Issued FPN by Police for incident in M&S, now drydens want £85.50 for RLP letter

[rebel11]

Hi star

 

It's very scant in it's detail, only telling us what we already knew. I would write back, explaining that even in their response they have made the 'facts up' to backup their story. If the security guard said 'can you wait 15 minutes for the police', how does he know that the police will arrive in 15 minutes? How long did the police take to arrive?

 

You also need to justify why you excepted the 'Penalty Notice', if you were scared say 'so' tell them, as an example, 'if you lost a rail ticket, you would still be asked to pay a fine, although you had purchased a ticket'.

 

If they have carried out an investigation, you want details of that investigation, if they have nothing to hide then they shouldn't object. You want a copy of the CCTV tape. Tell them they are trying to justify the stores actions instead of trying to investigate them.

[stargazerlily]

Hi rebel, I think they will probably ignore any further letter ("we cannot help you any further") Don't know what to do about the Drydens letter now either, I'm thinking I've made it worse by writing to M&S, knowing my luck I'll be one of the cases they WILL take to court. Sending off a cheque today for the FPN, so will be out for a while, not ignoring any posts.

[rebel11]

Hi star

 

I would go to your local Citizens Advice Bureau, explain whats happened, I don't think they will take any further action. But the letters that you've sent highlight your position in this matter. You shouldn't be punished for something you didn't do intentionally.

[andydd]

In the Oxford case, the defendants didnt deny the actual theft and the Judge decided that RLP had no claim so you would actually have a stronger claim as you deny any intention of theft. Although you accepted an FPN, I'm sure you were under some pressure, there amy well be many people accussed of shoplifting who accept a FPN but maintain their innocence.

 

The fact that M&S do appear to apologise for not letting you visit the toilet would also help as I'm sure in the current climate they wouldnt want to be seen to treating customers this way, personally I believe that some stores may begin to distancee themselves from RLP especially if RLP follow through on their threats to sue 'everyone' left right and center (i.e CAB, CAG, Solicitors, other consumer/legal websites, etc).

 

You havnt made anything worse, you have written to M&S which was a sensible thing to do, there is little more you can do.

 

Andy

[stargazerlily]

Thank you rebel and Andy for your replies.

I've been trying all week to get an appointment at CAB, but by the time I'm able to get there (after seeing my husband is ok) there is always a queue and all appointments are gone.

 

I asked could I make an appointment for another day but they just say I'll have to come earlier.

Will try and get there earlier this week.

 

Can't believe what trouble I've caused by doing something so stupid.

 

Should I pay Drydens do you think? That would be admitting guilt though wouldn't it?

 

The Police came definitely within half an hour, but he didn't even ask me that,

 

what he said was it would be up to the Police if I could go or not! Fifteen minutes wasn't even mentioned,

 

what WAS mentioned was that they could be a couple of hours or more.

[andydd]

If you are genuinelly innocent why would you want to pay Drydens anything ?, I certainly wouldnt.

 

Even if you admitted a theft, the Oxford case (whilst not a prescedent I suggest it is persuaive) has shown that civil recovery cases do not have the clear basis in lawthat RLP claim, a fact that has been echoed by other solicitors, legal/consumer sites and even MP's.

 

Andy

[stargazerlily]

Just to put it all behind me Andy. I don't WANT to pay, I certainly can't AFFORD to pay.

[andydd]

Just to put it all behind me Andy. I don't WANT to pay, I certainly can't AFFORD to pay.

 

That makes it sound like you are being pressured to pay even though you have done nothing wrong.

 

The best that could happen is that nothing further is done, many tens of thousands of these demands for payment have been issued, only a handful of cases have gone to court, the majority of them are shrouded in mystery, the one we do know about is the Oxford case where RLP lost.

 

The worst that could happen is RLP/M&S start court action, we at CAG (and many others) believe that the case for civil recovery is flawed in law and therefore would expect RLP/M&S to be unsuccesful, if they won there would be added costs but (despite RLP's attempt to say otherwise) it would almost certainly be on the small track and therefore any further costs would be very limited.

