RLP Advice needed please

[bluebottle]

Re: RLP Advice needed please

Thanks for the reply, I am absolutely amazed that this firm can get away with such bullying.

My only part in this sad story is to get some help for the young lady involved, who is not in the best of health and this certainly has not helped.

Just spoke to her on the phone in order to get a little more information...she still appears to be a bit shaken by the experience.
And is awaiting to receive the demand of money from RLP, which apparently is now for wasting the security creatures time; the amount she was told is around £150.00 (just under).

Addendum: Just for clarification the security creatures did not actually touch her body or bag. But they did insist that she open the bag...most would comply, under duress, in order to prove innocence!

First and foremost, you cannot be arrested by any retail security unless you have clearly committed an offence. In this case, there is no evidence of any offence whatsoever. I am a retired police officer and can assure you that both Superdrug and RLP have no case. Secondly, retail security cannot insist you open your bag. Only a warrant/sworn police officer, including a special constable, has the right or power to do that. Thirdly, the claims made by the security creature - there is no other word for them - are fatuous to say the least. Fourth, this young lady did not waste the security creature's time. It was wasted through the creature's own ineptitude, incompetence and misconduct. Superdrug have no claim at all, but this young lady certain has a case to bring civil and criminal proceedings against the creature, Superdrug and RLP.

Under Civil Law, this young lady could bring a claim for -

Unlawful Detention
Harassment
Failing to Exercise Adequate or Proper Supervision of An Employee

Under Criminal Law, taking account of Angry Cat's further information, the creature could be proceeded against for -

Unlawful Detention
Causing Intentional Alarm Distress or Harassment to Another

As for Superdrug and RLP, there is no cause of action and, certainly, the creature acted ultra vires. They could be proceeded against for -

Fraud by False Misrepresentation (company, directors, secretary, managers and officers)
Blackmail (whoever signed the letter)

RLP are really scraping the barrel if they think they can claim for "wasting the creature's time". The creature wasted their own time by acting like a total idiot for Heaven's sake!

My gut-feeling is that both Superdrug and RLP need to be formally warned that they are exposing themselves to criminal prosecution as well as civil litigation if they persist with their fatuous claims. The young lady should ask for the name and SIA Licence Number of the creature, if they are SIA-registered, and report this to the SIA. The creature could have their licence revoked.

The young lady certainly needs to consider speaking to the PPS about the actions of the creature, at the time, and the subsequent actions of Superdrug and RLP.

[Celestine]

Re: RLP Advice needed please

RLP must be very busy at the moment!

I heard a horror story from a young woman who is currently off sick with depression.
I would hasten to add that she is decent and an intelligent individual, who was accosted in a superdrug store and accused of theft even though she had not taken anything.
Apparently, she had put an item back on the wrong gondola (she felt sick). RLP said that her intention was to come back later and steal the item.

They held her for some time took her picture on a blackberry mob and had no ID.

Quite underandabely she was/is devasted and is now waiting for the RLP fixed fine letter to arrive, which will be approx £150.00.

How can RLP get away with terrorising vulnerable young people?

Can I just clarify something? I can't work out how RLP were present at this incident unless they directly employed the security guard? Or have I missed something?
Was the lady given a letter by the security guard warning her RLP would be in touch about civil recovery?

[bluebottle]

Re: RLP Advice needed please

Can I just clarify something? I can't work out how RLP were present at this incident unless they directly employed the security guard? Or have I missed something?
Was the lady given a letter by the security guard warning her RLP would be in touch about civil recovery?

See Post #13, Cel. Also, I have just spotted potential infringements of the DPA in respect of circulating the young lady's photograph alleging she is a thief when she is clearly not. Perhaps, Superdrug should hand an application form for JSA to the creature, because that is likely to be the outcome.

[Celestine]

Re: RLP Advice needed please

See Post #13, Cel. Also, I have just spotted potential infringements of the DPA in respect of circulating the young lady's photograph alleging she is a thief when she is clearly not. Perhaps, Superdrug should hand an application form for JSA to the creature, because that is likely to be the outcome.

