Accused of shoplifting in M&S

[Crystal Maze]

Thanks for the responses. Just to clarify that the e mail from M&S head office has already stated that it may not be possible to check all the transactions as the system may not go back that far. I have asked why my previous letters were ignored and why the checks were not made at the time as requested by myself and also complained about the handling of the incident by the security gueard and the female shop walker (for want of another word). If they can't prove the purchase from the information supplied by myself I imagine this boiks down to their word against mine. If they ever actually admit that they were wrong to stop me then that will be a completely different matter but I can't see that they would do that so not holding my breath on that one. In any event I will keep posting with the responses and thanks for the ressurances and advice so far!

[Crystal Maze]

I have now had a response from M&S saying that if I can provide bank statements they will look to review the trespass notice (I've told them not to bother) As all that shows on a bank statement is how much the payment was and who it was paid to I am completely at a loss to understand how this will prove purchase of any particular item. Any ideas? I have said that is this is what is required I will on this ocassion supply copies but obviously with all other transactions blocked out. Seems to be getting a bit odd to be honest.

[des8]

M&S are entitled to ban anyone from their premises without reason (as is any owner of private property).
The threat of trespass is an idle threat, because if you did enter one of their stores all they could do would be to ask you to leave.
They could only bring any charge against you if you damaged their property or stole something.
In the latter case the charge could be one of burglary, as opposed to theft.

But the reasoning behind banning someone who has done nothing is stupid, and why should you have to prove innocence?
In the UK, despite the opinion of vigilante stores and security goons, there is a presumption of innocence and it is for the claimant to prove guilt

[Crystal Maze]

Yes, my thinking exactly. Still struggling to understand how my bank statement is going to prove anything but I'll see what he comes back with. Unless it's to see how much I used to spend (a lot!) I did wonder if this is a climbdown on their part without actually admitting that their goon (as you so correctly called him) has mucked up big time. I suppose if they admit that then they will be leaving themselves wide open. In addition he has said that he can't (won't I would imagine) stop the civil recovery without proof of purchase. Dream on with that one.

[des8]

In addition he has said that he can't (won't I would imagine) stop the civil recovery without proof of purchase. Dream on with that one.

[Crystal Maze]

Ok, here is the update. I responded to M&S with a strongly worded letter asking for THEIR proof to substantiate their claim that I had unpaid for goods on my person when I was apprehended by their goon (sorry, security guard!). I also complained strongly about the manner of being detained and asked why a proper check on the 'suspect' garment was not made at the time. I also pointed out that under UK law a person is innocent until proved guilty and that it is not an offence to return goods without a receipt etc. etc.

Today I have just received an e mail confirming that the civil recovery procedure has been stopped and that whilst they appreciate that I never wish to shop in M&S again, the trespass notice has been cancelled and they hope that I will resume shopping with them in the future. They also hope that I am pleased with the outcome.

I have responded with the reply that I am relieved with the outcome but also suggested that futher staff training may well be called for. To be honest I am just so relieved that this is over and so glad that I persevered instead of giving up.

All that remains now is for me to say a huge thank you to everyone on here who gave such great advice and reassurance and basically gave me the boost I needed to fight back and clear my name. Cheers to all of you!

[ostell]

Well done. You must have reached someone with a modicum of common sense! Now into the store and see if the goon stops you again (if he is still there).

[des8]

Well done for pushing them hard
Thanks for the update

[Crystal Maze]

After sending my thank you e mail I sent another one asking if at some point I could have my top back as I am currently £29.50 out of pocket. Got se excited by the outcome I forgot about that! No reply yet but will update if I get one.