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civil recovery confusion

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  • civil recovery confusion

    Ok the other day i went into Sainsburys , i purchased some meat some steak at a total of £16 and some veggies then proceeded to the self service till . Ive been suffering from bpv again and whilst walking round the store felt the dizziness getting worse ( its sort of like a brain fog with me like im not really there ) .Anyway i forgot to scan the meat which was at the bottom of my trolley i just completely forgot about it cant explain why i just did , add to the fact the first till i used played up and resulted in me having to use another . Anyway away i go off and outside the store , and out comes the security guard with the id like you to come back in the store sir routine .

    I looked down and there in the trolley is the meat all £16 of pure rib eyed steak 4 of juicy and just waiting to be eaten , problem is i havent paid for them have i ? My heart skips a beat . Sorry i say realising almost right away the pointless gesture it is . Yeah Yeah the guard sneers come with me . So i follow protesting my innocence and looking all the more guilty . Then im in the office , the guard says we are calling the F ing Police and then invites me to watch a video of my oversight . I followed you all round the store he says you looked suspicious from the start he says . I tell him i object to his swearing and he squares upto me , im sitting in a seat with wheels on , i once again tell him not to tell me to shut up and to cease his swearing . Get out of my space he says and shoves me the chair rolls back and i bang my head on a steel and glass cabinet . At that moment the manager enters and tells me to calm down , though in pain from my head blow i suggest that the security guard is the person who is excited and not me she then tells him to calm down .

    I am then kept for 3 hours until the police arrive , i tell the police of the matter and they ask if want to claim assault . Fearing this may delay my release i reject the chance . I am then questioned by the police who tell me that it doesnt look good and that a magistrate would not beleive me . I explain that i am more than happy to pay for the goods and have been all along . The officer goes away and then returns and says although he doesnt believe me i am free to go if a pay for the meat , i say i am happy to do so and i complete the transaction downstairs in the shop i am handed a banning order for life from all stores of sainsburys but not cautioned by the police in anyway or handed any notice of civil recovery intended litigation against me .

    Am i right in thinking here that the matter is now closed as the store allowed me to pay for the item and thus are admitting that mine was but a human error free of malicious intent or theft ?

    Or will i now receive a letter of civil recovery ?


    One topic that is hard to find on the net is what happens if one just consistently ignores the court orders regardless, surely the only thing a civil court can do is instruct bailiffs to recover the debt , and without assets that path is extremely limited is it not ?
    Last edited by cocoashunter; 18th April 2010, 22:57:PM.

  • #2
    Re: civil recovery confusion

    A very good morning to you and all

    This is typical of Supermarkets. Their security staff are about as much use as headlights on a Camel!

    Let us look at the Law:

    What offence have you committed: Theft of Meat?

    Answer : No - reason : customer still on Sainsbury's premises and offered to pay for goods from Store. Theft incomplete.

    What crime(s) has/have been committed : Theft?

    Answer : No - reason, no arrest by Police. DID YOU GET THE WARRANT NUMBER OF THE POLICE OFFICER - IF NOT YOU CAN GET IT FROM THEIR FORCE CONTROL ROOM, BECAUSE IF THEY WERE CALLED BY THE STORE ON THAT DAY, THEN A 'SERIAL' (NUMBER) WILL HAVE BEEN ALLOCATED TO THE CALL. [YOU WILL NEED THIS INFORMATION for pssible Legal action against the Store.]
    I also recommend being medically examined in regards to the Head injury, you must protect your position, and obtain a report from your GP.

    Also: Recent case Law has decreed that if the value of goods taken by shoplifting is below £200 cases will not be prosecuted in Court by the CPS, and the resulting penalty is restricted to a fixed penalty notice.

    What recovery action could Sainsbury's take:

    Answer : None - reason : Meat paid for.
    Retailer Rights and Shoplifting

    If a retailer lays a hand on a shoplifter in order to apprehend him, the retailer can and should be charged with assault. There are laws in place that allow retailers to apprehend a suspect, but they have to be adhered to very strictly. The retailer must be able to be 100% certain on all of the above points before they decide to apprehend a shoplifter. They should follow the set of principles below to keep yourself on the right side of not only retailer rights, but also consumer rights.

    They must:
    • Always approach the suspect outside of the shop and if possible, do so with another staff member.
    • Identify themselves as a staff member and politely inform the suspected offender that they know they have stolen and they’d like them to return to the shop with them.
    • Not use force to detain a suspect, it isn’t worth it as they may be the one who will end up in court.
    • Not hold the suspect in handcuffs or make them stay in a confined area.
    • Call the police as soon as they can

    Law dictates that a Penalty Notices for Disorder, also referred to as a penalty notice, is one form of retribution that a first time offender can receive. It is a fixed-fee penalty which can vary between £50-80. If you do not pay the fine then you can be taken to court for non-payment.

    You can be asked by the particular retail establishment you have shoplifted from to sign a document where you agree that you will not enter the retail establishment for a certain period of time.

    A general banning notice is a breach of your Human Rights, as the store has accepted payment, the Police are not prosecuting, there is no Criminal record, or any other record (apart from the Store's own record). there is no offence. [Apart from the violent assault you suffered, whilst in the store.]

    You would therefore be perfectly within your rights to challenge the banning order - ESPECIALLY as you are suffering from illness/disability.

    Finally and I cannot stress this enough - You must consider an action for assault against the Security guard and the Store (The Store are vicariously liable for the actions of the Secuity Guard they employ.)

    Hope this helps

    Dougal

    Comment


    • #3
      Re: civil recovery confusion

      I was in our local Sainsbury on Sunday when two security guards went rushing out almost knocking me over and bought back into the store a man and was frog marching him to the back of the store. I guess this will be another case of RLP. The man had a newspaper under his arm and a carrier bag of shopping?

      Comment


      • #4
        Re: civil recovery confusion

        Originally posted by TUTTSI View Post
        I was in our local Sainsbury on Sunday when two security guards went rushing out almost knocking me over
        Oh, what bad luck.

        You might have had quite a profitable claim there.

        Comment


        • #5
          Re: civil recovery confusion

          I have already sued Sainsbury once for the damage to my leg causing injury from one of their wire baskets. They have in that store now replaced them with plastic baskets. So I would not hesitate to sue if they had of knocked me over whilst my arm was still in a sling they could have done a lot of damage.

          You are so encouragable CC.


          Originally posted by CleverClogs View Post
          Oh, what bad luck.

          You might have had quite a profitable claim there.

          Comment

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