Yes I saw that, but that Notice was issued by the Shopping Centre Security Muppet, not RLP, it warns the recipient that RLP will be informed though....so they will be next to add to this debacle.

[bluebottle]

Re: RLP Advice needed please

Yes I saw that, but that Notice was issued by the Shopping Centre Security Muppet, not RLP, it warns the recipient that RLP will be informed though....so they will be next to add to this debacle.

If Wacky Jacky & Co and Superdrug think they've got a strong case, they should seriously think again or get competent legal advice for themselves. It will be interesting to see if RLP/Superdrug drop this like a hot brick or are foolish enough to plough on regardless. If the later, I would say let PPS loose on them.

[Angry Cat]

Re: RLP Advice needed please

Yes I saw that, but that Notice was issued by the Shopping Centre Security Muppet, not RLP, it warns the recipient that RLP will be informed though....so they will be next to add to this debacle.

Correct, the notice was issued by an employee of "the Mall", a security person with no ID.
The 'Notice' and 'NOTICE OF INTENDED CIVIL RECOVERY' that were served in superdrug indicates that the young lady will be contacted by Retail Loss Prevention Limited who will decide her fine and how she has to pay same.

In the meantime, she has been banned from the entire Mall, Multi Storey Car Park and Mall Bus Mall in one of these:
http://www.themall.co.uk/business/about-the-mall.aspx

Re: DPA, the bottom of the 'NOTICE OF INTENDED RECOVERY' lays out how RLP intend to process her data, which may be passed to the Police etc;
of course, the picture taken on the blackberry phone was obtained under duress.

All of the above is punishment for NOT taking an item...Ridiculous!

[Angry Cat]

Re: RLP Advice needed please

I guess, there is nothing much that can be done, until RLP send their demand?

[CleverClogs]

Re: RLP Advice needed please

No, except to take not one bit of notice about the so-called "ban".

[CleverClogs]

Re: RLP Advice needed please

of course, the picture taken on the blackberry phone was obtained under duress.

If it is displayed anywhere as a photo of an offender, that could be defamatory.

[busytrev]

Re: RLP Advice needed please

im not worried about the PND as thats paid done and dusted, its this stupid letter now im concerned about. yes the lipstick was returned to the store straight away, eledgible for resale so yes what have tesco lost nothing, ??

The point I was trying to make was that if you get the original PND revoked then the RLT issue no longer is an issue. That would then put you well and truly in the driving seat as to any claim :hand:

[CleverClogs]

Re: RLP Advice needed please

The point I was trying to make was that if you get the original PND revoked then the RLT issue no longer is an issue. That would then put you well and truly in the driving seat as to any claim :hand:

Even if the PND were not revoked, the fatuous invoice from RLP is not really a problem. Just get free legal advice and help from one's local law centre and defend it in the same way that the Oxford case (attached) was defended, by subjecting the alleged losses to strict proof.

[stariq2013]

Re: RLP Advice needed please

I read your story and felt really sorry for you.

My wife went through the same incident on Friday and has been so upset and crying since then because she can't even imagine doing such a thing.

She had her trolley on tesco trolley. she put some chocolate bars on her trolley which slid into her trolley which was caught in cctv. she picked up other grocery items and then went to self-checkouts paid for everything but totally forgot abt those chocolate bars that slid into her trolley. thats when the security guard came n took her to office. they called police. police didnt do anything.

it was manager n security guard talking a lot. there were 6 people in a small room interrogating her she was so horrified she couldnt even speak. They asked her if she had any mental illness.

they took a receipt n checked all the items. one of the items was reduced manager accused her of putting a reduced label on it, she said she didnt do it.

anyways at the end they took those bars n reduced item for which she has already paid. they told her tht shes been barred for tesco stores n will be fined by RLP.

Now she doesnt even work just a housewife she even told them.

