wrongfully apprehended

[catwoman17]

Hello everyone - I'm new Legal Beagle and looking forward to listening and contributing to your legal debates. Wonder if any of you you have advice on the following. Shopping in Iceland with only 5 minutes to spare before my parking ticket ran out, grabbed a bag from the car and bought three items. Harangued by security guard while AT THE TIll paying for the items because I hadn't used a wire basket. Asked him why and he replied because, That's how theft happens. He was clearly ignorant of the law. Told him to stop harassing me or call the police if he thought I was shoplifter. Continued to shout at me in front of customers and staff, chased me out of store shouting I was banned. I turned round and asked what the problem was as I had 3 items and had paid for them. Continued to shout and follow me out to car and took my registration no. Got in car a gibbering wreck.
Iceland have sent me £15 but this is pathetic apology. Is causing alarm or distress when I am going about my daily life unhindered not harassment and a public order offence?
Advice most welcome - thanks!

[Sapphire]

Re: wrongfully apprehended

Hi Catwoman and welcome, sorry to hear of your trouble, but I would have thought that you should have used a basket, but that doesn't excuse the security guards terrible behaviour, sadly I can't advise you regarding the legalities of this but woman to woman I would say that a swift kick in the gonads would be in order.
Someone will pop along with more advice too, but I wanted to welcome you.

[enquirer]

Re: wrongfully apprehended

Is causing alarm or distress when I am going about my daily life unhindered not harassment and a public order offence?

Did you at any time fear that he was about to apply unlawful force to your person? If so, he is guilty of assault.

That said, if you gave the same account of the incident when you wrote to Iceland, and they apologised in writing (and made a payment of £15 in recognition), I would be inclined to leave it there. The chances of successfully taking it further don't really merit the effort.

Keep both letters on file (photocopy the voucher as well if no reference is made to it in their letter), just in case the security guard tries something in the future. If he does, then you can cream them.

[bluebottle]

Re: wrongfully apprehended

If the security guard is licensed by the Security Industry Authority (SIA), his behaviour should be reported to them. Making false allegations against members of the public is something for which the SIA can revoke their licence. That would mean he would never be allowed to work in the security industry again. However, if he is employed directly by Iceland, it is likely he does not require an SIA licence, but, nevertheless, Iceland have a duty to ensure you, as a member of the public, are not exposed to this sort of behaviour by their employees.

His conduct at the time was, IMO, sufficient to warrant action being taken for Causing Intentional Alarm, Distress or Harassment (Public Order Act 1986), a Breach of the Peace (Common Law) at the very least.

[PlanB]

Re: wrongfully apprehended

Shopping in Iceland with only 5 minutes to spare before my parking ticket ran out, grabbed a bag from the car and bought three items. Harangued by security guard while AT THE TIll paying for the items because I hadn't used a wire basket. Asked him why and he replied because, That's how theft happens.

Iceland have sent me £15 but this is pathetic apology.

That's why Mothers don't go to Iceland :fear:

If you think £15 compensation isn't enough then tell them that because they've already admitted they got it wrong so all that's left now is to decide how much you think it would cost to heal the wound. I'd need two tickets on the Eurostar to Paris to placate me. Why not ask then for £200 and see what they come back with

[bluebottle]

Re: wrongfully apprehended

That's why Mothers don't go to Iceland :fear:

If you think £15 compensation isn't enough then tell them that because they've already admitted they got it wrong so all that's left now is to decide how much you think it would cost to heal the wound. I'd need two tickets on the Eurostar to Paris to placate me. Why not ask then for £200 and see what they come back with

£200 seems realistic and reasonable compensation from Iceland in view of what happened. As for Atilla the Hun, if he is employed by a contractor, Iceland need to ensure he does not work on their premises again or, alternatively, provide you with his SIA licence number and name to enable a report to be made to the SIA. If he is an Iceland employee, unless Iceland have already done so, perhaps, their senior management need to be reminded that they and the company are 100% vicariously-liable for the actions of their employees and that includes the sort of behaviour displayed by Atilla.

[PlanB]

Re: wrongfully apprehended

As for Atilla the Hun, if he is employed by a contractor, Iceland need to ensure he does not work on their premises again or, alternatively, provide you with his SIA licence number and name to enable a report to be made to the SIA. If he is an Iceland employee, unless Iceland have already done so, perhaps, their senior management need to be reminded that they and the company are 100% vicariously-liable for the actions of their employees and that includes the sort of behaviour displayed by Atilla.

