Falsely accused of shoplifting in Debenhams

[privatetrey]

Please assist me to put this inthe right place as it’s my first time here and have no idea if I have posted inthe right place. I apologise for the novel in advance. I was arrested forshoplifting perfumes in a Debenhams shop with a friend which I did not do andstill refuse. The evidence that they have is the security guard who assumed andstopped us leaving Debenhams shop. He claimed he followed us round the shopfrom picking up fragrances and to the point where he said we removed thesecurity tags and put the perfumes in the bag. The security guard statement isso wrong and untrue it made me realise he assumed we took the perfumes. Thestory is I had a dress and perfumes to swap for the ones i liked. i firstswapped the dress and the person didn’t give me any issues. So I met my friendand put perfume gift boxes into the debenhams shopping basket to swap with theones i had in the debenhams plastic bag. I tried to swap the perfumes but thelady at the store said that there was no way to prove the perfumes were theirstore and due to hygiene reasons they won’t be able to swap them so i went leftthe debenhams shopping bags with the other items on the floor. When leaving thestore the two security guards stop us outside and escorted us to the back room.While walking down I tried to take my phone off the bag and the security guardtook it off me. I was so scared and crying. The police searched our bags andthey found couple of clothes without receipts but they were more interested inthe perfumes. We were arrested and taken to the station where the solicitorarrived and we were interviewed. During my interview I was informed my friendaccepted stealing but I refused and informed them that I was going to change theperfumes for the ones I liked as I also was in possession of their dress whichI had gone to change for a size and had no receipt for it when arriving at theshop. They say they will give me a caution and I refused as I did nothing wrongand caution seems as if I am accepting liability and I have never been arrested.My friend accepted and given a caution and has been previously arrested and Iwonder how this will go in court. The fact that the person I was with acceptedthe crime although she refused and told them that she had not seen me stealanything. Please help me to have an idea what to expect to how to preparemyself….

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

First of all don't panic! :tongue2: OK these major department stores are equipped with CCTV. I would stop crying and write politely to the store manager and ask to see the CCTV footage of the day in question. They should cover the perfume section. The other way they can prove you have 'taken' these items is to show a shortfall in the stock from their inventory vs an actual stock take. Don't accept an accusation, if you didn't do it simply face the store down. Also if you returned a dress ask to speak to the staff (in front of the manager) who were on duty on the day at the rough time you had problems. You be able to recognise the staff member you dealt with! Failing that come back..

[stevemLS]

Re: Falsely accused of shoplifting in Debenhams

I can see why what you did looked suspicious - it does not assist that you had no receipts for the perfumes you wanted to change.

Why on earth didn't you deal with the perfume at the same time as you changed the dress.

I think the best advice to you is to get an experienced criminal solicitor.

ETA: I rather suspect that if you attempt to speak to the store staff you may well find yourself further accused of attempting to interfere with witnesses. That is a far more serious matter than petty theft. If you instruct a solicitor, they will be able to get CCTV footage on your behalf.

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

I can see why what you did looked suspicious - it does not assist that you had no receipts for the perfumes you wanted to change.

Why on earth didn't you deal with the perfume at the same time as you changed the dress.

I think the best advice to you is to get an experienced criminal solicitor.

I ran a shop for years, believe me the public bring things back without receipts all the time the bigger stores often will just swap out. Plus certain items are exempt returns policy most notably earstuds. Perfume almost certainly fits this bill

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

I can see why what you did looked suspicious - it does not assist that you had no receipts for the perfumes you wanted to change.

Why on earth didn't you deal with the perfume at the same time as you changed the dress.

I think the best advice to you is to get an experienced criminal solicitor.

ETA: I rather suspect that if you attempt to speak to the store staff you may well find yourself further accused of attempting to interfere with witnesses. That is a far more serious matter than petty theft. If you instruct a solicitor, they will be able to get CCTV footage on your behalf.

