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Caught shoplifting

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  • #61
    Re: Caught shoplifting

    There is also legal privilege to hide behind.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #62
      Re: Caught shoplifting

      Originally posted by charitynjw View Post
      There is also legal privilege to hide behind.
      Could you expand on that, please, Charity?
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #63
        Re: Caught shoplifting

        http://www.thelawyer.com/showing-you...108188.article

        Legal professional privilege

        The right to object to disclosure is generally described as legal professional privilege and has been taken for granted by lawyers for more than 100 years. Legal professional privilege comprises two distinct categories. The first, litigation privilege, protects communications between lawyer and client or a third party made in reasonable contemplation of litigation. The second, legal advice privilege, is afforded to confidential documents between the lawyer and client, the dominant purpose of which is the obtaining or giving of legal advice, whether on a contentious or non-contentious matter. However, long-held assumptions about the application of legal professional privilege now need revisiting.


        **But it is worth reading the rest of the article
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #64
          Re: Caught shoplifting

          Good point Chaz and reinforces what Peter was saying. At the end of the day, it doesn't matter why nothing is done to address it. The fact is that little is being done, despite high profile exposure, so they continue to get away with it.

          Comment


          • #65
            Re: Caught shoplifting

            Originally posted by charitynjw View Post
            http://www.thelawyer.com/showing-you...108188.article

            Legal professional privilege

            The right to object to disclosure is generally described as legal professional privilege and has been taken for granted by lawyers for more than 100 years. Legal professional privilege comprises two distinct categories. The first, litigation privilege, protects communications between lawyer and client or a third party made in reasonable contemplation of litigation. The second, legal advice privilege, is afforded to confidential documents between the lawyer and client, the dominant purpose of which is the obtaining or giving of legal advice, whether on a contentious or non-contentious matter. However, long-held assumptions about the application of legal professional privilege now need revisiting.


            **But it is worth reading the rest of the article
            Many thanks for that, Charity. Interesting article. However, I have doubts as to whether RLP and Tesco could claim legal privilege in a case such as this. RLP are well-known for non-compliance with CPRs. Also, there are circumstances where legal privilege cannot be claimed, mainly, where it is suspected that a client is or has been involved in the commission of a criminal offence.

            Certainly, in this case, OP is entitled to seek fuller and better details of RLP and Tesco's claim, including that of any allegations being made. If such details are not made available, OP has the option to apply to strike-out as an abuse of legal process.

            CAB has details of a case, involving RLP and B & Q, where local police clearly stated there was no offence committed, whereupon RLP made another allegation, which it has been unable to prove. That case is still ongoing.

            Knowing Tesco of old, I wouldn't put any credence on what Tesco has said or what RLP says.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #66
              Re: Caught shoplifting

              Originally posted by bluebottle View Post
              Many thanks for that, Charity. Interesting article. However, I have doubts as to whether RLP and Tesco could claim legal privilege in a case such as this. RLP are well-known for non-compliance with CPRs. Also, there are circumstances where legal privilege cannot be claimed, mainly, where it is suspected that a client is or has been involved in the commission of a criminal offence.

              Certainly, in this case, OP is entitled to seek fuller and better details of RLP and Tesco's claim, including that of any allegations being made. If such details are not made available, OP has the option to apply to strike-out as an abuse of legal process.

              CAB has details of a case, involving RLP and B & Q, where local police clearly stated there was no offence committed, whereupon RLP made another allegation, which it has been unable to prove. That case is still ongoing.

              Knowing Tesco of old, I wouldn't put any credence on what Tesco has said or what RLP says.
              HI
              THe problem is that the OP has admited that he stole the goods.
              There is no allegation to prove.

              The claiment has legal cause to pursue his losses, the issue is only the evaluation of those losses.

              In my opinion an SAR will do no good because the issues are already known.

              The outcome will depend on case law and the opinion of the judge.

              Peter

              Comment


              • #67
                Re: Caught shoplifting

                What do we 'think' the losses incurred might be?

                The police incurred losses in terms of fuel, but they won't do anything. The OP paid for the goods. The staff used were employed anyway. What would the hypothetical claim be for?:beagle:

                Comment


                • #68
                  Re: Caught shoplifting

                  Originally posted by labman View Post
                  What do we 'think' the losses incurred might be?

                  The police incurred losses in terms of fuel, but they won't do anything. The OP paid for the goods. The staff used were employed anyway. What would the hypothetical claim be for?:beagle:
                  Ha ha

                  well the police wont be able to claim, we pay ther wages for doing this stuff.

