please help - accused of shoplifting from asda

[0403jo]

Please help, im new to this and need advice,

I was doing my weekly shop in asda with my 1 year old daughter,
shes teething v.bad and v.clingy, so find doing shopping v.stressful, so I had to keep getting her in and out of the trolly to give her a cuddle,

as im leaving the store, having paid for my shopping 2 young boys (one of them I recognised had been following me round the store) stopped me,
and asked if id purchased any cosmetics, I said no, I forgot that I had intended to buy a new mascara, but as my little girl is teething I gave it to her to chew, I didnt want to put in the trolly as when ive put make-up in, in the past its fallen through the trolly on the floor, anyway sometime during my shop I put it in my handbag, as she kept on throwing it on the floor I think I must have picked it up and held onto it and at some point put it into my handbag, (its the type of bag you wear like a paperbag)

Anyway they asked me to empty my bag, which I did and the mascara was there,
I explained that I had intended to buy it and that was I was distracted by my little girl and had made a mistake, so could I just pay for it,
but also I had a packet of vac freshners tucked under my shopping bag which he said id tried to hide,
but I hadnt as I didnt even know it was there,

I was taken to go into a room with 4 security guards, Iasked why I was being held there when tried to explain and answer their questions and explain that I hadnt done anything wrong,
I was called a liar, I asked for the police to be called, when they arrived they said they were happy for me to pay for the items and leave the store,
but the young jobsworth said he wanted me prosecuted, police wasnt having any of it, but he kept on persisting that he wanted to take it me to court. I had to sign a letter saying that im banned from all asda stores nationwide.

Now ive received a letter from Drydens asking for £150. Ive read all repots from CAB about unfair and inproper demands, so I surprised when they said, after I waited 4 hours, If I dont pay it, they will take me to court, so I agreed to let them speak to Drydens on my behalf, and they agreed I would pay £5 per month, is this right, can they do this, I havnt done anything wrong, even the police agreed. Do I have to pay Drydens£150, will I end up in county court if I dont pay????

Can anyone please advise me what will happen from here?.

I cant sleep im petrified.

[postggj]

Re: please help - accused of shoplifting from asda

Drydens

THEY ARE SOLICITORS

Are We Talking Retail Loss Prevention

[postggj]

Re: please help - accused of shoplifting from asda

Well they have not as far as am aware tested this in court, the ACS LAW tested it for speculative invoices for piracy of computer software and adult movies, and it when so bad for them that they closed up shop. I doubt they would have much luck in court, as you can simply get them state prof as to the costs/losses they incurred and that you had acted with intent to steal. The police clearly did not think you did and they were only present as you requested it, therefore they will likely be unsuccessful.

Clealry the advisor you saw had no idea of the CAB report or CABs veiws on such speculative invoicing and privatisation of the criminal justice system. Also the CAB advisor had no right to accept a repayment plan of £5 a month without asking you if you accepted it. So i would write to Drydens yourself, explain to them that you did not consent tot he CAB advisor accepting any repayment plan, nor do you have any desire to pay their speculative invoice. Inform them that no conviction or caution or fix penalty notice were issued as the incident was not the result of intent to commit offense, and also the police where only involved as a result of your own request that they be called. Inform them that you are well aware that their cut of the amount they are demaning is likely 40% of the total figure and that you will strict them to prove there cost/losses and strict them to prove that you acted with intent if they decide to goto court. Also inform them that as you are of the view that their invoice is nothing more than speculative invoicing and an attempt to privatise the criminal justice system, that you remind them of ACS LAW and what happened to them when they tried to take people to court.

[0403jo]

Re: please help - accused of shoplifting from asda

Hiya, thanks for your quick reply, will write a letter tonight and send them back the paying in book too. Does anyone know if Drydens has actualy taken anyone to county court, for retail recovery loss? Ive looked and cant find any info to say yeh or neigh! Its just that my OH is ready to go to asda and read them the riot act. Thanks again for your advice. Jo

[basa48]

Re: please help - accused of shoplifting from asda

Its just that my OH is ready to go to asda and read them the riot act.

I'd be tempted to let him, with the proviso he stops short of 'decking' them (or any other real abuse) !!!

[charitynjw]

Re: please help - accused of shoplifting from asda

http://www.bbc.co.uk/news/uk-england...herts-11837485
"The CAB report entitled "Uncivil Recovery", calls for an urgent review of the law and includes opinion from counsel that the law being relied on is questionable.
That claim has been contested by Retail Loss Prevention but the organisation told the BBC it had never successfully litigated a fully contested county court claim in respect of an unpaid demand.
The full report can be seen on Monday 29 November on BBC Inside Out in the East at 1930GMT or on bbc.co.uk/iplayer"

[charitynjw]

Re: please help - accused of shoplifting from asda

http://www.consumeractiongroup.co.uk...urnal-evidence

('scuse the link source, lol)

[Caspar]

Re: please help - accused of shoplifting from asda

Just so you know how common this is - you're not alone!

BBC - Watchdog: Possible flaws with civil laws...

[The Debt Star]

Re: please help - accused of shoplifting from asda

Never gave Richard Madely the option did they. He was innocent too imo and stitched up by the store big time.
Its easily done what happened to the OP especially when a parent is towing small kids around a store and has her mind on a million things to do all at once.

[Geneve]

Re: please help - accused of shoplifting from asda

I would demand to watch the CCCTV surely they will see how a child placed the mascara in the bag.

idiots.

