please help - accused of shoplifting from asda

[bluebottle]

Re: please help - accused of shoplifting from asda

Unfortunately, the major retailers have become so powerful and so arrogant, they now believe they can do anything they like and get away with it. I have genuine concerns about this incident. It reeks of police corruption and retail security staff who are out of control. Once the unedited CCTV footage has been obtained and studied, it should become clear whether there is a case to answer either way.

As for the police admitting they are wrong, every police force has a Professional Standards Department (formerly called Complaints & Discipline) that investigates all allegations of police corruption. Please let me assure LB members that where there is even the slightest hint of a police officer being corrupt, the matter is taken very seriously and investigated thoroughly, sometimes under the supervision of the IPCC. Corrupt police officers benefit no-one, including the public and other police officers.

If Asda are so sure of their alleged evidence, they should produce the CCTV evidence without having to be forced to do so under Section 7, Data Protection Act 1998.

[Guest]

Re: please help - accused of shoplifting from asda

Even if the CCTV footage makes it plain that no pilferage had occurred or could be seen?

I doubt that it could the CCTV will not track them around the shop it will probably be open to interpretation, the police would have seen it and agreed that there was sufficient evidence in any case, i cant see them admitting that they were wrong(even if they were).

D

[Guest]

Re: please help - accused of shoplifting from asda

If Asda are so sure of their alleged evidence, they should produce the CCTV evidence without having to be forced to do so under Section 7, Data Protection Act 1998.

I don't see why you should think this, why should they have to produce evidence they are not taking legal action.

If the shopper wishes to sue, then they would have to produce

D

[bluebottle]

Re: please help - accused of shoplifting from asda

I don't see why you should think this, why should they have to produce evidence they are not taking legal action.

If the shopper wishes to sue, then they would have to produce

D

Asda have made a serious allegation they have yet to substantiate. The OP's friends have a legally-enforceable right to view the evidence, regardless of Asda's claims. Asda know this. The SAR is merely a delaying tactic. If this were to go before a civil court, Asda would have to make the evidence available to the OP's friends as required under Civil Procedures Rules. There are similar requirements under Criminal Justice Law.

[gaz2006]

Re: please help - accused of shoplifting from asda

[QUOTE=davyb;272390]HI

I repeat my view that this is a great waste of time. The whole case depends upon the police admitting that they are in error, with the greatest respect , in my experience (and there has been some) the police never admit they are wrong(unless they are caught dead to rights), it makes little difference what book you right the complaint in.

As far as they are concerned an offense was committed, they sent for the police the goods were paid for, so there was no further action taken.

Case closed.

I would like to be wrong but i really doubt that i am, my advice would be to put this behind you and get on with your life.
I disagree you are saying the goods were paid for end of story it isnt my friends say they had already paid for the goods so paying again wasnt necessary , the cctv should prove if they did anything wrong and whether it was indeed them in first place

[gaz2006]

Re: please help - accused of shoplifting from asda

What your friends have had from Asda is a standard, "We're right, you're wrong," response. It's the same amongst most major retailers.

A Subject Access Request (SAR) would be a good idea and I would recommend the letter is worded thus -

Data Protection Compliance Officer
Asda Stores Limited
Asda House
Southbank
Great Wilson Street
Leeds
LS11 5AD

Dear Sir/Madam,

Subject Access Request under Section 7, Data Protection Act 1998

I am writing to request unedited CCTV footage of alleged shoplifting incidents at your [Name of Store] Store on [date of 1st incident] and [date of 2nd incident] which the manager and a security officer at that store allege my husband and I were involved in.

I enclose the statutory £10.00 fee with this letter.

You are reminded that the unedited CCTV footage must be provided to me within 40 days of Asda's receipt of this Subject Access Request, as required by the Data protection Act 1998.

Yours faithfully,

xxxxxxxxxxxxxx

I would strongly recommend this letter is sent by Recorded Delivery. Do not change the wording. I have used the words "allege" and "alleged", in respect of the incident, and "unedited", in respect of the CCTV footage, with good reason. When your friends received the footage, I would be interested in viewing it. As well as having worked in the retail trade, I am also a retired police officer (uniform and CID). The training retail security staff is woefully inadequate and the behaviour of some of them is appalling. The experience your friends had bears this out. Once the CCTV footage is received, PM me.

Do asda actually send it or do they have to go to asda to view it ? I will change slightly as the are not married but thats all ................regards gaz

[bluebottle]

Re: please help - accused of shoplifting from asda

Do asda actually send it or do they have to go to asda to view it ? I will change slightly as the are not married but thats all ................regards gaz

For the purposes of the Data Protection Act 1998, Asda are required to provide your friends with copies of the information they request Asda to provide them with. In addition to the CCTV footage, it would be a good idea for your friends to request copies of ALL information Asda hold on them. As they are not married, they will each have to submit separate SARs at £10.00 per SAR. However, if the CCTV footage confirms your friends' innocence, I would be inclined to recover the SAR fees as well as the £40 from Asda. This would be separate from any civil damages claim for unlawful detention, etc., your friends may bring against Asda.

