Removal of price tag

[bluebottle]

Re: Removal of price tag

Well, I got a threatening letter from RLP, I called and explained the situation.
The woman I spoke to said I'd have to send them proof of my prescriptions/ note from my Dr.
I am too embarrassed to tell my Dr and I've only left the house once since this happened and had a panic attack outside.
My friend has sent them an e-mail on my behalf telling them about my condition and the various prescriptions I'm taking. as well as telling them the way the security guards bullied and harassed me, and tried to put words in my mouth.
I was told by the woman that I spoke to that they are claiming I took a similar item at a lower price to the till and said they were the same price. I did take a similar item to the till, but I was going to buy it too, I just couldn't afford everything, and I didn't say anything about them being the same price (surely I'd have to be psychic?).
As I said before, I asked the assistant the price, he went upstairs to find out the price and came back with a price code.

Surely that gave them every opportunity to tell me the correct price?

Typical of RLP trying to give the impression they have powers and authority they have not got and the law does not confer on them. Although they claim to know the law and although they have an in-house legal professional who is, to the best of my knowledge and belief, a civil litigation practitioner, RLP's knowledge and understanding of English Criminal Law is seriously lacking. I would be seriously concerned about disclosing medical information to a private company masquerading as some sort of quasi-legal/quasi-judicial body - which RLP is not and never will be - other than under the authority of a court order.

If their bullying is having a detrimental effect on your health, you may need to consider seeking a court injunction against RLP and the retailer concerned.

[CleverClogs]

Re: Removal of price tag

a private company masquerading as some sort of quasi-legal/quasi-judicial body - which RLP is not and never will be

capita eorum sunt plenis stercorum

[bluebottle]

Re: Removal of price tag

capita eorum sunt plenis stercorum

RLP is full of it, let alone their heads being full of it, Cloggy.

[MissFM]

Re: Removal of price tag

Bagpuss - I think the general message is to STOP WORRYING. You did nothing wrong in the first place and you can just put everything from these people in the bin - or do as BB suggests and get a court injunction to stop their unlawful harassment :hug:

[bluebottle]

Re: Removal of price tag

The first thing the OP needs to do is serve a notice on both RLP and their retailer client under Section 10, Data Protection Act 1998, as regards the medical information. I will check what needs to go in a Section 10 notice, but I do know that another LB member served such a notice on a bailiff company and it stopped any further bullying dead in its tracks.

[Bagpuss]

Re: Removal of price tag

Thank you, but they said I had committed fraud by "obtaining goods by deception".
The oddest thing the security said was that I had committed the fraud against the assistant, not the company.
The lawyer I called and briefly spoke to said that they clearly don't know the first thing about the law.
If this had happened to someone else, I'd have thought they were exaggerating.
I can understand if I had changed the price tags, not taking one off and asking the price.
Last year TK Maxx had a toy I was going to buy for my friends Daughter for £15.99, yet Toys R Us, Tesco and Smyths Toys had it full price at £7.99. In which case, wouldn't that be seen as fraudulent and deception?
Or does the law not apply to them?
I would have thought they could go on the items actual barcode, not just their own, and I never would have thought it was a legal matter, let alone a police one.

[MissFM]

Re: Removal of price tag

Thank you, but they said I had committed fraud by "obtaining goods by deception".
The oddest thing the security said was that I had committed the fraud against the assistant, not the company.
The lawyer I called and briefly spoke to said that they clearly don't know the first thing about the law.
If this had happened to someone else, I'd have thought they were exaggerating.
I can understand if I had changed the price tags, not taking one off and asking the price.
Last year TK Maxx had a toy I was going to buy for my friends Daughter for £15.99, yet Toys R Us, Tesco and Smyths Toys had it full price at £7.99. In which case, wouldn't that be seen as fraudulent and deception?
Or does the law not apply to them?
I would have thought they could go on the items actual barcode, not just their own, and I never would have thought it was a legal matter, let alone a police one.

