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    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
    • Sorry my redactions made it harder dx. Tick dates are 11/12/2014
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Boots RLP Civil recovery Very aggressive


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I was recently caught removing the plastic wrapping on a bottle of aftershave in boots, with a friend who took the aftershave out of the store without paying, along with a second bottle which I did not touch.

 

As soon as we left the store, 4 security guards grabbed us, we were taking into a back room, the police were called but they said because of our clean records they would let us off, yet after they had left the security staff made us fill out a civil recovery form, and told us we must write a letter of apology to the store.

I sent the letter the next day to them.

 

About a week later I received a first letter from RLP. Explaining the costs of the aftershave (28 GBPounds per bottle), and they expected us both to pay for both the bottles each, despite stating that the store had recovered the battles.

 

About 2 weeks after that they sent a second letter arrived, they now said because of other costs I must pay them 137.50 GBPounds, or about 100 GBpounds if I could pay in the next 31 days.

 

I did not make a payment, as I'm an A-level student without an income, not even EMA.

 

After the 31 days, I received a letter saying I had 14 days to pay 137.50.

 

After the 14 days had passed they are now saying my credit will be ruined, and I owe them 137.50 but it will increase by 5% annually.

 

I havn't heard anymore , but it's been about 14 days now.

 

 

I'm worried about data protection, I want the security recording and I want them to stop sending letters.

 

Any ideas?

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the police were called but they said because of our clean records they would let us off, yet after they had left the security staff made us fill out a civil recovery form, and told us we must write a letter of apology to the store.

I sent the letter the next day to them.

Any ideas?

 

Just out of interest, because I'm unfamiliar with the RLP area, how were you actually made to sign something?

 

Did the police turn up and say you'd be let off? Or was it the Boots folks saying you'd be let off?

 

Also, you say you're an A-level student, I assume that means you're probably under 18? Can anyone comment on the validity of contracts signed by a minor?

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  • 2 weeks later...
Guest Old_andrew2018

Hi

Please send a PM to JonCris, please remember to include a link to your thread, he will advise.

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First off, if this were me, I would not have signed a thing. They cannot do anything with no details. After that I would have quoted that being kept inside the store was false imprisonment, and if the police wanted to arrest me, then I would go willingly, they still wouldn't get so much as my first name.

 

It's also a grey area as to the powers security guards have. My partner says if they lay a finger on you, that is classed as an assault. They do not have the power of arrest, that is reserved only for the police & agencies working with the police such as FBI, CIA etc, regualted government authorities, not private security. Private contractors & store guards do not have these powers, and are as liable for their actions as any tom, dick or harry.

 

Do not make a payment, as soon as you start paying, the 'costs' will go up and up. It is a [problem], and should be treated as such. The letters you are getting are computer generated and designed to frighten you into paying. I doubt a human being even knows who you are.

 

You could find out if you could make a freedom of infomation request to boots for the security footage, although your likely to be fobbed off by 'it's been erased' etc.

 

Also, why did your friend walk out of the store without paying for the item?

Edited by The Chez
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Since when did the FBI and CIA have the power of arrest in the UK?

 

I was just mentioning some of the agencies that have this power, not what country they operate in.

 

Have you come here to be petty or to help the OP? Also, these agencies do work with our police from time to time to apprehend/help remove globaly wanted criminals & terrorists.

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Security guards CAN arrest a person, but they must have good grounds to suspect a crime has taken place AND that the perpetrator intends to flee the scene
They must have more than suspicion - The power to arrest on suspicion alone is a power that only a police constable has (and various other officers of the law, such as HMRC etc).
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They must have more than suspicion - The power to arrest on suspicion alone is a power that only a police constable has (and various other officers of the law, such as HMRC etc).

 

Incorrect A security guard can arrest a person based on the suspicion that he HAS committed whereas a police officer can arrest if he thinks an offence is about to be committed

 

The security guard acts reactively whereas the police officer can act proactivley

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That aside, some people posting in this forum, talking about RLP, did actualy steal, or hang around with theives, what do they expect to happen? The OP still hasn't explained why their 'friend' took the aftershave out of boots without paying for it.