[CleverClogs]

Re: please help - accused of shoplifting from asda

I think I must have picked it up and held onto it and at some point put it into my handbag, (its the type of bag you wear like a paperbag)

Like an ugly woman wears a paper bag in bed?

but the young jobsworth said he wanted me prosecuted, police wasnt having any of it, but he kept on persisting that he wanted to take it me to court. I had to sign a letter saying that im banned from all asda stores nationwide.

The letter is probably meaningless gibberish and almost certainly unenforceable.

Now ive received a letter from Drydens asking for £150.

You should have ignored it.

Ive read all repots from CAB about unfair and inproper demands, so I surprised when they said, after I waited 4 hours, If I dont pay it, they will take me to court, so I agreed to let them speak to Drydens on my behalf, and they agreed I would pay £5 per month, is this right, can they do this, I havnt done anything wrong, even the police agreed. Do I have to pay Drydens£150, will I end up in county court if I dont pay????

Even Drydens will probably not sue and, even if they were daft enough to try, you could counter-claim for damages for unlawful and false imprisonment, from the young, zit-faced jobsworth and Asda plc jointly and severally. That, of course, would be as well as deny all of their claim, as no losses had been incurred by the store other than, perhaps, those incurred by the jobworth's attitude problem.

You should also complain to the local CAB about the dreadful service provided by their numb-skulled numpty.

[leclerc]

Re: please help - accused of shoplifting from asda

http://www.consumeractiongroup.co.uk...urnal-evidence

('scuse the link source, lol)

The correct source is this one:
Uncivil recovery

[Robbiejon]

Re: please help - accused of shoplifting from asda

Round about this time last year, a friend of mine was arrested at a certain well-known store, as they had left without paying for an item, valued at £18.99. Going through a self-checkout, they had scanned all their shopping, leaving two bottles of booze to last. Scanning the first bottle halted the process and summoned the assistant, who confirmed they were over 18. This always amused them, as they were in their late 50's ! The assistant took both bottles, removed the security tags and handed them back. My friend was a longtime regular customer at this store, knew the assistants well, and always chatted and joked with them. On this occasion, the chit-chat distracted them and they forgot to scan the second bottle.
On leaving the shop they were stopped by security and told they had left without paying for an item. My friend,who is quite an intelligent person, quickly realised they had forgotten to scan the second bottle, apologised and offered to pay.
To cut a long story short, my friend was taken to the holding room, and the manager called the police without even discussing the matter. Against the police advice he insisted on an arrest and a prosecution.
So, an arrest, an interview, fingerprinting tec., and the police decided to charge and let shop have their way. After all, my friend was in possession of property for which they had not paid.
Now this is where it gets interesting. To prove theft, you have to prove intent. So my friend planned to go to Crown Court, as the case would be heard in greater detail than at Magistrates Court. With no previous convictions or arrests, excellent character references, no mental health or financial problems, and CCTV images that simply show someone forgetting to scan the bottle, my friend and their solicitor were fairly confident of a successful outcome to the case.
At the commital hearing, the council for prosecution asked for more time to prepare their case. They were forced to admit that they were not examining any new evidence, only that gathered on the date of the alleged offence, twelve weeks prior to the hearing. The magistrate refused extra time, expressed dismay that they should attempt to prosecute someone with no previous over a trifling matter, and suggested my friend contact the store to have the trespass order revoked, and the civil recovery fee refunded.
But the store manager would not back down. The civil recovery fee remains in Dryden's pockets, and my friend remains banned for life from all of that store's retail outlets. You see, you can ban anyone you like, or dislike, from private property, irrespective of any court decision.
My friend was arrested, charged, fingerprinted, DNA'd, and put through many hours of legal consultation and case preparation for over three months. The fact that the case remains on file with the police could have an impact on future employment prospects as my friend has to have clean CRB's.
My friend is an honest, sensitive person, and this episode has hurt them deeply. There was no intent, so there was no crime. Just a mistake.
The manager - one of those young "boy" managers with little experience - was obviously ordered by senior management to stand firm to protect the store from any embarrasment a climbdown might attract.
How does the lifetime ban work at all the other store outlets? Without a conviction, my friend remains innocent by British law. To prevent them entering the other retail outlets, the store where the alleged offence took place would have to distribute photographic data to those other outlets, and security would have to recognise that person from the many tens of thousands of people coming and going. Is that legal ? Is it possible? Is it morally defensible ?
My contention is that if a case has been dropped, then the accused, by law, is presumed innocent. So the use of any data from that case ( ie photographs) at some future point that is used to disadvantage my friend ( ie please leave the store because you are banned ) surely infringes their rights.

[leclerc]

Re: please help - accused of shoplifting from asda

I doubt that any ban realistically would work. For example, if he went into a store the other side of the country(and I'm not suggesting he does do that) and pays by cash or card, I doubt that they would challenge him whatsoever.

As an aside, I never use self checkouts for alcohol cos sometimes, it takes even longer at self checkout than at the normal tills with a human being.

I don't think their ban is enforceable any other store than the store where the incident happened.

[CleverClogs]

Re: please help - accused of shoplifting from asda

I don't think their ban is enforceable any other store than the store where the incident happened.

I'd doubt it was even enforceable there but, if they try to refuse one's custom, one should fill a trolley full of frozen goods, load the lot onto the checkout conveyor and then enjoy the cashier's expression when she sees one's name on the banned list compiled by the pimply "manager".

Let him manage that.