Falsely Accused of Shoplifting

[Aicha]

My husband and i had been in a particular Tesco store quite a few times as i had been looking for a Stylus for my Samsung phone. Different staff had helped by using various styluses including one for Samsung but none had worked. They mentioned something about having a Universal one i could try but was currently out of stock and said on 2 occasions they would give me a call when this particular one cme in. They never called.

 

Anyway one evening last month myself and my husband had gone into the same store. We had been out for the whole day but i wanted to go to the store to get a few things for work the next day. We ended up being in the store for a long time as i was looking at clothes. Also one customer had asked me what i thought of a particular jacket that was for sale there so we hd a long chat.

 

We were just about to go an pay for our shopping when i remembered i wanted to go and look at the Styluses.

 

I have a multitude of medical conditions including M.E so feel very drained much of the time but i always make the mistake of pushing myself too much/far..

 

We went over to look at the styluses. I noticed there was one there (Universal) which was in an unopened box. When i say unopened i mean the box was not sealed, taped etc. Obviously had the box been sealed i wouldnt have dreamt of trying to open it.. I knew i needed to try it on my phone to see if it worked. As it was after 1.00am by this time and there were no staff about to ask i took the stylus from the box and tried it on my phone. As with what happens with M.E i felt by this time more drained than ever and knew i was so tired i needed to go and thought i would look at the stylus another time.

 

I gave the stylus to my husband and said "can you put this back, i am feeling very drained i need to go" and walked away. Unbeknown to me my husband thought i was giving him one of my pens as i am always doing this eg giving him my car keys and much more so he was used to mehanding him things. We were both half asleep. He put the pen in his pocket and put the box on the shelf.

 

We paid for our shopping which came to £70.00 and then proceeded to leave (unbeknown to me he had the pen in his pocket).

 

As much as i can see what this perhaps looks like it was a genuine mistake on my husbands part. He may be Absent minded but he is not a thief.

 

We of course were collared by members of staff and taken into a back room. One of the staff kept continuously saying to me "you have done nothing wrong". They wouldnt allow my husband to speak to explain what happened. We were shouted at and received the most horrendous abuse. I explained all i had done was give the pen to my husband as at the point i was completely drained.

 

The Security guard who had previously been aware i had been looking for a stylus pushed me when i asked what i had done. he said we are accusing you of aiding and abetting.and pushed me. I said i had done nothing wrong. One of the staff searched our bag ad asked if we had stolen anything else. Of course we hadnt!

 

They called the Police and as i have never been in trouble in my life i asked for a lawyer. One Police officer said i didnt need a lawyer as i wasnt been charged with anything. Also the member of staff who had repeatedly said i had done nothing wrong took my clubcard and i was told i was banned from the shop. When i explained i had taken the pen out the box as the box was open and not taped, sealed etc one Police Officer informed me it was still stealing.

 

They wouldnt let him speak and one of the sraff said to him where is it? My hsuband thinking he had my pen and nothing else told them he didnt have anything. When he realized what they were talking about he took it out and said "do you mesn this? i thought it was my wifes pen" They wouldnt allow him to speak.

 

I have never stole anything in my life let alone been in trouble and in fact all my friends say i am too honest for my own good. I have been shopping in Tesco for over 40 years and this has never happened. Neither myself or my husband have ever been in trouble.

 

I have recently received a letter from head Office saying that after investigation the Manager of the store acted appropriately and that we had a "Pending Charge" and were also banned from the store from life.

 

I cant sleep properly since this happened as i have not done anything wrong and am worried sick when i apply for future jobs this "Pending Charge" will show up in a Pre Employment check.especially as i work in Banking.

 

I have spoken to a few different lawyers about this. Each one tells me something different regarding the checks. They all have also said that they may forget about it, take it to court or give us a fine. My husband had been absent minded. He is neither a thief nor stupid and why would he try to take a pen when we had all the shopping and also knew there were cameras everywhere.

 

This has come as the icing on the cake after a serious of nightmares which have taken place since we moved here including the fact my car got broken in which incidentally the police cant do anything about.My husband didnt even get a chance to explain what had happened. After being told i wasnt being charged with anything another police officer came in after speaking to the staff in private said he was also charging me with theft. I said on what grounds what have i done? Show me the CCTV which no-one would. He said" i will save it for Court". So he had charged me but couldnt tell me why> Why would my husband try to take a pen worth a measley 10.00 when we had paid 70.00 for shopping.

 

I am living my life wondering what is going to happen next and wondering why i am having all this bad luck as i havent done any harm to anyone in my life.

Edited February 17, 2013 by Aicha

[citizenB]

Hi, I have moved your thread to the correct forum, where I am sure someone will be able to advise.

[postggj]

have the police charged you in the police station with theft or have you received a summons through the post

[Aicha]

.After a member of staff stating i hadnt done anything wrong and a PO saying i didnt need aa lawyer i wasnt going to be charged, another PO came after speaking to the staff in private and said he was charging me with theft. I said on what grounds. He wouldnt tell me and said he would save it for Court

[Aicha]

Hi, I have moved your thread to the correct forum, where I am sure someone will be able to advise.

