caught shoplifting in primark - age 16

[CleverClogs]

Re: caught shoplifting in primark - age 16

1. It was not a lawful arrest.
2. No "appropriate adult" was present.
3. The security troll and/or Primark may have committed a criminal offence or three - bluebottle will advise on this.

[kane1303]

Re: caught shoplifting in primark - age 16

Thanks for your help, so what should I do about this letter? Just carry on ignoring it but I don't want to be taken to court about it

[wales01man]

Re: caught shoplifting in primark - age 16

Is it worth the OP consulting a solicitor?

[bizzybob]

Re: caught shoplifting in primark - age 16

Is it worth the OP consulting a solicitor?

At some stage possubly as they have failed to follow correct procedure as soon as it was known he was a minor, an appropriate adult should have been called before any questioning or even police were called.

[kane1303]

Re: caught shoplifting in primark - age 16

Yeah no adult was phoned before the police came, the police ended up phoning my mum after they had talked to us.

[CleverClogs]

Re: caught shoplifting in primark - age 16

Thanks for your help, so what should I do about this letter? Just carry on ignoring it but I don't want to be taken to court about it

File it safely, along with the others you will doubtless receive.

As you are under 18, neither Primark nor RLP will take you to court; they may, however, threaten to sue you two years hence.

As an alternative, your parents may wish to obtain an injunction against RLP to stop their harassment of you.

[CleverClogs]

Re: caught shoplifting in primark - age 16

Is it worth the OP consulting a solicitor?

At some stage possubly as they have failed to follow correct procedure as soon as it was known he was a minor, an appropriate adult should have been called before any questioning or even police were called.

Yeah no adult was phoned before the police came, the police ended up phoning my mum after they had talked to us.

Exactly.

The Primark store or its security troll should have done that as soon as they had detained you; the plods should have done that before questioning you.

Did the interaction with the security troll cause you to suffer any bruising or abrasions?

Was there any damage, however slight, done to your clothing or shoes?

[bizzybob]

Re: caught shoplifting in primark - age 16

Exactly.

The Primark store or its security troll should have done that as soon as they had detained you; the plods should have done that before questioning you.

Did the interaction with the security troll cause you to suffer any bruising or abrasions?

Was there any damage, however slight, done to your clothing or shoes?

Answer yes to any of the above and Primark are in for problems, and they would have RLP to blame as if they had left it at what the police said, and RLP not sent their speculative invoice then the can of worms would still be unopened.

[kane1303]

Re: caught shoplifting in primark - age 16

Well he was treading on my **** blazers that cost me £80 but no damage was done on the shoe and they were already muddy and I had no brusing on my wrist

[MissFM]

Re: caught shoplifting in primark - age 16

Hi Kane

In your position I would get Mum & Dad to write a very stiff letter to the CEO of Primark and to RLP using the advice above and leave it at that.

Let's be honest, you were a twat for shoplifting and it was a lucky escape really - think where that "peer pressure" could have led if you hadn't been caught on this occasion.

I hope you've learnt a lesson (and I hope RLP & Primark will too) without too much bloodshed.

Wishing you well!:_tighthug__by_darkm

[bluebottle]

Re: caught shoplifting in primark - age 16

1. It was not a lawful arrest. The security goon used excessive force, if what has been posted is correct. This has the potential to render an arrest unlawful. Not stating why you are being detained means the detention is potentially unlawful.
2. No "appropriate adult" was present. Which would render any admissions, statements, etc., potentially inadmissible as evidence as the applicable Code of Practice under PACE has not been complied with.
3. The security troll and/or Primark may have committed a criminal offence or three. Use of the sort of force used by the security goon is, in all probability, enough to lose him his SIA Licence, if he is employed by a security company under contract to Primark. Private security are only permitted to use restraint techniques authorised by the Home Office and the techniques used by the goon in the OP's case are certainly not restraint techniques I recognise as being authorised by the Home Office.
4. Bluebottle will advise on this. Too bloody right I will!

