DWF llp demanding security costs after Tesco scan and shop mistakes help please!

[Oak40]

Hi we were recently accused of theft by shoplifting in a Tesco store in Scotland after we had forgotten to scan six items totalling approximately £14 we offered to pay the difference as we are not dishonest people, we were told they would need to get security which we thought nothing of as we are not thieves. Then we had to go to some dingy room while the police were called, and then we were arrested, put in cells for three hours, never questioned and released with a warning which we did not see the point in fighting as after a year it will be gone and we never intended to take anything in the first place.
Today we both received letters from dwf demanding £125 each in security costs! £250 seems like a ludicrous amount after £14 of items that we did not even try to take, (as I understand it unless you are beyond the tills and/or outside the shop you can't be charged with shoplifting anyway).
What should we do? We were both concerned about our diabetic son who is rebelling against doing his injections etc which keep him alive, and in retrospect should not of done scan as you shop as we were too busy discussing what to do about him to pay attention. This is the first time we have had issues with the police and were already freaked out before this, what should we do?
Sorry for the long post wanting to put as much info in as possible, thanks

[des8]

Re: DWF llp demanding security costs after Tesco scan and shop mistakes help please!

Hi and welcome
Join a long list of people having issues with Tesco and their heavy handed approach to customers.

If the store can show good reason you can be charged with theft even if you are still in the body of the store. It always depends on the circumstances.

Regarding DWF's speculative demands, just ignore them.
DWF, as a law firm, must know they are thin ice.
The last attempt any of these so called Civil Recovery Firms to make a recovery in the courts ended in dismal failure from their point of view.
They pretend to have some sort of legal justification for making these demands, and pressurise people into paying.
They will send you a series of letters.
All you do is to ignore them.
They may even write in large scary red letters.... ignore them

[Oak40]

Re: DWF llp demanding security costs after Tesco scan and shop mistakes help please!

Thank you Des8, we were never questioned by the manager or the police, the police looked bored the whole time and after what seemed like an eternity in cells we were just let out and given a warning notice that could be fought but there doesn't really seem to be any point in doing so and if we did would just drag this out longer.
I thought that the letter was just an attempt at scaring us into paying a ridiculous amount, they couldn't even spell my name correct so I knew that they had not been told it by the police.
I am glad that it was us who were accused instead of someone who would just panic and pay £250 for nothing.
Thanks again

[des8]

Re: DWF llp demanding security costs after Tesco scan and shop mistakes help please!

I think an RPW lasts two years (not one) https://www.askthe.scottish.police.uk/content/Q927.htm

[Oak40]

Re: DWF llp demanding security costs after Tesco scan and shop mistakes help please!

You're probably right, it's not something I will do again anyway (I mean using scan as you shop not stealing as that was never the intention plus Tesco has lost a former loyal customer), the shop was for over £100 as we were buying clothes for the kids sports activities so if we were going to not scan items we would of chosen higher values.
I am so annoyed about all of this and feel like fighting the whole thing but think that will just be too long winded and costly for little gain.

[des8]

Re: DWF llp demanding security costs after Tesco scan and shop mistakes help please!

You have the sympathy of everyone on this site.
We have so often seen people being taken to task for overlooking items, for items put in bags by very young children while parent not looking etc etc
Obviously we do not condone shoplifting, but to think someone who has just spent tens of pounds is going to risk all for the sake of £2.50 is unbelievable, but it happened recently.

And I loathe with a passion these so called civil recovery firms who set themselves up as some form of alternative justice system.
They are little better than vigilantes and their preying on innocent and often vulnerable people needs stopping.

[Kati]

Re: DWF llp demanding security costs after Tesco scan and shop mistakes help please!

You have the sympathy of everyone on this site.

AGREED!!

[pt2537]

Re: DWF llp demanding security costs after Tesco scan and shop mistakes help please!

You're probably right, it's not something I will do again anyway (I mean using scan as you shop not stealing as that was never the intention plus Tesco has lost a former loyal customer), the shop was for over £100 as we were buying clothes for the kids sports activities so if we were going to not scan items we would of chosen higher values.
I am so annoyed about all of this and feel like fighting the whole thing but think that will just be too long winded and costly for little gain.

And therein lies your first error,

In law, to be guilty of theft there must be intent to deprive ownership, there must also be dishonesty, i dont think you could reasonably argue that theft has been committed.

Id tell them to do one personally, if it were me, but then im a miserable old git