Quite - don't be fooled x

[bluebottle]

Re: Removal of price tag

Thank you, but they said I had committed fraud by "obtaining goods by deception". No such offence.
The oddest thing the security said was that I had committed the fraud against the assistant, not the companyNot true. The offence would be committed against the retailer who has legal right and title.
The lawyer I called and briefly spoke to said that they clearly don't know the first thing about the law. The lawyer is correct. The retailer and their security goons don't know what they are talking about.
If this had happened to someone else, I'd have thought they were exaggerating. Retailers and their security staff can be unbelievably disingenuous to say the least. Hypocrisy is a word that comes to mind.
I can understand if I had changed the price tags, not taking one off and asking the price. If you had changed the price tags, that would be Fraud by False Misrepresentation. Taking a ticket off and asking the price is not, to the best of my knowledge and belief, an offence at law. It wasn't when I was a policeman and unless I am very much mistaken, it still isn't now, in 2014.
Last year TK Maxx had a toy I was going to buy for my friends Daughter for £15.99, yet Toys R Us, Tesco and Smyths Toys had it full price at £7.99. In which case, wouldn't that be seen as fraudulent and deception? No. Commercial suicide.
Or does the law not apply to them? No-one is above the law, including TK Maxx or RLP.
I would have thought they could go on the items actual barcode, not just their own, and I never would have thought it was a legal matter, let alone a police one. In view of what you have said, I would go back to your legal adviser and run what you have said past them again. It sounds like TK Maxx have made a false report to the police which is an offence in itself. Making a false allegation against someone which results in or may potentially result in legal proceedings is a very serious matter indeed. It may mean that both TK Maxx and RLP have no grounds for pursuing you, in which case, if anyone stands to get sued it is them, not you.

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[Bagpuss]

Re: Removal of price tag

But with the police involved, doesn't that mean that it is now a legal matter?
Otherwise, wouldn't TK Maxx be the one in trouble for wasting police time?
As I said to the security, they may as well have given me a lifetime ban over a 12 month one, I have no intention of ever entering one of their stores after this!

[bluebottle]

Re: Removal of price tag

But with the police involved, doesn't that mean that it is now a legal matter? Not necessarily. If the police did not know at the time they were being lied to by the security goons, they will be probably none the wiser. However, if it subsequently becomes apparent to the police they were lied to, they will not be happy bunnies. In fact, they will be absolutely furious bunnies and so will the Chief Constable and CPS.
Otherwise, wouldn't TK Maxx be the one in trouble for wasting police time? That is the lower end of the scale. Making a false report is more serious.
As I said to the security, they may as well have given me a lifetime ban over a 12 month one, I have no intention of ever entering one of their stores after this! Other retailers are available.

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[bluebottle]

Re: Removal of price tag

10Right to prevent processing likely to cause damage or distress.

(1)

Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

(a)

the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b)

that damage or distress is or would be unwarranted.

(2)

Subsection (1) does not apply—

(a)

in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b)

in such other cases as may be prescribed by the [F1 Secretary of State] by order.

(3)

The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—

(a)

stating that he has complied or intends to comply with the data subject notice, or

(b)

stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

(4)

If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

(5)

The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

Annotations:

Bagpuss,

I have pasted Section 10, Data Protection Act 1998 above. This may be useful in stopping the retailer and RLP processing your personal data any further. What you have posted since your original post puts things in a different light and certainly shows the retailer and RLP in a very bad light indeed.

[CleverClogs]

Re: Removal of price tag

But with the police involved, doesn't that mean that it is now a legal matter?
Otherwise, wouldn't TK Maxx be the one in trouble for wasting police time?

If a false allegation was made and the person(s) making the allegation knew that it was false, the offence could be one of Conspiracy to Pervert the Course of Justice.

[bluebottle]

Re: Removal of price tag

If a false allegation was made and the person(s) making the allegation knew that it was false, the offence could be one of Conspiracy to Pervert the Course of Justice.

Absolutely, Cloggy. Bagpuss needs to go back and speak to their legal adviser as soon as possible. The police need to be made aware of the likelihood they have been mislead by the retailer. Coming from a legal professional would have more clout IMHO.

[Bagpuss]

Re: Removal of price tag

Isn't it a case of he said, she said if the assistant said that I said the more expensive item was the same price as the cheaper one when I didn't? There was only the two of us at the till.

[bluebottle]

Re: Removal of price tag

Isn't it a case of he said, she said if the assistant said that I said the more expensive item was the same price as the cheaper one when I didn't? There was only the two of us at the till.

If the assistant is the one making the allegation, the onus is on her to prove it. In law, a person is innocent until proven guilty. If there was no tag on the merchandise and she went off to check the price, she cannot make allegations based on what she and some ill-disciplined and poorly-trained security staff member think.