Shoplifting

[Scared mum]

My son has just confessed that he was caught shoplifting at a Superdrug store he also confessed that he did this a month ago but was not stopped.The security guard said that they had been watching him.He gave all his details and was told that he would receive a letter banning him from the store and a fine.Does this mean that they have the 2 thefts recorded ? If he pays one fine will he get another retrospective fine.I'm sure you've heard this before but he has learned his lesson and hasn't slept all weekend

[jaguarsuk]

My son has just confessed that he was caught shoplifting at a Superdrug store he also confessed that he did this a month ago but was not stopped.The security guard said that they had been watching him.He gave all his details and was told that he would receive a letter banning him from the store and a fine.Does this mean that they have the 2 thefts recorded ? If he pays one fine will he get another retrospective fine.I'm sure you've heard this before but he has learned his lesson and hasn't slept all weekend

Firstly they don't have the power to fine your son, only a court does and therefore you shouldn't pay anything that is sent. It will probably come from a company called RLP who speculatively write implying it's a fine to scare people into paying what is little more than an invoice.

[Scared mum]

Thanks I've just read your forums on this company. I thought Superdrug would issue the fine.Regards the other theft that he wasn't stopped for should he expect to hear about that? I'm reluctant to say or has he got away with it as I clearly don't condone his actions.He is suffering fro the shame of it as he hasn't been brought up like this and certainly hasn't got away scott free.

[ostell]

Superdrug have no authority whatsoever to issue fines, only the courts can do that and this hasn't been to court and is very unlikely to do so and not a criminal court.

Ignore

[des8]

Hi and welcome.
If Superdrug didn't mention the first incident, it is most unlikely to be brought up now.

Do tell your son to stop stressing out.
Although as a parent I understand your concerns, don't be too hard on him.
It wasn't the crime of the century.
Good that you are supporting him.

Perhaps show him some of the threads on here?

[brass]

Did he have a "intention to permanently deprive" or was he just messing about? I have had this defence used on me before. A lot of crims use this as well. Criminal law has to be proven "beyond reasonable doubt", whereas civil law is "on the balance of probability"

[Scared mum]

He wasn't messing about as did it before stupid mistake. Another think he said was that they'd share his image with other companies in their security group.What if he's done it somewhere else and not been caught but suspected? will they have kept his image?He says he hasn't and I want to believe him but he's like a rabbit in the headlights and I don't want to heap more stress on him as I've told him that it's a lesson learned and we'll put it behind us.I just want to know what to expect. (I may be over thinking as am still in shock)

[brass]

They cannot keep his images/ I suggest doing a subject access request under the current GDPR to find out what images they hold and which companies / individuals they have sent the images to and make a formal request that these are deleted for his personal protection. His human rights might have been infringed. They will say something like the data is kept for the detection and prevention of crime, but a crime has not been proven.

[jaguarsuk]

He wasn't messing about as did it before stupid mistake. Another think he said was that they'd share his image with other companies in their security group.What if he's done it somewhere else and not been caught but suspected? will they have kept his image?He says he hasn't and I want to believe him but he's like a rabbit in the headlights and I don't want to heap more stress on him as I've told him that it's a lesson learned and we'll put it behind us.I just want to know what to expect. (I may be over thinking as am still in shock)

Without him agreeing to it they should not share his image, to agree he would have to sign something and being under the age of 18 he can't legally consent on his own as he's not old enough.

If they have shared his data (his image) you could actually look at legal proceedings against them under the Data Protection Act 2018.

[Scared mum]

Hello again thanks jaguarsuk - my son is 18(just).I contacted just answer.co.uk not because I doubt your opinion but as your post says that you offer opinions based on opinions without legal training - no offence intended.They recommended that I pay the "fine".? I don't want debt collectors calling at our house as I may not be in and it could upset my elderly mother who lives with us.I read a post in the forum from 2017 when this happened. I don't want to pay the fine as a matter of principal but part of me thinks it would be worth it to end the matter promptly.I can't find any posts that say there was no comeback but assume people don't post later as they just want to forget about it

[des8]

could you post up the response from justanswer ... love to see exactly what they said!

as for debt collectors doing house calls over this, I have never heard of it happening.
RLP pay their debt collectors a flat fee, hoping a letter written in large scary red type from a DCA will work where their letters haven't.
The monet doesn't cover the cost of a visit!
perhaps you can give us a link to that post about a DCA visit, as I can't recall it.

In the meantime I would point out that there are no posts on this forum saying "thanks for the crap advice, RLP took me to court"

[Scared mum]

Hi I'll try to find the old post re debt collecters.The girl thought they were baiiffs.I copied the message from just answer which I feel is advising me to pay *The RLP letter is effectively a Demand for Payment, Superdrug must Issue proceeds to lawfully purse you formally by Court Bailiffs etc and in my experience it is unlikely (but not impossible) that the matter will be pursued to a Civil Court.

Only Superdrug can issue proceedings against you (or their Solicitors ) not debt Collectors.

You must of course pay any Court Issued Fines (if any).

Finally, if you don't pay Superdrug could theoretically still report you to the Police....Superdrug could Report to the Police, (and nobody can Guarantee otherwise as there is always a small chance they may).However, the Police may not take the matter on and prosecute because they may argue that the Store should have reported the matter at the time. Much will depend on the SuperDrug's Policy and the passage of time.

It is a matter for you if you want to take the risk..

[des8]

So whilst justanswer are correct on what CAN be done, in practice it is not known for any of that to actually happen.

THEORETICALLY Superdrug can report to police and IF that happens police MAY prosecute.
That is so unlikely it is not worth giving it consideration
they also admit the remoteness of Superdrug initiating a court claim.

i note tho' they add to the problems by mentioning bailiffs (the correct title is "enforcement officer" so how good is justanswer?)
Also they will not be involved unless a claim is issued, the defendant loses and then fails to pay the judgement.
It seems to me that justanswer might employ RLP stooges to add to the pressure

Just ignore the b*****s.

[ostell]

If the are talking about fines and bailiffs then they are talking out of that other orifice. In any case there has been a name change: bailiffs are no more, it is enforcement officers.

The RLP letter may well be a demand for payment but what authority have they to make that demand? Ignore is still the best advice.

Edit: having seen Des8's post it could be that RLP provided the script that justanswer are using.
Have been on the justanswer site. What what was the cost of that advice and what qualifications did your contact have? Are they answering legal questions and charging without being registered to do so? Looking further into the site it is offering an income to people if they sign up to answer the questions. It also appears to be a US based business so perhaps a little vague on UK requirements.

[Scared mum]

Tnis was a reply to soneone with a smiliar query.....last question , does he need to see lawyer while he waiting a letter from RLP ?



Verified barrister

There's nothing to be gained by doing that.



Just pay the fine.