Accused of theft in TK maxx

[SteveGraft]

Basically I was browsing around TK maxx for around 15 minutes when I realised I had lost my wallet outside the store, I briskly walked out foolishly with my basket still in my hands. As I left the alarm did not sound so I assumed I was okay but around 10 days later the police knocked at my door asking if I visited the store since then they asked if I would attend the station under caution with a duty solicitor present for interview. What do I do ??

[ostell]

Re: Accused of theft in TK maxx

So how did the police know who to contact?

[SteveGraft]

Re: Accused of theft in TK maxx

I was stupidly caught shoplifting at a other TKmaxx store the week before goods below £200 and was given a fine by the police and a banning order from the store

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They have identified by means of CCTV

[ostell]

Re: Accused of theft in TK maxx

Who gave you a fine? The police have no authority to fine you, only courts can do that. I don't think there are Fixed Penalty Notices for shoplifting.

Were all the goods recovered undamaged?

[SteveGraft]

Re: Accused of theft in TK maxx

Was issued with a £90 fine by the police States at the top 'Merseyside Police Penalty notice'

then have just recieved through the post a letter from RLP a civil recovery company asking for £197.50

all the goods where intact no tags removed all as expected untouched

[des8]

Re: Accused of theft in TK maxx

For the first time you were given a Fixed Penalty Notice, code DA12 for an upper tier offence [under s.1(1) TheftAct 1968] of theft from retail premises of goods to value under £100.
In the event of a second offence another FPN cannot be given, and cannot be given for goods valued above £100
By accepting the FPN and paying the £90 penalty you avoid being convicted of the crime, and paying it is not an admission of guilt.
It does not give you a criminal record, although it will be noted on the police national computer.

The RLP letter can be ignored, as can their subsequent requests for payment.
There are lots of threads on here regarding RLP.

At this interview you should be saying nothing at all. There are two things you need to remember1) you always need a solicitor. 2) never admit to anything in any circumstances unless your legal advisors tell you that you would get a good deal if you did so. Silence is golden at a police station unless you can truthfully advance an innocent account.
It is more than likely they do not have sufficient evidence if all they have is a grainy CCTV of you leaving the store (you havent admitted the offence, have you?) so leave it to your solcitor.
Rather than using the duty solicitor it might be better to turn up with your own.

Good luck

[Arcadian]

Re: Accused of theft in TK maxx

I believe it was Lady Bracknell in "The Importance of Being Ernest" who didn't say "To accidentally shoplift once, Mr Worthing, may be regarded as a misfortune; for it to happen twice looks like carelessness".

Did they let you keep the basket?

[SteveGraft]

Re: Accused of theft in TK maxx

Thanks for the advice Des8 you have it spot on in one message, really appreciate it I have been a fool I know. Thinking along the lines of silence is golden do I admit to being in the store ? Or do I deny that is me on the CCTV ?

[des8]

Re: Accused of theft in TK maxx

The advice is to take the advice of your solicitor, and until then say nowt and admit less!
Each case will need ts own approach, and your solicitor will be in the best position to advise you, not an anonymouse well meaning forum.

[wales01man]

Re: Accused of theft in TK maxx

ADVICE Keep out of shops unless your hands are tied together get a Solicitor and sort this next time you maybe in the Magistrates court

[SteveGraft]

Re: Accused of theft in TK maxx

Attempted to pay penalty notic from police the officer didn't put the digits in the box therefore the ticket is invalid Merseyside police have confirmed this and I have sent the ticket electronically by email to them. How does that effect things ?

[des8]

Re: Accused of theft in TK maxx

Their error should not make any difference to your interview technique of silence for the second incident.

As you had accepted an invalid FPN for the first incident, I think the police will cancel it.
By accepting a valid FPN you have the opportunity to discharge liability to a conviction. Payment of that penalty " involves _no admission of guilt_ and will _not_
result in a record of criminal conviction"
I suspect as the time has passed that they cannot issue a "correction" to the FPN,and if they wish to proceed further, would have to have the matter dealt with in court, which as the proper procedures have not been followed will give your defence a field day