The OP is below the age of 18 years and is, therefore, a minor in the eyes of the law. My advice would be for their parents to seek competent professional legal advice with a view to seeking restraint of Primark and RLP. To be honest, I cannot see a judge having a very favourable view of a security goon who behaves in the Rent-A-Thug manner the reputable private security industry hoped legislation and the SIA would stamp out. The reality is, far from stamping it out, it has purely put a respectable gloss on the problem of poorly-trained and ill-disciplined security goons, many of whom are not licensed due to a provision which allows retailers to employ their own security staff directly without the need to register with the SIA or be licensed by the SIA. Morrisons and Sainsbury's employ outside contractors who are SIA-registered and licensed. Co-op has a subsidiary named SSG, but this, too, is SIA-registered and its employees are SIA-licensed. Asda-Walmart and Tesco use their own employees.

The alternative is to get a solicitor to send a letter each to Primark and RLP along the lines of "Drop this immediately or we go public and apply to strike out any attempted proceedings as an abuse of the legal process."

[kane1303]

Re: caught shoplifting in primark - age 16

What do you think I should do then because my parents have told me to write a letter to the RLP saying that I was being severley peer pressured into doing it and that I was being bullied into it by me so called "mate." and to say that I don't have a job to pay off the money and that I have learned my lesson and very sorry for it.

[bizzybob]

Re: caught shoplifting in primark - age 16

What do you think I should do then because my parents have told me to write a letter to the RLP saying that I was being severley peer pressured into doing it and that I was being bullied into it by me so called "mate." and to say that I don't have a job to pay off the money and that I have learned my lesson and very sorry for it.

No No No by doing so you are giving the poltroons an opportunity to send evermore threatOgrams, show your parants this thread, even get them to post a question, BlueBottle has given you what the crimes against you Primark's goon committed, do not give them any ammunition to wriggle off the hook. They did not follow correct procedures RLP are a parasitic bunch of chancers.

We can give your parents the true picture hbere, they are sorely misguided as to what RLP are, what they do, and how they operate If you had not taken anything but the receipt came to light when the police came, RLP would still bill you for the time they said it took security to see if the goods were paid for or not. Innocent or guilty matters not to RLP they will invoice anyway. their so called dishonesty database is likely illegal as well.

[CleverClogs]

Re: caught shoplifting in primark - age 16

With respect, kane, your parents do not know how to handle RLP or, in the colonial vernacular, in this case they don't know shït from Shinola (link).

You have not offended against RLP but against Primark, so you do not owe RLP anything and they do not deserve even the scrapings from your fingernails or the least pinch of belly-button fluff.

Sending such a letter to RLP will only serve to encourage them to press harder and with increasingly dire threats if you do not pay up.

Succinctly, RLP are bullies.

Do your parents believe that bullies should be allowed to win?

[bluebottle]

Re: caught shoplifting in primark - age 16

What do you think I should do then because my parents have told me to write a letter to the RLP saying that I was being severley peer pressured into doing it and that I was being bullied into it by me so called "mate." and to say that I don't have a job to pay off the money and that I have learned my lesson and very sorry for it.

Speaking as a retired policeman, I would strongly advise you against writing any letters to RLP as you will simply encourage them to ramp up their bullying and what is, effectively, speculative invoicing. Neither they or Primark are entitled to seek or demand any money whatsoever. The Primark security goon acted in a manner that, had the police known what he had done, could have resulted in him being in trouble. He could still be in trouble with the Security Industry Authority (SIA) for the use of excessive force, which is illegal. A court is more likely to take a serious view of the use of excessive force than what is, in essence, a moment of stupidity that was the result of coercion by a so-called "mate". The police officer who attended appears to have used their commonsense and put things into perspective. Primark and their contracted security goon have behaved in a disproportionate and excessive manner and any alleged expense they incurred is due to their own actions. In the eyes of the law, they are not entitled to a penny - and neither is RLP.

My advice for your parents to seek competent professional legal advice stands. Adopting a D.I.Y. approach in this case is not advisable. This is something that requires input from a legal professional.