B&Q Security dragged me out of ny van over bogus theft assumption

[tiler1]

can anyone advise me on what to do regarding letters being received from retail loss prevention (RLP) for the sum of £137.50.

obviously as i am innocent i will not be paying but will need to get the court case out of the way first before i proceed to tackle them.

 

thanks also for all yor support and good wishes!!

[flyingdoc]

I would write back with this.

 

Dear Sir/Madam

 

As you may be aware there is a pending court case with regard to criminal charges which have been brought in connection with the incident for which you are attempting civil recovery.

 

As I am most strenuously protesting my innocence in this matter I will be contesting your claim regarding civil recovery, but feel that the outcome of the criminal case, due to be heard in January, would be extremely relevent.

 

With this in mind I am requesting that you put on hold any action regarding this issue until after this case is settled.

 

I will not be entering into further correspondence with you on this matter.

[ScarletPimpernel]

I think I'd take a more robust line with these idiots, who are on a par with private parking companies. The shop will have an opportunity to ask for compensation equivalent to their losses during the criminal case. I fear that the letter above could be seen as suggesting that RLP may have a case, and that if convicted, their claim will be met.

[bobbyh99]

can anyone advise me on what to do regarding letters being received from retail loss prevention (RLP) for the sum of £137.50.

obviously as i am innocent i will not be paying but will need to get the court case out of the way first before i proceed to tackle them.

 

thanks also for all yor support and good wishes!!

 

What is the £137.50 for? Expensive drill bits, which I might add, B&Q still have!!

[tiler1]

none of the £137.50 is for the property, namely drill bits, as b and q have them in their possesion.

it is for the cost of time incurred for security staff to deal with "my dishonesty!" its all a big joke! but i aint laughin!

[noomill060]

Their staff would have been paid anyway, so in reality, they have not lost a penny.

[tiler1]

could anyone advise on the legal stance of the recovery of these charges.

 

when i have entered other shops in the past, i have noticed signs on the door stating that the particular premises takes part in a civil recovery scheme. is this an absolute requirement to have a sign on the entrance point to make you aware of the procedure if a theft occurs.

 

i only ask as the entrance i used does not have a sign to this effect, therefore, even though i have not taken anything, if i had have done, i would not have been aware before entering the store of this procedure????? surely this would be enough to put to RLP and flip them off!

 

anyone confirm or correct me on this.

[flyingdoc]

As far as I am aware there is no requirement to display such a sign - that is purely a warning to try and deter thieves.

[noomill060]

Any case would go before a judge and you would be able to defend.

 

As there is a live, connected criminal case involved, this case would have to be resolved first.

 

If you do receiev a claim form from them, you could decide to defend the entire amount and make a counterclaim for all the reasons stated above- assault, unlawful search, false imprisonment, whatever.

[flyingdoc]

which was the basis for my earlier letter

[JonCris]

You could write telling them that as this now in the hands of the police & you intend to contest their accusations to the fullest extent you will not be paying anything nor will you enter into any further discussion until after the criminal charges are resolved. Furthermore any more demands for payment will be reported to the police as criminal harassment.

[noomill060]

Any news tiler1?

[tiler1]

hi, yes attended mags court yesterday, pleaded not guilty to both charges (theft and assault) and elected for the trial to be held at crown court. have to go back to mags court on 2nd march for another short hearing to await whether the police have prepared a full file, then a date will be set for crown court.

 

on reading the statements passed to us, the first security guard who stopped my van has stated that whilst i was sat in my van i kicked him in the legs and stomach BEFORE any other security staff were present, however the second security guard has said i kicked ' and punched' him in the 'chest' whilst he was there, so they are both giving different accounts.

 

once in the security office the first guard has said he asked me to empty my pockets (which he never did) and i produced 5 drill bits from my left pocket. a duty manager who has given a statement has said i puled one from my right pocket, dropped another on the floor from my right pocket, and pulled three from my left pocket. again differing accounts.

 

my solicitor is going to send me copies of the statements so i can go thru them finely. until the crown date is set dont think much else will happen.

 

will have a good read of the statements when i get them and post any further relevant info!!!!!!!

 

thanks again to everyone for their advice and support!!!!!

[skonk]

I think the judge is going to have a field day when he gets to read these fables!! I know it's easy to say try not to worry about it, as I'm not the one facing court, but their statements are crumbling around them. Post up when you've had a good read of the statements, see how many more discrepencies appear. Are you going to try and get compensation from b&q after the court case? I should imagine you have excellent grounds to get it.

 

edit: How tall are you? Just wondering, as you must have some very long legs to have kicked him in his legs from the drivers seat of a van!!

[godpikachu]

either that or hes a yoga expert, or deformed in some way.

 

im sensing you will be hearing the words "not guilty, case dismissed" in the not too distant future.

[skonk]

Maybe tiler1 is that dude from the street fighter game, who is made of rubber and attacks people with his legs from ten yards away?

[flyingdoc]

Dont be silly - he is Mr Fantastic from the Fantastic 4

 

[skonk]

Comes complete with security guard kicking action...from ten yards away!! Also available in the series - 3 morons with the inability to back each other up.

[flyingdoc]

Tiler - change your avatar instantly - - picture supplied above

[skonk]

+1 in agreement with flyingdoc!!

[tiler1]

think i might print a copy of this pic for the judge!!!

[kiptower]

get some pictures done of you sitting in the van , someone about same size as the guard etc to show how far you could kick , re he said you kicked him in the legs stc

Edited January 7, 2009 by kiptower

[tiglet]

That's actually a very good idea - but I would ensure your solicitor or other witnesses are present so that they can give affidavits/swear before the court that it is impossible.

[godpikachu]

get some pictures done of you sitting in the van , someone about same size as the guard etc to show how far you could kick , re he said you kicked him in the legs stc

 

 

That's actually a very good idea - but I would ensure your solicitor or other witnesses are present so that they can give affidavits/swear before the court that it is impossible.

 

 

quoted for truth.

[godpikachu]

Maybe tiler1 is that dude from the street fighter game, who is made of rubber and attacks people with his legs from ten yards away?

 

 

what, you mean like this??...