What do you advise her at this stage since you've been through this?

Many Thanks

Salman

[bluebottle]

Re: RLP Advice needed please

I read your story and felt really sorry for you.

My wife went through the same incident on Friday and has been so upset and crying since then because she can't even imagine doing such a thing.

She had her trolley on tesco trolley. she put some chocolate bars on her trolley which slid into her trolley which was caught in cctv. she picked up other grocery items and then went to self-checkouts paid for everything but totally forgot abt those chocolate bars that slid into her trolley. thats when the security guard came n took her to office. they called police. police didnt do anything.

it was manager n security guard talking a lot. there were 6 people in a small room interrogating her she was so horrified she couldnt even speak. They asked her if she had any mental illness.

they took a receipt n checked all the items. one of the items was reduced manager accused her of putting a reduced label on it, she said she didnt do it.

anyways at the end they took those bars n reduced item for which she has already paid. they told her tht shes been barred for tesco stores n will be fined by RLP.

Now she doesnt even work just a housewife she even told them.

What do you advise her at this stage since you've been through this?

Many Thanks

Salman

Hi Salman,

For a start, RLP cannot fine anyone. They are not a judicial body and have no power in law to impose any form of penalty on anyone. The fact that the police took no action indicates to me that they were not entirely satisfied that Tesco's actions were lawful or, more likely, there was and is no case to answer. I speak as someone who has worked in the retail industry and am a retired police officer.

RLP is known for making fatuous claims and if anyone should have a claim made against them, it is Tesco for Unlawful Detention. The fact your wife was interrogated by six Tesco employees would not, in my opinion, go down well with a judge. RLP may well claim that those who post on LB do not know what they are talking about and that the law RLP quotes on its website is the correct law. It isn't. The Law Commission has stated publicly that there is no legal basis for civil recovery claims. And a case at Oxford County Court last May before a senior Circuit Judge confirmed this.

If RLP try to make a claim, I would remind them that any alleged losses their client, Tesco, has incurred is due entirely to the incompetence, ineptitude and misconduct of its own employees. A claim cannot be made against another for alleged losses arising out of one's own incompetence, ineptitude or misconduct or that of their employees, servants or agents.

Wait and see if RLP write to you first. I have no doubt they will scan the LB forums to see if you have sought advice. Come back onto this thread when and if they send any correspondence.

BB

[CleverClogs]

Re: RLP Advice needed please

She had her trolley on tesco trolley. she put some chocolate bars on her trolley which slid into her trolley which was caught in cctv. she picked up other grocery items and then went to self-checkouts paid for everything but totally forgot abt those chocolate bars that slid into her trolley. thats when the security guard came n took her to office. they called police. police didnt do anything.

Once they knew they were up against a criminal mastermind who was allegedly about to steal two or three whole bars of "chocolate" (if that is a fair term for the brown muck Tesco sells) the police would have decided it was a waste of time. Did any constable attend, or did the security goon merely say they'd been called?

it was manager n security guard talking a lot. there were 6 people in a small room interrogating her she was so horrified she couldnt even speak.

Appalling.

They asked her if she had any mental illness.

As if that was an appropriate question - and as if they'd get a meaningful answer!

they took a receipt n checked all the items. one of the items was reduced manager accused her of putting a reduced label on it, she said she didnt do it.

anyways at the end they took those bars n reduced item for which she has already paid.

That, then, is clear evidence of theft - by the twerps at Tesco!

they told her tht shes been barred for tesco stores

The "ban" is worthless, as it would not be possible to enforce.

Besides, Asda is better and probably less expensive.

n will be fined by RLP

Those monkeys cannot "fine" anyone.

If they try to take her to court:

1. get free legal help from your local law centre (link)
2. defend the case along the lines of the Oxford case - attached, above
3. counter-claim for damages from Tesco for unlawful detention

Eventually, RLP may learn that their fatuous claims will have to stand up to strict proof...

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