Please help

[amber2050]

The other day I was apprehended in a Boots store in london for not paying for an item having used a self service till.

This is what happened:


It was my cousins birthday and I was in a rush shopping for last min bits. I went over to a make up couter and as there was no member of staff there to assist me. I looked for help and I couldnt see anyone so asked a security gaurd if it was ok to take a mascara from a draw he agreed and seemed completely fine. I then went to get a basket to place the item in and carried on shopping. I picked up a few other items and then made my way to the till. As there was a que for the regular till I decided it would be quicker to use the self service checkout. As it was such a mindless act and I was distracted by my phone I wasnt looking at the items scanned. I waved each of them through the scanner though and then placed them in my own bag as the option was there to skip bagging and I hate having lots of carrier bags. Upon scanning the last item (a salad) a message popped up needing a store approval to which a girl come over and approved my items whithout looking. After paying for my items I then got a call from a friend asking me to get an additional item which I quickly picked up payed for using self service tills again and left.


Upon leaving the store a detective run after me and asked me to enter the store again taking me into a back office room. He then asked to see my reciept and my perchases. I was so shocked and felt extremely intimidated and confused. On checking the reciept he realised I had not paid for the mascara I had alerted him I was taking first (the most expensive item). I was shaking and crying I was so scared and completely didnt realise and straight away offered to pay for the item. I had £200 cash in my purse at the time and was more than willing to as it was a genuine missunderstanding. He said it was too late and that hedisbelieved me and pushed me into signing a civil recovery scheme letter banning me from the store and stating a letter would be recieved in the post where further legal action may be taken. He stated that he believed I wasnt a theif but an opportunist and said I had done this on purpose.


I am now even more terrifeid as on arriving home I checked my bag and realised I have in fact an additional item that wasnt scanned that I had completely forgot about as I was so shaken up and scarred at the time. I dont know whether declairing this will get me a criminal record now as it will be 2 items unpaid for and 2 of the expensive ones. (this item is £9.99) I did pay for brushes that were £14.99 and some food items but by unfortunate circumstances not the other ones. Or if I am honest and decare it it will just get added to the fine (which I dont mind). I am however upset about the store banning as I feel it is unfair as it is a genuine mistake.


Could you please give me some advice on this situation as I am only 20 and am terrified of losing my job getting a criminal record and telling any of my family. This really was a genuine mistake and I really am at a loss at what to do.


Many thanks

[miliitant]

Re: Please help

you will not get a criminal record, and no police involvement as boots are doing it through retail loss provention

you will get a bill for "security costs" of about £80 and thats the end of it

the invoice scam has allready been declared unlawful in court so you do not have to pay it if you can put up with all the sudo letters but

their is no criminal record,conviction

you will not lose your job or have to tell anybody about this unfortunate incident

wait for more replies on the retail loss fine as that is not my area

[amber2050]

Re: Please help

Thank you so much for your reply and help on the matter. I have contacted Boots head office and informed them of the additional item that I later found in my bag and have been told that a store manager will review the cctv and speak with the security guard that apprehended me. I am still worried about a criminal record as on a letter I recieved at the time it states that the police can be involved at any time. I hope they realise that this is a genuine mistake

[Guest]

Re: Please help

HI
First thing you must do is stop beating yourself up about this, it was a mistake that anyone of us could make and probably have but have been lucky enough to not have been spotted.

Next thing to do is too stop thinking that anyone that you speak with from the shop or the solicitors representing them is on your side, they are not.

They will lie threaten and say anything in order to get the maximum amount of money out of you.

You will not get a criminal record because of this I guarantee it so don't worry about that.

All they can do is pressure you to pay for the time taken for the shop staff to process the incident.

The prevailing legal opinion and the opinion of the CAB is this represents no loss to them and in fact you will owe nothing at all.

This is of course not what they will say. Even in the very remote event of you having to pay by order of a civil court, this would not be a criminal act and would not mean that you had a record.

Now try and put this to the back of your mind and when you get your letter put it on your thread and we will advise.

Honestly no need to worry

D

[amber2050]

Re: Please help

Thanks davyb I really appreciate your advice and will make sure I post the letter I recieve on here in that case.

[bluebottle]

Re: Please help

Okay, Amber. First, you have to understand that retail security are not trained to the same standard as police officers are. Second, what a retailer may consider to be Theft, a police officer and, indeed, the law may not. Third, the circumstances you describe do not amount to Theft. In order to prove Theft, a two-part test, prescribed by the Court of Appeal in the case of R -v-Ghosh 1982, has to be satisfied and intent to permanently deprive has to be proven also. Otherwise, there is no offence. Fourth, the security guard has, in all probability, wrecked the retailer's chance of taking ANY form of legal action by coercing you into signing a civil recovery form. Courts and, indeed, the law, take a very serious view where there is evidence of coercion being used against someone accused of committing an alleged offence. I saw this happen when I was a policeman - I am retired now - and it is not very pleasant witnessing someone being torn to shreds by a Judge for not complying with the law relating to evidence. Fifth, the onus of proof lies entirely on the retailer and the security guard to prove their case beyond all reasonable doubt, in a criminal court. In my experience and considered judgement, the retailer will find it very difficult to prove Theft in this case. You have stated you were distracted by your mobile phone going off and it is very easy to forget to scan something. Also, there is the problem of what is known as mis-scanning, where the laser scanner within the self-service till is either not working properly or the software that works the self-service till scans the item, sounds the bleep, but the item does not get registered. A lot of alleged shoplifting incidents involving self-service tills have involved malfunctions of hardware or software or shoppers becoming distracted and genuinely forgetting to scan an item. Where I live, Morrisons employ a security company who simply take an item that hasn't scanned properly back to the till, get it scanned and then the customer can pay for the item. It stops a lot of problems, improves customer relations and ensures that only genuine shoplifters cop it for civil recovery and police action.

What Militant and Davyb have said is correct. In the unlikely event the retailer chances their luck with civil recovery, come back onto the thread and we'll see how we can help you further. Now, stop worrying.

[amber2050]

Re: Please help

Thank you so much I feel so much better after reading your posts, you have given amazing advice. If they did watch the cctv they will see that I did infact wipe every item over the scanner before placing it into my bag I just think it was an error on my part when pressing the skip bagging button too soon perhaps. I will be sure to post any letters recieved on here though. I really appreciate all of your help.

[bluebottle]

Re: Please help

Thank you so much I feel so much better after reading your posts, you have given amazing advice. If they did watch the cctv they will see that I did infact wipe every item over the scanner before placing it into my bag I just think it was an error on my part when pressing the skip bagging button too soon perhaps. I will be sure to post any letters recieved on here though. I really appreciate all of your help.

I think you have confirmed that the security guard is going to have some explaining to do. Also, it introduces reasonable doubt. In my considered judgement, the retailer would be unwise to attempt to pursue any type of legal action against you, in the light of what you have said. Believe it or not, if the glass of the scanner is dirty, it can cause an item to mis-scan. EPOS, the system scanning tills work on, has many failings and is vulnerable to malfunctions involving hardware and software.