Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from RLP)

[DylanDog]

Good Day Legal Beagles and thank you for your support.

"This is a dream that I have made tonight":

Few weeks ago I have been in a shop in London and made a crime...I have taken few products from the store and paid for them, then I have taken other products and tried to go out without pay for them. It was a stupid game. I am very sad for my actions.

I have been caught before go out from the store premises from two security staff members with "other individual(s)". We went to the security offices, asked me few question, take my address and called the police. I asked for paying the goods but they refused. Policemen came and asked the security officer to allow me to pay for the goods...no way.

One of the security member told them that she saw me ripping off the price from one of the products. I think that a CCV Cameras take a video of me or something but i don't have information about that. During Police interview they just show me pictures of the goods

Policemen bring me and my "other individual(s)" to the police station. Arrested us and send us in jail for about 5 hours (worst experience in my life...). At the end they interviewed me and my "other individual(s)" about the crime. We confessed everything (obviousely) and they offered us a caution. We accepted it.

Few weeks ago (i don't want to identify the exact time) I have received a letter from RLP to the address that I have given to Store's Security Staff. I have attached it minus few personal information.

--

I have few questions:

1) Why Store gave my personal information to this company? Is there in England something that allow me to ask information about my personal information and ask for immediate cancellation? I have not given my consensus to share my information with RLP.

2) According to Sore Security Memebers my data will be stored in their database for further investigation... Could I ask the Store about these information? I would like to delete them according with their internal security policy

3) I have read in the forum (great forum, congrats) that I can ignore these RLP's email. I would like to reply something clever by e-mail (Is e-mail a valid tools to reply to this kind of communication?) maybe to discuss about the first point.

I don't want to pay 'cause I have given the change to the store to make profits from my "wrongful action" (I have proposed to pay for the goods at their whole price, the police asked the security to do the same) and they refused. So now why they are asking me for money?

4) I have spent lots of time in jail and now I have a caution. I have read that in two years this record will be deleted, is it correct?

5) I think that RLP's staff should read this topic...just say hello to them

Merry Christmas to everyone and thank you for all suggestion.

:santa2:

[Amethyst]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

I wouldn't respond at all until you get letters from a debt collection agent, then just tell them to burger off. You have nothing to fear from this company. Their letters may get worse and more threatening but just keep them filed away safetly.

You have been dealt with and punished for your actions by the police, and have accepted a caution, which is as it should be, you offered to pay for the goods and the store refused, and the store still have the goods in resaleable condition.

When you were in with the security guards at the store did they ask you to sign anything or give you any paperwork regarding passing on your details to RLP ?

Also, what store was it ? ( eg TK MAxx, Tesco, Debenhams ?)

Was it the security staff at the store said about the 'database' or is that just from the RLP letter ?

[DylanDog]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

Hi Amethyst,

0) I will follow your suggestions, I don't want to waste money, but I want to dedicate time to this issue to help other readers.

1) the Store Security Members didn't ask or tell me anything about passing my data to other companies. They talked about their internal database (to "make a wanted paper with my picture"). The told me about issues for travelling abroad (in USA for example) or in other store's of the same brand. I have written my name and address on a blank paper...and they mispelled it! I have given my passport to them (I don't know if ther make a copy, i can't remember). I have been in the toilet (not sure if it should be an useful information) and then wait for te police.

I am sure to not have signed anything in the store.

2) The Security members told me something about an internal security database (they took a pictures of me and my "other individual(s)" with a mobile phone).

3) The store was Harrod's.

[Amethyst]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

Well I didn't know Harrods used RLP - I shall have to write to them about the BIS Guidance for misleading practices ( http://www.legalbeagles.info/forums/...0&d=1408451752 ) . Thank you.

The photograph will be for their internal database as presumably you have been banned from returning to the store ? so will just be for that. I don't know why they took your passport - I think [MENTION=30549]bluebottle[/MENTION] or others will be able to help you on the procedures the security staff took with you - but I very much doubt they will be making a Wanted Poster - it's not the wild west lol.

[DylanDog]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

According to you is it possibile to be un-banned from the store? I think that I will come back one day in Harrod's as a free man.

Do I have to write something to Harrod's or RLP about my privacy concerns?
Or just waiting for more and more letters about this issue? I think that my defence is strong.

[EXC]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

The store will have the right to ban anyone they want. I wouldn't engage with the store or RLP at all.

[DylanDog]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

The store will have the right to ban anyone they want. I wouldn't engage with the store or RLP at all.

Tnx for your suggestion.

[bluebottle]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

Having looked at RLP's letter, I note it contains the following -

"...you entered our client's premises...committed an unlawful act of conversion and trespass, together with other individuals, causing loss to our client."

I have checked the civil tort of Conversion and, as far as I have been able to deduce, unless RLP and the retailer can prove deprivation of goods, their chances of successfully litigating such a claim are very slim indeed. In fact, I would go as far as to say they have a cat in hell's chance of successfully litigating it.

With regard to your experiences at the police station, no, you were not sent to jail. Only a court can do that. The police can lawfully detain you whilst they conduct further enquiries and this is what they probably did in your case.

Private security staff have no power or right to demand your name, address or other personal details and you are under no obligation to give them.

Have you been allowed to see the "evidence" of the act of ripping price labels of merchandise this security person claims they saw? If not, how can you admit to it or deny it?

As for RLP sending you correspondence using your personal details obtained by the retailer's security staff, I would be inclined to speak to the Information Commissioner's Office about this. The ICO is tasked with ensuring the provisions of the Data Protection Act 1998 are complied with and individuals' rights are respected. Call them after New Year. Their website is at www.ico.org.uk

[wales01man]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

Its about time it was RLP RIP no place for companies like this unless we privatise the Police then not this bunch

[bluebottle]

Re: Retail Loss Prevention - Civil Recovery Case Study (police caution + letter from

Its about time it was RLP RIP no place for companies like this unless we privatise the Police then not this bunch

The new legislation that is coming in to deal with aggressive and/or misleading business practices may be what is needed to help hasten the demise of the likes of RLP.

Happy New Year, Wales!mashappy: