accused of shoplifting in asda store and treated appalingly after appeal.

[heather1989]

I entered your store tobuy some items, including a pack of nappies, which when I picked them up I putthem over my pram handle as I had no basket at that time to put them in. I then realised I needed a basket, so Icollected one from a till point and went on with my shopping. When I hadfinished my shopping I went to the till and paid for my items. Mistakenly, I had forgotten to put thenappies on the conveyor belt and went to leave the store.
I had just reached the internal doors when the security guardcame up and asked for my receipt. Ishowed the security guard my receipt and on inspection I saw that I forgottento pay for the nappies. I turned to theguard, apologised and offered to pay for the nappies, on which he told me thatNo, I couldn’t pay for the nappies and that I had to step to the side. The security guard then asked me to sign apiece of paper to agree to being banned from the store or otherwise the policewould be called. At no point did heallow me to explain what had happened and was very abrupt in his dealings with me. All this was done at the front doors of thestore on one of the busiest days of the week.
Needless to say I was extremely upset and embarrassed as I waswith my young son and I didn’t want to be embarrassed further I signed thepaper and left the store.


I am unsure weather they have dealt with this situation properly i sent them a letter appologising for my genuine oversight explaining that i am a single mother and that i use the store everyday.

and thier reply was:-

Dear Heather

Thankyou for your letter requesting that we lift the ban you currently have on entering asda.
After careful consideration i feel at the present time unable to allow you to return to shopping at the store. i hope this answers your query.

yours sincerely

I rang the store asking what there reason were for there actions, they replied saying that i wasnt banned for theft i was banned for my shopping habits? i asked what he ment by this and he replied saying because i walked through the self service and the paying desk which i know i definatly did not do. i asked him if he had checked the cctv to prove that and he said he didnt need to as he was taking his collegues word for it. I told him i wanted it reviewed and the cctv looked at which he then said ok bye and put the phone down.

I now no longer want to shop at the store anyway because of the way ive have been treated but i feel i need some justice as this is rediculous.

[Guest]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

Hi Heather

Can I ask how long ago this incident took place.
Unfortunately Asda have a perfect right to chose who they let into their store, unarguably the way you were treated was, to say the least an over reaction to a simple mistake, perhaps a letter addressed to the CEO.
Please let us know if there are any further developments.
D

[bluebottle]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

Hi Heather

Can I ask how long ago this incident took place.
Unfortunately Asda have a perfect right to chose who they let into their store, unarguably the way you were treated was, to say the least an over reaction to a simple mistake, perhaps a letter addressed to the CEO.
Please let us know if there are any further developments.
D

In a case like this, that would probably be the best course of action. Typical retail security muppets.

[twister0886]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

Hi,

I had a problem with ASDA as well, i went there i got some stuff, i've putted them into my bag and at the pay-point i got them out to pay for them when the security came and took me into a small room telling me that i was stealing. They looked into my bag and found nothing, i didn't exit the shop with anything, i didn't even pass the pay-point with anything. I asked him to give me a reason and he said he doesn't have to give me any and kept on telling me that i was stealing, even if they didn't found anything on me because i didn't had anything.I told the security person to call the police and he kept on asking me if i really want that and after, he said the police will be late and i would better cooperait or i will go to jail, things like this. They said that i have to pay for the product which i was going to do anyway but they refused to give me the bill even if a payed by card, i don't even know what they putted on my bill because they refused to show it to me. I don't care that i'm banned from ASDA, i would just like to know if i can do anything about this, meaning if i can take them to court or things like this because i repeat when i got to the pay-point i had everything out into the open, i wasn't keeping anything into by bag or some where else.

[bluebottle]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

Hi,

I had a problem with ASDA as well, i went there i got some stuff, i've putted them into my bag and at the pay-point i got them out to pay for them when the security came and took me into a small room telling me that i was stealing. They looked into my bag and found nothing, i didn't exit the shop with anything, i didn't even pass the pay-point with anything. I asked him to give me a reason and he said he doesn't have to give me any and kept on telling me that i was stealing, even if they didn't found anything on me because i didn't had anything.I told the security person to call the police and he kept on asking me if i really want that and after, he said the police will be late and i would better cooperait or i will go to jail, things like this. They said that i have to pay for the product which i was going to do anyway but they refused to give me the bill even if a payed by card, i don't even know what they putted on my bill because they refused to show it to me. I don't care that i'm banned from ASDA, i would just like to know if i can do anything about this, meaning if i can take them to court or things like this because i repeat when i got to the pay-point i had everything out into the open, i wasn't keeping anything into by bag or some where else.

After New Year I would make an appointment to see a solicitor with a view to suing Asda for Wrongful Arrest, Unlawful Detention and Unlawful Interference with Property. The security muppet had no business telling you that you were stealing. In order to do this, it has to be proven that you are acting dishonestly and intend to permanently deprive Adsa of any property they allege you have not paid for. From what you have said, it is clearly evident that they cannot satisfy the test, prescribed by the Court of Appeal in the case of R -v- Ghosh [1982], in which case, any attempted criminal prosecution or civil claim would, undoubtedly, fail.

Please note the following -

1. Retailers and their security staff have no right whatsoever to search your person or any bags in your possession, regardless of any "Common Law Right of Search" they may profess. I worked in the retail industry and was a policeman, so I've seen it from both sides and know most of the scams retailers try and pull.

2. The security muppet's threats and statements are totally unacceptable and may well amount to an offence under the Public Order Act 1986 (Causing Intentional Alarm, Distress or Harassment to Another).

3. I would ask whichever solicitor you see to insist that Asda produce CCTV footage to substantiate their security muppet's actions. Expect Asda to resist this, but that would go against them should you then litigate the matter through the civil courts as that would amount to failure, on their part, to comply with the requirements of the Civil Procedures Rules 1998 pre-action protocols and overriding objective. In layman's terms, you have to try and resolve the matter without involving the courts unless this proves impossible, no matter how much you try to do so.

[enquirer]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

i would just like to know if i can do anything about this, meaning if i can take them to court or things like this because i repeat when i got to the pay-point i had everything out into the open, i wasn't keeping anything into by bag or some where else.

If they took your name and address, prepare for harassment by RLP. In the meantime, as Bluebottle suggests, you have an excellent case, so sue them.

[Nikolai]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

Agree completely - go for them. I can't stand officious idiots who think they can bully ordinary people. Trouble is they often get away with it.

[bluebottle]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

If they took your name and address, prepare for harassment by RLP. In the meantime, as Bluebottle suggests, you have an excellent case, so sue them.

I'd like to see Asda and RLP try. Neither of them have a leg to stand on legally in this case. If RLP do attempt any form of harassment, I would give them the biggest legal hiding of the 21st Century. They've had it coming to them for a long time.

[twister0886]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

Thank you very much guys, i'll wait for the new year to pass, and i will let you know what happens.

[d1anne]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

I had an issues with asda and e mailed Andy Clarke who i believe is a COE st asda, my issues was resolved very quickly and gift voucher of compensation sent to me, might be worth e mailing and see if you get any response before involving a solicitor. have quoted the e mail address below incase you decide you want to do this. would love to hear the outcome. good luck.

e mail addy is andy.clarke@asda.co.uk

[bluebottle]

Re: accused of shoplifting in asda store and treated appalingly after appeal.

The behaviour of retail security staff is getting to the point where, like the civil enforcement industry, it is close to getting out of control. In cases where they has been a simple misunderstanding and the security muppet and store manager put their hands up to it, it is a good idea to contact the CEO of a retailer, as they will be anxious to protect their company's reputation and customer goodwill. However, when someone is unlawfully detained and wrongfully accused of theft because of a security muppet's incompetence, then it is a lot more serious as unlawfully detaining someone and attacking their integrity and honesty by making a wrongful/false allegation if theft is a criminal offence as well as a civil tort. Unfortunately, the best way of dealing with instances such as that is through a legal professional if a satisfactory outcome is to be achieved.