 

Thanks

 

Which Forum as i couldnt find one in relation to my Query

Edited February 17, 2013 by Aicha

[dx100uk]

what do you mean by charged?

 

or was this a verbal warning.

 

what what date did this all happen?

 

whatever you do DO NOT repond to any letter ftom RLP

claiming money for tescos.

 

dx

[Aicha]

have the police charged you in the police station with theft or have you received a summons through the post

 

Please see my reply below. We are waiting for a letter to let us know what they intend doing about it it will clearly be the decision of the PF. They didnt take us to the Station

[Aicha]

what do you mean by charged?

 

or was this a verbal warning.

 

what what date did this all happen?.

 

whatever you do DO NOT repond to any letter ftom RLP

claiming money for tescos.

 

dx

whats RLP? cant remember exact date was mid Jan. I mean the officer came back after speaking to staff and said he was charging me also with theft. (After the member of staff said id done nothing wrong and after another officer informed me i wouldnt be charged) Before this several Police officers had said to me "we are not charging you with anything" when i had said i want a lawyer.

Edited February 17, 2013 by Aicha

[Aicha]

I am confused as the letter from Head office says "Pending with the Police" not " Pending with the Court" so does this mean the Police decide if it goes to |Court?

[dx100uk]

no

they [the police] decide what if ANYTHING they are going to do.

 

they could forget about

they could arrest you both or either for theft and fwd it to the CPS

the CPS will decide if it goes to court..

they police could give you both/either a formal warning .

 

IMHO i would sit on your hands

 

its been poss a month already.

 

looking good

 

have a read of a few threads here in the forum you are in

 

and read up on RLP too.

 

dx

[Aicha]

no

they [the police] decide what if ANYTHING they are going to do.

 

they could forget about

they could arrest you both or either for theft and fwd it to the CPS

the CPS will decide if it goes to court..

they police could give you both/either a formal warning .

 

IMHO i would sit on your hands

 

its been poss a month already.

 

looking good

 

have a read of a few threads here in the forum you are in

 

and read up on RLP too.

 

dx

 

Thanks D x Its difficult playing the waiting game and also being worried about future pre employment checks

[dx100uk]

in MY opinion i doubt if you'll hear anything more on this from the police

 

they certainly dont bother with even warning people that actually steal £100's worth of stuff

so i cant see them wanting to waste time on a £10 bit of plastic

that the retailer got back.

 

i warn you now.

 

you WILL get letters from RLP

claiming anything from £80 up to £137.50

for compensation to 'their' client.

 

THEY ARE NOT THE COURTS

they have NO LEGAL POWERS to demand anything from you.

 

DO NOT respond to them in anyway shape or form

unless the guys here recommend it.

 

my bet is on the police front you'll just get told they are taking no further action.

 

dx

[Aicha]

in MY opinion i doubt if you'll hear anything more on this from the police

 

they certainly dont bother with even warning people that actually steal £100's worth of stuff

so i cant see them wanting to waste time on a £10 bit of plastic

that the retailer got back.

 

i warn you now.

 

you WILL get letters from RLP

claiming anything from £80 up to £137.50

for compensation to 'their' client.

 

THEY ARE NOT THE COURTS

they have NO LEGAL POWERS to demand anything from you.

 

DO NOT respond to them in anyway shape or form

unless the guys here recommend it.

 

my bet is on the police front you'll just get told they are taking no further action.

 

dx

 

Thanks. I wrote the letter to Head \office on 17/01/13 and it was about a week after the incident so i reckon it happened somewhere between the 7-13 January. but a lawyer i spoke to said it can take up to 3 months to hear anything back

[dx100uk]

as i said looking good then!

 

dx

[lenny01]

Hi Aicha,

 

I doubt very highly that you will hear anything from the police or the courts in relation to this matter. For low value thefts that fit a certain criteria, police officers are urged to resolve using £80 fixed penalty notices. Presuming that you have been honest about your past - your case would have fit perfectly, no previous theft convictions, able to pay the fine, low value theft with no aggravating factors etc (there may have been a factor about health and your ME, but I believe that it is only mental conditions that affect the issuance of a PND, and forgive me if I'm wrong but ME is similar to Chronic Fatigue Syndrome is it not). IF the police were to take any action I am almost certain it would have been an £80 PND.

 

IMO I believe the police consider this NFA, and have left Tesco to deal with it by civil means - RLP.

 

Were you cautioned? Were you arrested? Like the other members said, brace yourself for a letter from RLP - when you see the amounts they demand they can shock, but follow the good advice set down by dx100uk with regards to dealing with RLP.

[Aicha]

Hi Aicha,

 

I doubt very highly that you will hear anything from the police or the courts in relation to this matter. For low value thefts that fit a certain criteria, police officers are urged to resolve using £80 fixed penalty notices. Presuming that you have been honest about your past - your case would have fit perfectly, no previous theft convictions, able to pay the fine, low value theft with no aggravating factors etc (there may have been a factor about health and your ME, but I believe that it is only mental conditions that affect the issuance of a PND, and forgive me if I'm wrong but ME is similar to Chronic Fatigue Syndrome is it not). IF the police were to take any action I am almost certain it would have been an £80 PND.