No if you returned a dress as long as you simply seek to confirm that in front of the store manager thats not interfering with a witness. Ask the police to attend if you like

[MissFM]

Re: Falsely accused of shoplifting in Debenhams

One of the problems you have is that it's a well-known shoplifting scam to steal something and then try to exchange or obtain a refund saying that the receipts have been mislaid. (I'm not suggesting that this is what you did, just that it might have a bearing on their thinking).

It also doesn't look good that there were two of you and your companion admitted stealing (they will have assumed that you were working together).

Both the posts (2 & 3) above are good advice.

I did at first think Steve was going over the top with the "experienced criminal solicitor" but on reflection think it's the best thing for it. Make sure it's a solicitor experienced in defending. I believe such representation is eligible for legal aid.

Good luck. x

[stevemLS]

Re: Falsely accused of shoplifting in Debenhams

. Don't accept an accusation, if you didn't do it simply face the store down. Also if you returned a dress ask to speak to the staff (in front of the manager) who were on duty on the day at the rough time you had problems. You be able to recognise the staff member you dealt with! Failing that come back..

This is what worried me and suggests rather more than you now advise.

The best advice you will get is to instruct a solicitor.

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

One of the problems you have is that it's a well-known shoplifting scam to steal something and then try to exchange or obtain a refund saying that the receipts have been mislaid. (I'm not suggesting that this is what you did, just that it might have a bearing on their thinking).

It also doesn't look good that there were two of you and your companion admitted stealing (they will have assumed that you were working together).

Both the posts above are good advice.

I did at first think Steve was going over the top with the "experienced criminal solicitor" but on reflection think it's the best thing for it. Make sure it's a solicitor experienced in defending. I believe such representation is eligible for legal aid.

Good luck. x

I must admit I was part of a radio scheme linking all the shops together so got to hear the various incidents and attempting to obtain refunds from non purchased items is commonplace.If you can run to a decent solicitor then good, I offer up my opinion merely as one who has had to deal with shoplifting from the shopkeepers perspective.

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

This is what worried me and suggests rather more than you now advise.

The best advice you will get is to instruct a solicitor.

I'm surprised the store didn't attempt to check this story out at the time. Returns and exchanges are recorded

[MissFM]

Re: Falsely accused of shoplifting in Debenhams

A further thought - surely all these items are security tagged and the tags have to be removed at checkout?

So if the goods you had with you when you left the store, which I understand to have been your own, had no security tags how can they accuse you of stealing them?

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

A further thought - surely all these items are security tagged and the tags have to be removed at checkout?

So if the goods you had with you when you left the store, which I understand to have been your own, had no security tags how can they accuse you of stealing them?

Some items can't be security tagged effectively perfume being one. However the reason the dress story needs checking is that it would be tagged, you have a special clip for removing the tag, usually at the checkout. Shoplifters line their bags to get stuff out the door but removing the tags is very difficult and tends to damage the material

[stevemLS]

Re: Falsely accused of shoplifting in Debenhams

OP says that security guard said they had removed tags. If OP had been given them as gifts etc then either she or the giver could quite legitimately have removed tags.

From my rather hazy recollection of criminal procedure I don't think her companion's acceptance of a caution would be permitted to be adduced in evidence as it would be extremely prejudicial to OP's right to a fair trial.

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

I remember shoplifters stealing a 12 foot bouncy castle.... They did get caught....

[Mineral1]

Re: Falsely accused of shoplifting in Debenhams

OP says that security guard said they had removed tags. If OP had been given them as gifts etc then either she or the giver could quite legitimately have removed tags.

From my rather hazy recollection of criminal procedure I don't think her companion's acceptance of a caution would be permitted to be adduced in evidence as it would be extremely prejudicial to OP's right to a fair trial.

Tags very difficult to shift from clothes.

[stevemLS]

Re: Falsely accused of shoplifting in Debenhams

Sorry - I meant tags on the perfume - aren't they usually those little white stick on things that can just be peeled off?