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Asda store - my kids were accused of shoplifting when they had not ..

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As I mentioned in post 10 of this thread, if the police fail to take action, complain higher. The actions of people who should know better need to be dealt with.


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Each Asda store has an area manager, and I just wonder you might get more of a response from them, rather than head office, so basically

 

 

The store manager of that store, you would be contacting his/her manager

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well we have done a email to the chief of the police and the mrs is going to do one to the IPCC and see what goes then ..

 

we done asdas chief COE and was passed on to one woman so the mrs is doing a follow up to him and see what he does then

 

the next step if not an satisfactory answers from them is the news papers see then ..

 

the 101 handler tried to make out it was a civil matter

then i told him its not got thro to the cops and they tried to pass it off as a civil matter .

 

 

then she kept saying its ok for them to man handle children like that .

. as its there job to catch shop lifters .

 

 

. i said yes but my kids was not shoplifters

. they was innocent (cop ) but they didnt know that me if they did there job and checked the CCTV they would have seen my kids walking in to the shop with the stuff they didnt have to manhandle them .

 

 

so thats assault ( cop )

no its them doing there job

.. like talking to a wall

. just trying to grind you down .

well they wont .

. more they buck me about the more i want to push this ..

all we wanted was a sorry now i want blood ..

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Did you request the CCTV?

You're right in keeping at it.

If it happened to me i would do the same.

I have been stopped with stuff from other stores on the way out of supermarket, but I was politely approached and asked for a receipt.

Why didn't they do this?

Is it because they were children and automatically assumed they were stealing?

I tempt to think so...

Profiling is a dangerous practice in security and investigation jobs.

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a telephone complaint is not worth the paper it is written on.

 

You need to find out where is the local police station that has a CID section (as they must come from there)

and you put down a complaint in writing and deliver it

ask to see the station senior and hand it to them or hand it over as part of a complaint.

 

 

You can also go via the police commissioner ( that newish political role) or to the IPCC if you think that a complaint has been mishandeld, ignored etc.

 

From your questions about area managers it looks as though you have not written anything

so please confirm you have sent in a SAR for the CCTV and written a complaint directly to the CE of Asda.

 

 

If you havent then you have effectively done nothing.

 

 

Phone calls are worthless, you need a paper trail that you can show to others if the popel you write to dont deal with it effectively.

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hi all ..

we have asked asdas for the CCTV footage and all we had is passing the buck so i dont think we going to see that ..

 

as for the police they (just called me 10 mins ago ) are not interested as they are saying the security guards have the right to grab ppl and frogmarch them in to a room and hold them there.

 

 

we have contacted the chief of police and he had passed it down the chain to the pc who called

AGAIN saying asda staff have the right to do what they did ..

 

i said to her if i grabbed a copper and forced him in to a shop and said she said you taken some thing then tried to walk off .

i would be arrested !! yes!!

she just mumbled and butted so i said no i would be arrested for assault.

 

 

. then she tried to make out its not a police matter !!

what assault is not a police matter !!

 

 

REALLY are you having a laugh .

 

 

so the police are just dragging it out so we forget about it

.... ( my son went in to asdas to day for the 1st time since it happened ).

 

i need if any one can help me the law on assault and what rules do the police have to grab you .

. as the police are trying to make out the security guards are the police as they have the same rights

... im sure that is not right ..

 

we are contacting the IPCC and reporting this and doing another email to the chief of the S wales police to tell him what we are doing .

 

i just cant believe the cops are trying to make out the security guards are in the right ..

does any one know who train the asdas security staff ...

 

we have found a thing called SCONE ...

and on the SIA web site says they are not to touch ppl unless they try and run .

yet i dont know if SIA train asdas ...

 

the solicitor has contacted asdas head office so we be hearing from him soon .. thanks all .

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SCONE

Seen to select items from display

Conceal items

Observed throughout the events

No effort to make payment prior to

Exiting past the last possible point payment could be made.

............

I'd be seeking formal legal advice from a solicitor

 

I posted the above 7th January, post #2.

 

 

i need if any one can help me the law on assault and what rules do the police have to grab you .

. as the police are trying to make out the security guards are the police as they have the same rights

... im sure that is not right ..

 

It is right (in one way of considering it!).