Which was hopefully captured on CCTV in both the store and the car park if his boss needs enlightening

[catwoman17]

Re: wrongfully apprehended

Thanks, Sapphy and good of you to welcome me with sound advice! Know you weren't serious but felt it important not to swear or lash out or retaliate in any way and keep the moral highground. Anyway, am making a stand by returning their measly £15 and simply not shopping in their poxy supermarket. The Iceland staff are lovely and chatty but this was a new kid on the block with a (frozen -ha ha) chip on his shoulder. Nice to meet you and thanks again, LBPUP

[catwoman17]

Re: wrongfully apprehended

Thanks Scottie Dog - my cry for help was a brief description of events (to spare you all) and the fully Monty was sent to Malcolm Walker, their CEO, who passed it down to an underling, who failed to address the points and merely wished me a more pleasurable experience next time. Your suggestion to leave it there is sound but I can honestly say I did feel threatened as he chased me out of the store. It's an unpleasant area of Eastbourne and you often have to dodge the Special Brew mob hurling abuse at each other to get it, so you're on your guard anway. People asking for the time when you're about to get into your car, change for a fiver, need a taxi but battery dead on mobile phone. Ironic when I'm warm of being on the receiving end of crime, branded a criminal. Will let you know if there's a further result. The least I can expect fromr CEO is a reasoned reply to my letter, not a fob off. Thanks again.

[catwoman17]

Re: wrongfully apprehended

Thank you so much - this is a very useful angle. I did not received a reasoned reply to my detailed complaint to Iceland CEO Malcolm Walker but a 'have a nice day next time' letter with the £15 voucher. It did mention, however, that the security firm - Advance - was sub-contracted, so maybe I should contact them, too, with a non-emotive account of events. I'll let you know how I get on but meanwhile nice to meet you and thanks again.

[catwoman17]

Re: wrongfully apprehended

Ha ha Plan B! - what a nice lot you are! I've had some terrific advice already. You don't know me but I assure you I'm neither a greedy nor litigious person and wd make just as much a fuss if this happened to someone else. £15 (when they said it was £20) is pathetic and hardly worth my time as a freelance journalist having written a detailed complaint to the CEO, Malcolm Walker, as the reply to wish me a more pleasurable experience next time came simply from Paul in customer services.
I agree it's definitely worth replying to the non-reply incorporating crucial advice stating legal chapter and verse that's been given by other forum members.
How about £200 for trip to Paris + kennel fees for my beagle? Will let you know what transpires.

[catwoman17]

Re: wrongfully apprehended

Thank you - all your helpful advice is adding up to at least a letter stating the case, the facts and the possible harassment issues.
Also the questions you rightly raised about the suitability/vetting procedure of the security guard. All iceland staff normally so nice and friendly and on first-name terms whenever I pop in for a can of mushy peas, a bag of Aunt Bessie's oven chips and prawns for my cats to justify the £1 car-parking fee. Never met Atilla before - wasn't in a smart shirt or unifom, just a shabby suit. Will let everyone know who's been kind enough to advice me. Thanks again. Beagle Pup

[PlanB]

Re: wrongfully apprehended

is pathetic and hardly worth my time as a freelance journalist having written a detailed complaint to the CEOr

If you're a journalist (as I am) your most effective remedy would be a call to Iceland's Press Office asking for a quote to include in your story for the local newspaper hone:

That should do the trick :wink:

[catwoman17]

Re: wrongfully apprehended

A cunning idea, thanks, PB! To be honest, am only just beginning to think straight again after paranoid dreams and waking up in tears. Never stolen so much as a jelly baby in my life and get crotchety when I see people helping themselves to grapes and snapping the stalks of broccoli in supermarkets. Okay, may have had the occasion grape, but you don't want a sour one, do you? :2w32gd1:- only using this Smiley as they seem to have been left on the shelf and it IS still blookin' cold.

[bluebottle]

Re: wrongfully apprehended

The main thing is to obtain Atilla's name and SIA licence number and report this to the SIA. He should not be working in the security industry if he behaves in the manner he did in your case. You will need to pursue it with his employers first, before referring to the SIA. I would also report the incident to the police and obtain an Incident Log Number. You never know, they may have received other complaints about Atilla.