 

Those are the options........my advice would be to deny any liabilty and not to pay. (DCA's whilst a pain have no legal powers).

 

Andy

[stargazerlily]

Thank you Andy, wish I had more confidence. I think I will be taking your advice and not pay, and just hope that it wont be taken any further.

[stargazerlily]

Second letter arrived from Drydens.

 

Sum outstanding £85.55.

 

We are Solicitors acting on behalf of Marks & Spencer plc. We are disappointed that you have chosen not to contact us following our letter of 26 June 2012.

 

Failure to contact us within the next 7 days may lead us to referring your case to our client to recommend that they consider all options availabe to them to pursue the repayment of the sum outstanding.

 

You can prevent further action being taken by contacting us on ***** ****** to arrange repayment of the sum due. Ideally this will be in full settlement of the sum outstanding, however, we may be able to consider a short term instalment arrangement.

 

We look forward to hearing from you within 7 days of the date of this letter.

 

Yours faithfully,

 

drydensfairfax solicitors.

[Sidewinder]

What they don't say is that their client may well decide that despite Dryden's recommendations, legal action to recover £85 may well end up costing them a damn site too much to even consider - especially when the case itself is far from cut and dried. You are hopefully looking at the end of the paper trail.

[stargazerlily]

Hi Sidewinder. I have again been trying to get an appointment with CAB. The man told me yesterday that where I live is the worst CAB in Wales to get an appointment with.

[shanty]

Good luck.

Edited July 13, 2012 by shanty

[Anus Horribilis]

If you are genuinelly innocent why would you want to pay Drydens anything ?, I certainly wouldnt.

 

Absolutely. If you took the bacon from their store by accident, without dishonest intent, then you committed no crime. You should decline the offered FPN from the Police and tell them you'll defend yourself in court if they prosecute (they won't). Ignore Drydens completely, they have no moral or legal right to a penny from you and they'll be laughed out of court if they try to sue.

[stargazerlily]

Thank you Shanty.

 

A.H., I'm afraid I've already paid the FPN. You say ignore Drydens completely, yet others advise sending a short letter denying liabilty, which should I do?

[andydd]

It doesnt really matter which option, opinion will be divided on here, so its upto you,. Personally I'd chose the slightly more pro-axctive appdoach and write denying any liabilty..but others may suggets ignoring. Its upto you.

 

Andy

[stargazerlily]

Thanks for your opinion Andy. Going to wait for the next letter, if it arrives, and if it does will then write.

[stargazerlily]

I have this morning received a letter which I haven't seem mentioned in any other threads. It is from Business Crime Reduction Partnership, containing threats that if there are any further incidents I will be excluded from all participating premises for a period of 24 months and my photograph and information will be shared with Police, Local authorities and businesses within the area. This has got me worried all over again.

[ScarletPimpernel]

RLP have had the fingers in some of these partnerships.

 

I suspect that you've received this because they use a 'one size fits all' approach. Just ignore it.

[honeybee13]

Hello there.

 

What you've quoted says 'if there are any further incidents' . It doesn't sound as if they're talking about doing anything now.

 

My best, HB

[stargazerlily]

Thank you both, I feel like I was in a false sense of security and it's all going to rear its ugly head again.

[dx100uk]

its just clever wording on 'how' they might use the info supposedly

held on their database .

 

just saying dont be a naughty person again. else they might ban you!!

 

dx

[stargazerlily]

Thanks dx, it just worried me as I haven't read of anyone else having one of these letters.

[ashamed_lucy]

Hi StarGazerLily,

 

Hope all is OK with you, just caught up on your thread and hope that the threatening letters are not giving you sleepless nights, hopefully the good people of this site will be able to alleviate your fears.

 

Lucy

[stargazerlily]

Hi Lucy, thank you for asking. Not sleepless nights exactly but jumping when the postman comes and dreading what comes next. Hope you are doing ok and that all works out well for you.