 

At the end of the day, we do have rights yes, but stores also have rights to protect. Nobody has the right to steal anything from anyone, big company or a garden gnome from the old lady down the road. RLP isn't the best way to deal with theives, personally I think people caught stealing should face criminal charges levied only by the police, not by credit companies.

 

If you don't agree, thats fine, and for the record I am very, very against RLP and the stores that use it. Boots should be ashamed at how they treat customrs as criminals before they've done a thing wrong, what on Earth would Jessie Boot think?

 

Boots also STILL test their products on animals, when a lot of other companies have abandoned this.

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They must have more than suspicion - The power to arrest on suspicion alone is a power that only a police constable has (and various other officers of the law, such as HMRC etc).

 

Incorrect

 

They do arrest on suspicion which is why 'suspects' are known as suspects

 

They have to have reasonable grounds to suspect a crime has already been committed whereas a police officer can arrest if he has reasonable grounds to suspect a crime is about to be committed

 

Reasonable grounds would be either what he witnessed or based on what he was told by other persons

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Incorrect

 

They do arrest on suspicion which is why 'suspects' are known as suspects

 

They have to have reasonable grounds to suspect a crime has already been committed whereas a police officer can arrest if he has reasonable grounds to suspect a crime is about to be committed

 

Reasonable grounds would be either what he witnessed or based on what he was told by other persons

 

How do you know all this?

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That aside, some people posting in this forum, talking about RLP, did actualy steal, or hang around with theives, what do they expect to happen? The OP still hasn't explained why their 'friend' took the aftershave out of boots without paying for it.

 

At the end of the day, we do have rights yes, but stores also have rights to protect. Nobody has the right to steal anything from anyone, big company or a garden gnome from the old lady down the road. RLP isn't the best way to deal with theives, personally I think people caught stealing should face criminal charges levied only by the police, not by credit companies.

 

If you don't agree, thats fine, and for the record I am very, very against RLP and the stores that use it. Boots should be ashamed at how they treat customrs as criminals before they've done a thing wrong, what on Earth would Jessie Boot think?

 

Boots also STILL test their products on animals, when a lot of other companies have abandoned this.

 

I agree & that's why we have a police force & a criminal justice system

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Cos I does;)

 

Sorry I couldn't resist

 

 

Just wondered thats all lol, nothing bad meant.

 

I do feel though that some people posting on this section need to rethink who they hang around with though. If I was hanging around with a theif, and they did it while I was with them, they'd never be coming within 1000 foot of a shop with me around again.

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Chez the problem is that even when some admit to theft it's found on questioning there was no such thing they have just been made to think they have committed a crime when they haven't In many cases there is no intention to steal it's often just a mistake either way there has to have been an intention to steal before it meets the burden of proof

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Incorrect

 

They do arrest on suspicion which is why 'suspects' are known as suspects

 

They have to have reasonable grounds to suspect a crime has already been committed whereas a police officer can arrest if he has reasonable grounds to suspect a crime is about to be committed

 

Reasonable grounds would be either what he witnessed or based on what he was told by other persons

I stand corrected.

 

Section 100 of SOCPA adds Section 24A (1) (b) "anyone whom he has reasonable grounds for suspecting to be committing an indictable offence".

 

The test would be as to what constitutes reasonable grounds.

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Correct

 

Let me give a you a scenario Chap buys cassette remains in store whilst his friend completes her shopping. Leaves store followed by store detective who assumes on seeing the cassette in the chaps hand it's been stolen. Calls police who acting on the information of the store detective & despite his protestations of innocence arrest him in a nearby cafe & take him to the nick. 2 hours later he's released when the assistant who sold the cassette phones to confirm it had been paid for

 

Also I should mention that by the time the police arrived he had thrown the receipt away

 

What do you think happened next?

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