Assault is creating the fear of the unlawful application of physical violence (in the same way common assault / battery is the unlawful application of that physical force), so for both : if it was lawful, it isn't assault.

 

Where the difference may come in is that what may be lawful for a police officer (acting on reasonable suspicion e.g.a report from a security guard) may not be lawful for the security guard.

 

So, security guard doesn't see theft, wrongfully applied force : unlawful.

Police officer gets told by security guard "they have stolen an item" when its not actually stolen, applies force that would be wrongful if done by a security guard, becomes lawful for the police officer if they had reasonable grounds to believe it to be true.

 

Mind you : your solicitor should be advising you on this .....

 

we have found a thing called SCONE ...

 

You've 'found SCONE' : that I highlighted on 7th January!.

 

the solicitor has contacted asdas head office so we be hearing from him soon .. thanks all .

 

I suggested a solicitor back on 7th January.

 

What's the odds they have found some reason not to action your request for the CCTV, and "its now been deleted, so not available"!

Did you REQUIRE the CCTV by means of a SAR?.

 

The problem is that if Asda think they can run rings around you, they might be tempted to try ....

I alluded to this in my post #18 (admittedly not addressed to you directly, but still advising on being sure you didn't appear to Asda that they could fob you off.)

 

No, it's not.

 

Making a mistake that makes it look like the OP doesn't know what they are talking about risks Asda thinking "we can fob him off"

 

Using the correct terminology makes it look like you know what you are doing and won't be fobbed off.

 

Similarly, confusing when things are civil only, crimes, or both might make it look like you don't know, or just make it up as you go along .....

(As does saying "same difference", when it clearly isn't...)

 

The OP needs to present an image of having researched things, and knowing the law (or having taken reliable legal advice), not making it up as they go along : ASDA will be more likely to take notice as a result.

 

Making "schoolboy errors" won't give that impression. It isn't "same difference".

 

Ahh well ..... its only advice (the solicitor, and mentioning SCONE), you don't have to take notice of it.

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hi when i said i found scone it was what you put ...the solicitor seams to be more interested in compo claim not the police part ...we went to the solicitor for the free half hour but was told we have to make an appointment so it was after you said all about it so we following your posts

i will be adding this to the email

 

It is right (in one way of considering it!).

Assault is creating the fear of the unlawful application of physical violence (in the same way common assault / battery is the unlawful application of that physical force), so for both : if it was lawful, it isn't assault.

 

Where the difference may come in is that what may be lawful for a police officer (acting on reasonable suspicion e.g.a report from a security guard) may not be lawful for the security guard.

 

So, security guard doesn't see theft, wrongfully applied force : unlawful.

Police officer gets told by security guard "they have stolen an item" when its not actually stolen, applies force that would be wrongful if done by a security guard, becomes lawful for the police officer if they had reasonable grounds to believe it to be true.

 

as the cop said tonight there is no asdas stuff being touched yet the CCTV shows my kids with the smiths toys which no one had looked at till the end of the whole farce ..

 

so no one seen my kids touch anything of asdas so all this was done with no evidence yet the cops still think it ok..

 

if they seen the footage then stopped my kids THE RIGHT WAY then none this would have happened

but they didnt so..

 

thanks for your help bazzaS

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we went to the solicitor for the free half hour but was told we have to make an appointment so it was after you said all about it so we following your posts

i will be adding this to the email

 

email to who? Asda or the solicitor??

I'm now confused as to if the solicitor is acting for you, and if so on which part(s)?

 

Did you REQUIRE the CCTV by means of a SAR?.

 

If so, when? and to whom?

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in the email to police .and the solicitor ....

 

the solicitor is doing a claim to asdas for my kids compo and for us to get an apology .he said he look in to the assault but not said any thing .we contacted asda for the CCTV few days after you said about it .as far as i know the police have a copy as they been looking at it .this time we asked the COE for it .. as the last time it was the head office staff .. is that who i ask ?

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in the email to police .and the solicitor ....

 

the solicitor is doing a claim to asdas for my kids compo and for us to get an apology .he said he look in to the assault but not said any thing .we contacted asda for the CCTV few days after you said about it .as far as i know the police have a copy as they been looking at it .this time we asked the COE for it .. as the last time it was the head office staff .. is that who i ask ?

