being caught and another was found in her bag on leaving the store. My daughters friends back up her story that this was a blatant lie. he also told me no one had ever made any complaints before, which I find hard to believe.

My question is ehat are her rights. No goods were found on her ( even though they are saying tere were). she had not actually left the store when she was stopped. it does not look like the police will procecute, but the store is trying to make a civel suit.

[ForestChav]

The onus is on them to prove the theft. As no theft has taken place, this can't be done.

 

Is this TK Maxx / RLP?

[gni03349]

Yes, its down to the store to prove it, but more importantly, I would demand that the store write to you with their version of events together with their written demand for £137. They just cant demand money from people! As the police were involved (but found nothing), I would ask for the policeman/woman to contact you or provide you with their version of events. If nothing was found by the police, who is the court going to believe??

 

I can understand you must be extremely angry about this, but don't worry. If anything was found, your daughter would be getting a summons for (criminal) court. However, the store is demanding that you hand over £137 instead. Hmmm.. something doesn't sound quite right.

 

Ignore the demand and let them chase you for it, right through to (civil) court if you have to. You then counter-claim, and blow their case out of the water, and also get monetary damages from them. If they are stupid enough to carry this through, you can call the policeman/woman as a witness, who will say, nothing was found.

 

Once you have something in writing from the store, I would fire off a letter to their head office demanding apologies, assurances that it will never happen again, etc etc.

 

 

I hope this helps in some small way.

 

Regards...

[gni03349]

As a quick note to the above, I know you are angry about this, but wait a while and come back and read it again. It will make more sense.

 

Regards...

[please return my money]

Dont know whether this will help, but the police should have a log of the call, their attendance and the result. You should be able to get a copy of this a proof that she had stolen nothing. Although the onus is on them to prove it, it may be worthwhile to get a copy.

[gni03349]

It will be VERY worthwhile to get a copy, behind the scenes as it were (don't let the store know it). And then you sue them. It's quite simple really. But to really make them squirm, let it run its course ie. the hassle of letters from debt collectors, solicitors etc etc. Admittedly, it may involve some up front cost, but hardly anything, in relation to what you will get in the way of damages. Trust me, they won't let it go as far as court, but they will settle out of court, for a tasty some of money no doubt. They won't let it go to court to protect any "reputation" they might still have left by that time, not to mention that there is no case anyway (other than trying to obtain money by deception, which is a criminal matter, but that is their lookout if they want to be so stupid as to even attempt it).THAT is when you will make the killing (and probably get a few people sacked too lol).

 

If they insist that you pay, that is when the fun will begin. Right now, there is diddly squat to worry about, other than the inconvenience of the inevitable hassle caused by all of this, and iniated by them.

[Gogivit]

Being an ex retail manager (based in Oxford Street London) if a person picks up any item/s and leaves the store without paying for them, then that is theft.

 

However, if someone picks up an item and tries to hide it under their jumper and then replaces it back in the store, that is not theft.

 

HOW MANY OF US WATCH OLDER FOLK PLACING SHOPPING IN THEIR OWN SHOPING TROLLEYS THEN GET TO A CHECK OUT AND REMOVE THE ITEMS FROM THEIR OWN TROLLEYS AND PAY FOR THE GOODS?

 

THE RULE HAS ALWAYS BEEN... If you see someone shoplifting- you must see them pick up the item, hide the item, walk out without paying for the item! They must never be out of site!!!!

 

So if your daughter had nothing on her, then she has commited no crime.

 

Now assuming that she did think of stealing, then changed her mind, the fact that she was found to have nothing on her shows that- a) she out-smarted those watching her, b) those watching her were not watching her fully, c) She may have looked nervous whilst browsing and attracted suspition (which is no crime in itself).

 

My advice is same as other entries- Do not pay any money and ask for compensation.

 

 

It is worth noting though that prices for goods are higher due to theft, so we need to reduce theft to get lower prices!

[Guest Old_andrew2018]

Hi Denise,

 

Have used your real name rather than a alias, If so you could ask for it to be changed by a moderator.

 

What an ordeal for a young girl to go through, I hope she is not too traumatised.

You have received good advice here, and should get details as suggested from the police, you might consider a counter claim if the store take their threat further.

I wonder if your daughter is up to reporting the assault, because it was assault, I feel those involved must be made to face the consequences.

 

Regards

 

Andy

[Rooster-UK]

Hi Denise,

Have used your real name rather than a alias, If so you could ask for it to be changed by a moderator.

For security reasons, you are better not to use your real name. If you wish to change your username, then send a PM to any Moderator or Site Helper, stating what your alternative name is and we can change it for you.

 

Being an ex retail manager (based in Oxford Street London) if a person picks up any item/s and leaves the store without paying for them, then that is theft.

 

However, if someone picks up an item and tries to hide it under their jumper and then replaces it back in the store, that is not theft.

 

HOW MANY OF US WATCH OLDER FOLK PLACING SHOPPING IN THEIR OWN SHOPING TROLLEYS THEN GET TO A CHECK OUT AND REMOVE THE ITEMS FROM THEIR OWN TROLLEYS AND PAY FOR THE GOODS?

 

THE RULE HAS ALWAYS BEEN... If you see someone shoplifting- you must see them pick up the item, hide the item, walk out without paying for the item! They must never be out of site!!!!

 

So if your daughter had nothing on her, then she has commited no crime.

As gogivit said, until you actually walk out of the shop with the goods, you have committed no crime. You could pick up anything in the store and walk all round the place, but provided you put it down before you leave, it is not theft.

 

Personally, I would be looking down the path of assault by the shop's staff.

 

Regards, Rooster.

[MARTIN3030]

Agreed.

There have been many posts about stores seeking to try and recover costs following Police being called...TK Max being one.

Most of the larger stores would simply issue a banning order..they dont have to give reasons. Its their duty to prove their case if they want to take it to Court.If you continue to get demands for payment then use the procedures afforded to you under the Data protection act/and Office of fair trading.If they engage debt collectors then report it in the debt forums for guidance.