Caught shoplifting- RLP Letter to parents - help

[curado]

Hello

 

I have been caught shoplifting in Primark around a month ago.

 

i have received a letter a few weeks ago and

one in the past few days from RLP,

 

the recent one saying how they may contact my parents from now on

as they don't know if i am able to understand the implications of these letters (as i am under 18).

 

Will RLP actually contact my parents?

 

I was caught shoplifting with a friend, who is over 18,

and my friend's letter doesn't include anything about parents or such.

 

People have said not to pay so I don't think I will pay,

but what could happen if I don't?

 

I am very worried

 

Thanks

[rebel11]

Hi curado

 

Welcome to CAG

 

The guys will advise as soon as they are available. RLP will threaten and bully and try all sorts of things. You or your parents shouldn't pay, as what they have sent you is a speculative invoice. How old are you? If you can summarize what actually happened it would be helpful.

[renegadeimp]

Rlp will lie and say anything to get you to pay whatever they claim.. ignore them and do not pay a pennt. They have absoluetly no right or basis to ask for money.

[Grotesque]

I think s/he's more concerned about RLP contacting his parents and the possible consequences of that.

[renegadeimp]

They cant contact his parents. They have no reason to at all. To do so would border on malice and possible blackmail.

 

However i cant recall a single report of RLP contacting the parents.

 

They prefer to keep sending letters to the child and scaring the living crap out of them instead,

or they try and scare them even more by saying they will wait till the person is 18 before contacting them again.

 

Thats sadly how jackies mind works.

[Grotesque]

Then you should tell him that. Not me. Slán leat!

[renegadeimp]

I did. To both of you Sadly this is the sort of scenario jackie wants, as the person would get scared and confess to their parents, who in turn would pay whatever she demanded.

[Grotesque]

They could contact mine, but they'd need a ****ing big ouija board

 

Obviously they [[can't]] contact his parents: but tbh their work ethic does not encompass the word 'cannot.' Which, however, is what will string them up eventually, I guess.

[ericsbrother]

They would be breaking the law if they contacted your parents without your permission

and although they are devious and greedy, I do not believe that they would be that stupid

as they could possibly wreck their already dubious business with a possible £500,000 fine for doing so.

[Grotesque]

We could have a whip-round for Jackie.

 

Who'll count the lashes?

[curado]

Hi everybody

 

Thank you all for the help, it has been very reassuring.

 

The full story is that

 

a few months ago my friend and I have been caught shoplifting in a primark store,

as soon as we tried to leave the shop a security guard stopped us

and took us to the back room where

 

we returned all the stolen goods and gave them our name and address and told we'd be getting a fine.

 

I've gotten a few letters asking for a sum of money and telling me how I am liable for my actions,

but recently I have gotten a letter ADDRESSED TO MY PARENTS telling them about the situation and asking for the money.

 

On the same letter, however, it says how they can not contact my parents as it is in breach of the DPA 1998.

 

Can somebody suggest what to do?

 

Also, all of my letters have mentioned a joint liability where me and my friend can pay the amount of money together,

however none of my friend's letters have mentioned this.

 

Any further help would be appreciated

 

Thank you

Curado

Edited April 11, 2014 by curado

[silverfox1961]

Hi

 

Can you clarify this for me.

 

Have they sent a letter addressed as 'To the parent/guardian of curado'

 

OR

 

Mr & Mrs (curados parents)?

 

While you may not want to do this and I will understand if you don't but I would like to see a copy of this letter. DO NOT post it on the forum but contact me or any other member of the site team. We are bound by the DPA and would not give out your details.

 

I am also going to report this to the site team to get comments.

[ericsbrother]

Firstly,

dont worry about the contents of the letter as it is all utter cobblers as joint liability doesnt exist in this kind of civil law

(they are either very stupid or deliberately lying in an attempt to try and get money out of you ).

 

In criminal law you can have joint enterprise or conspiracy but even the police are very wary of applying that

to anyone other than terrorists or murderers.

 

Secondly,

please do as silverfox requests as this is a very serious development by RLP

and has implications for them as not just a breach of the DPA

and your help may put an end to RLP's bad behaviour forever.

[curado]

thank you silverfox and ericsbrother.

And to answer your question, silverfox, the letter was addressed to "parent / guardian of (my name)"

now i understand that this joint liability thing is just a lie, thank you for the clarification.

 

I will contact you, silverfox.

Thank you very much

Curado

[silverfox1961]

I have now seen a copy of the letter and in my opinion it needs further investigation.

 

I have contacted Liberty (without identifying anyone-except me) for advise on the human rights aspect to this.