 

"we contacted asda for the CCTV"

"we asked the COE for it"

"the last time it was the head office staff .. is that who i ask"

 

None of which are replies to

 

Did you REQUIRE the CCTV by means of a SARlink3.gif?.

If so, when? and to whom?

 

So, did you REQUIRE the CCTV by means of an SAR? If not, they might say : we received no SAR.

 

If you did SAR them, who did you send the SAR to??. When? What did your letter say? Did you enclose any fee?.

If you didn't send it to the right person, or didn't ask the right way, or didn't enclose the fee ... they might say "not a compliant SAR". (or 'compliant SAR but no fee'..........)

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As has been pointed out you need to send a SAR to Asdas Data Controller Officer to request copies of the footage/that it is retained as evidence. (our library contains a SAR)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

 

Irrespective you think the police have a copy you need to be pro active to ensure this CCTV is retained as evidence.


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iv no idea who asdas date office is i asked the COE for it and asked him to tell me how much it cost he said he put it on to his lower staff then they say ill chases it up and its been just like that so iv emailed him again ( COE asdas) and see what comes back .. i told him i want a copy so i guess they must keep it .. as it was just a few days after you said on here about it ..

 

to be honest the response from asdas .. cops . is disgusting just bull all the way ..

ill give him till middle next week then i go to the papers ..

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All you need to do is specifically address the SAR to "Data Controller Officer Asda" you don't need a specific persons name as long as it's addressed to their Data Controller Office for Asda that's all you need and make sure you get proof of posting and keep a copy for your records..

 

Now do that and specifically address it to the Data Controller Officer of asda and send it to the CEO of Asda (gave you the details in post#5)


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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sar is £10 regardless


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Posts 21 and 23 (from 9th/10th Jan) advised the OP to SAR and state who to send it to and the £10 fee. The clickable SAR link offers advice on creating a valid SAR.

 

Incident on 18th December?.

Still put in the SAR now to get whatever data they still have, but expect to hear "CCTV was deleted prior to a valid SAR being received"

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Address for getting the data.

 

Data Protection Officer,

Legal Department,

ASDA Stores Limited,

ASDA House,

Great Wilson Street,

Southbank,

Leeds, LS11 5AD

 

with a £10 cheque or postal order payable to ASDA Stores Limited:

 

You need to do this ASAP as the chances are the DVD will get written over sooner rather than later.

I would suggest that when you write, demand they contact the store in question to ensure any data is not 'lost'

Send by signed for delivery and enclose a copy of your driving licence or passport to confirm identity.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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emails end up in a spam folder or get passed down the chain to the cleaner.

 

 

If you want someone to take any notice you write a letter and ask for a response in writing.

 

 

Big organisations dislike it as it makes the matter less deniable if you can wave a bit of paper at the local news editor

wheras a picture of somone going through their spam folder on a laptop doesnt have the same newsworthiness.

 

It is not COE, it is CEO which is short for Chief Executive Officer his address is searchable and has to be public in law

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UK

 

 

Mr Sean Clarke Chief Executive

 

Email sean.clarke@asda.co.uk

 

Telephone 0113 243 5435

Switchboard 0113 243 5435

Fax 0113 241 8666

Website http://www.asda.co.uk

Social Media T F Y G P

 

Postal Address Asda House, South Bank, Great Wilson Street, Leeds, LS11 5ADM

Company Number 01396513C


:mad2::-x:jaw::sad:

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UK

 

 

Mr Sean Clarke Chief Executive

 

Email sean.clarke@asda.co.uk

 

Telephone 0113 243 5435

Switchboard 0113 243 5435

Fax 0113 241 8666

Website http://www.asda.co.uk

Social Media T F Y G P

 

Postal Address Asda House, South Bank, Great Wilson Street, Leeds, LS11 5ADM

Company Number 01396513C

 

The OP already has most of these details & had been in contact with the CEO (being passed to someone in their office)

 

Bearing in mind:

emails end up in a spam folder or get passed down the chain to the cleaner.

 

If you want someone to take any notice you write a letter and ask for a response in writing.

 

The OP needs to focus for now on the SAR, by writing to the Data Controller, not writing to the CEO or using anything other than writing!.

 

So, I'm unsure how your response helps, and it might "muddy the waters"!

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