                  Tescos have a perfect right to claim losses, but they have to justify them, the case law provided by RLP does not apply, for a number of reasons., as you say.

                  Peter

                  Comment


                  • #69
                    Re: Caught shoplifting

                    Agreed Peter. The only real people to incur losses were the police, and they won't do anything for the reasons stated. Effectively then, no losses were incurred, so the judge's opinion would have to be based on this fact.

                    I know judge's decisions can appear rather crazy, but not that crazy!

                    Comment


                    • #70
                      Re: Caught shoplifting

                      RLP are probably claiming for all their Tesco 'porky pies', lol
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #71
                        Re: Caught shoplifting

                        Originally posted by charitynjw View Post
                        RLP are probably claiming for all their Tesco 'porky pies', lol
                        You've been reading my other posts on Tesco, Charity. My experience of Tesco is that their management lie rather than stick to facts - and this has been on more than one occasion. I've even known them lie to Trading Standards Officers - not clever. Peter, in this case, the police told OP to pay for the goods, which is a somewhat unusual course of action for them to take. I am beginning to wonder if OP did in fact "steal" anything. Although OP may have admitted it, in my experience, this may not be what actually happened. Remember, the level of training a private-sector security officer would receive is nowhere near the level a police officer receives. The questions in the law exams I had to sit in the police force were then and, to the best of my knowledge, still are drawn from Bar exams. That should give you an idea of the standard police officers have to meet. Like I said earlier in this thread, RLP are well-known for non-compliance with CPRs.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #72
                          Re: Caught shoplifting

                          Originally posted by bluebottle View Post
                          You've been reading my other posts on Tesco, Charity. My experience of Tesco is that their management lie rather than stick to facts - and this has been on more than one occasion. I've even known them lie to Trading Standards Officers - not clever. Peter, in this case, the police told OP to pay for the goods, which is a somewhat unusual course of action for them to take. I am beginning to wonder if OP did in fact "steal" anything. Although OP may have admitted it, in my experience, this may not be what actually happened. Remember, the level of training a private-sector security officer would receive is nowhere near the level a police officer receives. The questions in the law exams I had to sit in the police force were then and, to the best of my knowledge, still are drawn from Bar exams. That should give you an idea of the standard police officers have to meet. Like I said earlier in this thread, RLP are well-known for non-compliance with CPRs.
                          Originally posted by bluebottle View Post
                          You've been reading my other posts on Tesco, Charity. My experience of Tesco is that their management lie rather than stick to facts - and this has been on more than one occasion. I've even known them lie to Trading Standards Officers - not clever. Peter, in this case, the police told OP to pay for the goods, which is a somewhat unusual course of action for them to take. I am beginning to wonder if OP did in fact "steal" anything. Although OP may have admitted it, in my experience, this may not be what actually happened. Remember, the level of training a private-sector security officer would receive is nowhere near the level a police officer receives. The questions in the law exams I had to sit in the police force were then and, to the best of my knowledge, still are drawn from Bar exams. That should give you an idea of the standard police officers have to meet. Like I said earlier in this thread, RLP are well-known for non-compliance with CPRs.

                          Hi Bluebottle

                          If the defense turns out to be that no theft took place perhaps a statement from the policiman who witnessed the purchase would be more reliable.(if relevant)

                          Cant really comment on the level of training of tesco security staff or the police force, although i shoud imagine that a working knowledge of criminal law would be pre requisite.

                          Peter

                          Comment


                          • #73
                            Re: Caught shoplifting

                            Originally posted by Mr.Peterbard View Post
                            Cant really comment on the level of training of tesco security staff or the police force, although i shoud imagine that a working knowledge of criminal law would be pre requisite.
                            Peter
                            I think it's quite intensive Peter:

                            1. If beeper goes off, stop customer

                            2. Check receipt

                            3. If you find an item not on the receipt they've stolen it.

                            4. This is against the law, take them upstairs and commence ripping them off through RLP.

                            Comment


                            • #74
                              Re: Caught shoplifting

                              hmm , yes i used to carry a detached security tag to my local tesco just to annoy the ssecurity staff.

                              Comment


                              • #75
                                Re: Caught shoplifting

                                Originally posted by labman View Post
                                I think it's quite intensive Peter:

                                1. If beeper goes off, stop customer

                                2. Check receipt

                                3. If you find an item not on the receipt they've stolen it.

                                4. This is against the law, take them upstairs and commence ripping them off through RLP.

                                Insert


                                3.5 Call police

                                3.75 Police say they are not interested.

                                Peter

                                Comment

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