 

Article 8 of the HRA gives everyone-no matter what age a right to privacy and that includes communications. (obviously some exceptions)

 

Without going into too much detail, Jackie is saying that Curado is not of sufficient 'mental' capacity to fully understand the implications of their actions and using that as an excuse to contact her (I assume you are a 'she') parents.

 

To Curado. I take it your parents have now seen this letter? If so, please direct them to CAG so that they can see for themselves just what RLP are like and the real reasons why you or they should never part with a single penalty.

 

Shoplifting is never condoned on CAG but does two wrongs make a right? The security staff are already paid to do the job that RLP are claiming costs for. This cost is already paid by everyone who shops. This is a fact of life ever since stores became self selecting rather than assisted shopping.

[silverfox1961]

While never wanting to promote RLP or all of its dubious practices, I found this pdf during my searches.

 

http://www.lossprevention.co.uk/pdf/adviceU18.pdf

 

This is from 2010 and as far as I am aware, the law has not changed. Point 4 says lots.

 

edit for the world to see!

 

Why does RLP write to the juvenile and not their parents?

 

If RLP wrote to the parents it would be an infringement of the juvenile’s rights, (similar to

that of doctor/patient confidentiality). RLP advises the juvenile to discuss the matter with their parents or guardian who can assist in their best interests. (It is a fundamental principle of data protection that the Data Protection Act confers rights on the data subject i.e. the juvenile. Juveniles have the same rights as adults under Article 8 of the Human Rights Act to respect for private and family life and in relation to correspondence.

Disclosing sensitive personal data relating to a juvenile without consent or the grounds to do so would be a breach of their human rights, as well as their data protection rights.)

This needs to be balanced with the juvenile’s ability to understand their rights and

consideration of the best interests of the juvenile.

 

Where there is any doubt, or where parents are already aware of the incident, the client reporting the case for civil recovery will advise RLP who will write to the parents as well as the juvenile

[renegadeimp]

This might be the letter that shuts this company down for good.

[silverfox1961]

Curado, after taking more advice, I think you should send a copy of that letter to the Information Commissioner

 

http://ico.org.uk/concerns/handling/report_your_concern

 

Also, please report this to Trading Standards via Citizens Advice

 

http://www.adviceguide.org.uk/england.htm

 

I will be doing a bit more research and contacting others to find out more.

 

Please ensure your parents understand that they have absolutely no responsibility to pay this 'speculative invoice' and only a court can decide. RLP do not do court anyway as it would be Primark that has to take this action. This they do not do. Jackie loves to think she has more power than she actually have.

[curado]

Hi

 

Thank you silverfox, i will look into those links to pursue this. I hope RLP can get shut down! I think they are unfair.

 

I appreciate the help

Curado

[silverfox1961]

Having 'spoken' with Curado, here is a copy of the letter.

 

Comments would be most welcome.

 

[ATTACH=CONFIG]50404[/ATTACH][ATTACH=CONFIG]50405[/ATTACH]

[renegadeimp]

Oh dear oh dear oh dear.

 

Jackie. Youve probably just made the biggest mistake of your life.

 

That letter pretty much says " we know your child has basic human rights enshrined under european and international law, but we're going to completely ignore this law and breach them anyway".

 

I love how the silly woman is adamant theres a loss incurred when its impossible for one to have happened in this case.

 

Would I be correct in saying a decent solicitor would have a field day with this? She has finally overstepped the line.

[silverfox1961]

The thing is, this would gave gone by the in house brief (is it still Rachel Willets?) for approval and if so surely this could be raised with the SRA.

[renegadeimp]

As I said, shes finally overstepped the line this time. We need to get the appropriate authorities involved and Op really should consult a specialist solicitor.

[Mike_hawk]

I think I'd be asking the ICO for its guidance, the correspondence appears contrary to the 1st principle and SCH 2,3 of the DPA.

[silverfox1961]

A couple of questions.

 

At the time did security make you sign anything?

 

If yes, were you given sufficient time to read what they wanted you to sign?

 

Were you given a copy of any paperwork that you signed?

 

If yes, did that form contain anything about the Data Protection Act 1998?

 

This statement from the above RLP forrm

 

Where there is any doubt, or where parents are already aware of the incident, the client reporting the case for civil recovery will advise RLP who will write to the parents as well as the juvenile

 

Who made this decision? If Primark were not involved with the decision to contact the parents then RLP would not have sufficient information nor knowledge about the alleged offender.

 

So, Data protection breaches and breaches of the HRA just for starters.

 

RLP, a new low!