 

IMO I believe the police consider this NFA, and have left Tesco to deal with it by civil means - RLP.

 

Were you cautioned? Were you arrested? Like the other members said, brace yourself for a letter from RLP - when you see the amounts they demand they can shock, but follow the good advice set down by dx100uk with regards to dealing with RLP.

 

Hi Thank you for your reply.

 

If you mean by arrested were we taken to the Police station then no.

 

Several officers had said to me they werent charging me with anything.

 

One member of staff said i hadnt done anything wrong but still took my clubcard which is no big deal.

 

They then went to speak to the staff in private.

 

After they came back one officer said to me

 

"in fact we are chargoing YOU Also with theft. I asked on what grounds as i had handed my pen to my husband and had walked away.

he wouldnt tell me he just said "We are saving it for Court".

 

How can several officers first say they are not charging me with anything then about 20 minutes later one officer says they are.

 

As i have mentioned even the member of staff repeatedly said to me "you havent done anything wrong".

 

At the point when i said i want a lawyer. Several officers had said "You are welcome to call one but we are not charging you with anything".

 

I now know what RLP is.

The letter i received back from Head Office was in fact a very nice letter which is strange considering they are accusing us of theft.

 

Makes me wonder if they are actually sure the store have their facts right.

I asked to see the CCTV and was refused.

[lenny01]

They then went to speak to the staff in private. After they came back one officer said to me "in fact we are chargoing YOU Also with theft. I asked on what grounds as i had handed my pen to my husband and had walked away. he wouldnt tell me he just said "We are saving it for Court".

 

A Police Officer cannot make the decision if and when to charge, the Crown Prosecution Service do, effectively - all the police can do is arrest you for an alleged offence, investigate it, interview you, gather evidence and present it to the CPS to decide whether there is a case and a public interest to charge you. This obviously has not been done. So I doubt very highly you are going to be charged with an offence. Were you cautioned? i.e. Did either the Tesco security staff or the Police officer say to you a long sentence starting "You do not have to say anything, but it may harm your defence if you fail to mention...."

 

Also, you are entitled to see any CCTV in which you appear by submitting a Subject Access Request.

[Aicha]

A Police Officer cannot make the decision if and when to charge, the Crown Prosecution Service do, effectively - all the police can do is arrest you for an alleged offence, investigate it, interview you, gather evidence and present it to the CPS to decide whether there is a case and a public interest to charge you. This obviously has not been done. So I doubt very highly you are going to be charged with an offence. Were you cautioned? i.e. Did either the Tesco security staff or the Police officer say to you a long sentence starting "You do not have to say anything, but it may harm your defence if you fail to mention...."

 

Also, you are entitled to see any CCTV in which you appear by submitting a Subject Access Request.

 

That is a very good point. No we werent cautioned.

[lenny01]

That is a very good point. No we werent cautioned.

 

In that case I'm almost certain that the Police have taken no action whatsoever. As hard as it may be, I would chalk this up to experience, attempt to draw a line under it and move on. There will be no record of the incident as far as the police are concerned, although your days of shopping at Tesco will probably be over.

 

Unfortunately nothing can be done about this as any retail premises is private property. They extend an invitation for people to come and shop in their stores. This invitation can be withdrawn at any time, and no reason is required for doing so. Theft or no theft.

 

Just watch out for the civil recovery letter that will inevitably arrive from Retail Loss Prevention Ltd, and when you get it, follow the advice given by dx100uk.

[Aicha]

In that case I'm almost certain that the Police have taken no action whatsoever. As hard as it may be, I would chalk this up to experience, attempt to draw a line under it and move on. There will be no record of the incident as far as the police are concerned, although your days of shopping at Tesco will probably be over.

 

Unfortunately nothing can be done about this as any retail premises is private property. They extend an invitation for people to come and shop in their stores. This invitation can be withdrawn at any time, and no reason is required for doing so. Theft or no theft.

 

Just watch out for the civil recovery letter that will inevitably arrive from Retail Loss Prevention Ltd, and when you get it, follow the advice given by dx100uk.

 

Ok thank you for your help. I was informed i could go to any other Tesco store except that one although after what has happened it has put me off them for life. Thanks for trying to help. Much appreciated.

[iain2212]

as a retail security officer it really irritates me to read stories like this where staff just go to far and over step their role.

 

Firstly you should not have been searched or any item of property been searched by any member of staff, the only person who possesses the power of search is a Police Officer not a security officer who has exactly the same powers as anyone else on the street. I have known some members of the public who have been searched by a security officer to claim assault which in theory it is.

 

Whilst yes I would have probably stopped and detained you regarding the stylus as it could be considered as theft I would have considered all factors such as the reasoning, which in this incident seems extremely plausible. who doesn't put a pen in a pocket?

 

Personally I think you have nothing to worry about and worst case the supermarket have lost two customers, their loss not yours

[dx100uk]

great post!

 

dx