[Guest]

Re: please help - accused of shoplifting from asda

Asda have made a serious allegation they have yet to substantiate. The OP's friends have a legally-enforceable right to view the evidence, regardless of Asda's claims. Asda know this. The SAR is merely a delaying tactic. If this were to go before a civil court, Asda would have to make the evidence available to the OP's friends as required under Civil Procedures Rules. There are similar requirements under Criminal Justice Law.

If it were to go to court then the shopper would have cause to view the tape, Tesco have made no allegations that i can see, the matter is settled.
You will get no where with this , unless you intend to litigate of course.
D

[Guest]

Re: please help - accused of shoplifting from asda

For the purposes of the Data Protection Act 1998, Asda are required to provide your friends with copies of the information they request Asda to provide them with. In addition to the CCTV footage, it would be a good idea for your friends to request copies of ALL information Asda hold on them. As they are not married, they will each have to submit separate SARs at £10.00 per SAR. However, if the CCTV footage confirms your friends' innocence, I would be inclined to recover the SAR fees as well as the £40 from Asda. This would be separate from any civil damages claim for unlawful detention, etc., your friends may bring against Asda.

I am not so sure they are, there has been no offence so section 35 is inappropriate, there will undoubtedly be others on the tape whose data must be protected also.

Could anyone who goes shopping request a copy of a CCTV just because they wanted one, I doubt it.

D

[Guest]

Re: please help - accused of shoplifting from asda

[QUOTE=gaz2006;272504]

HI

I repeat my view that this is a great waste of time. The whole case depends upon the police admitting that they are in error, with the greatest respect , in my experience (and there has been some) the police never admit they are wrong(unless they are caught dead to rights), it makes little difference what book you right the complaint in.

As far as they are concerned an offense was committed, they sent for the police the goods were paid for, so there was no further action taken.

Case closed.

my friends say they had already paid for the goods so paying again wasnt necessary ,

So why pay?

If you are making a claim of demanding money wihith menaces you need to inform the police, but as i say since the police were present you may have a problem proving it.

D

[bluebottle]

Re: please help - accused of shoplifting from asda

The OP's friends and, indeed, any shopper is entitled to see the CCTV footage of any alleged wrongdoing they are alleged to have committed, regardless of your arguments, Davy. An allegation has been made by ASDA, not Tesco, which ASDA have not substantiated. An ASDA employee alleged the OP's friends had been shoplifting. If that is not an allegation, what is it? This matter is far from settled and the CCTV footage will be the deciding factor. If, as it appears, ASDA have no credible evidence and the security bod has made a serious error of mistaken identity, the OP's friends have the right to take action against ASDA and the security bod.

The OP's friends DO NOT and, I repeat, DO NOT, have to issue litigation in order to view the CCTV footage. They have a legal right to view it without going to the extremes you advocate.

[bluebottle]

Re: please help - accused of shoplifting from asda

[QUOTE=davyb;272549]

So why pay?

If you are making a claim of demanding money wihith menaces you need to inform the police, but as i say since the police were present you may have a problem proving it.

D

Davy, some of us are getting a little weary of your negative posts. Do you have a vested interest in the incident this thread relates to, by any chance? Your posts indicate a lack of understanding of the Criminal Law and, in particular, Criminal Justice Law.

[CleverClogs]

Re: please help - accused of shoplifting from asda

If it were to go to court then the shopper would have cause to view the tape, Tesco have made no allegations that i can see, the matter is settled.
You will get no where with this , unless you intend to litigate of course.

One might doubt if suing Tesco would be at all helpful.

[gaz2006]

Re: please help - accused of shoplifting from asda

[QUOTE=davyb;272549][QUOTE=gaz2006;272504]

So why pay?

If you are making a claim of demanding money wihith menaces you need to inform the police, but as i say since the police were present you may have a problem proving it.

************* look i wasnt there so cant answer that i suspect they were pressured they had young kid crying and screaming and just wanted to get away if you were threatened with arrest or pay which option would you take ????? Tell me why ASDA didnt do anything on the occasions they accused them of not paying and wait till they are there again doenst make sense to me regards gaz

[gaz2006]

Re: please help - accused of shoplifting from asda

[QUOTE=CleverClogs;272641]One might doubt if suing Tesco would be at all helpful.
ha ha im sure tesco do same thing just like the Barclays LIBOR rigging other banks did so why not tie in all supermarkets ha ha only joking regards Gaz