M & S Shoplifting issues.

[Guest]

Hi

10 days ago I was in M & S when there was 90% clearance sale. I liked a jacket that was £9.99 but had no tag/ price on it. I picked it went upstairs to see men clearance section where 2 men were standing and started spying on me. I used the toilet then I came downstairs and saw one of the same man staring at me. I ignored him. Afterwards, a stupid idea came to my mind and I put the jacket in my big bag and thought if I take it home who will know. I have financial crises these days due to no job. I had not even stepped outside the shop when a person came behind me, stopped me, showed his ID card and told me to follow him. I was scarred because he carried me to the basement that was a daunting place. He also called a lady with her. I asked what are you going to do with me? They said we are taking you to the office which was actually a small dirty room with a table and chair. He asked me to sit and open my bag which I did. He took the jacket and handed it to the lady. I kept silent did not know what to do in this situation? He then asked me to sign a paper. I told him I want to read it, he said if you don't sign I will call the police. I was more scared still I quickly went through the document which said I had to pay fine etc and I am banned from their stores. I asked why they are doing it to me he again told me if I don't agree they will call police. The lady shouted you have accepted that you have stolen things. On pressurizing, I signed the paper then they asked for ID. I first said that I have only library card and I am not sure if I have an ID with me right now( I changed my bag that day).I started searching for any e-copy in my mobile. They again terrified me and said if I could not produce an ID they will call police. I started searching in my bag again and found my driving license. On which he said oh wow you got a driving license. Then he said oh you are from.......country which I felt as a racist comment. He then noted my name, address and date of birth. I thought it was over but then he asked me to take off my mask. I said I cant as it is not safe in COVID 19 and is against the law. He again terrified me with police name. I took off the mask, he then took a picture of me with his mobile and on asking told me it is for his own records. The paper I had signed said that I will have to pay fines. I asked him what sort of fine. He told me I might have to pay £ 107 on receiving the letter. On further questing about any criminal record being entered against me. He said it is just a warning for you nothing else. I was then allowed to leave the room. I was so much embarrassed and thought I had lost my self respect forever. I cried for days, had aftershocks and nightmares. I pray to GOD and ask him for forgiveness daily. I now try to help others more than before just to feel relaxed and pray that one day GOD will like my good deeds and forgive me. To be honest, I have no savings at all. I thought it is just a warning but I received a letter from DWF who have asked me to pay £85 security cost in 14 days. Believe me or not, I have never ever spent this much money in a single go for myself. I am stressed I have not even stepped in M & S after that event. I daily pass through that store and I have to take a longer route to enter other shops. I cant tell my family who support me financially about this event I am already embarrassed. What should I do? Any help is appreciated. Should I pay £85 or not? I don't want my family to know about it.

[ostell]

No you should not pay DWF. Just file the letter in a safe place. A private company cannot issue a find. There were no security costs, the security people were doing the job they were paid to do. They would have been paid whether you were there or not. No loss

[Scot22]

My understanding is that unless you have left the premises you are not actually guilty of theft. You were taking a long route to the till. I hope someone qualified can clarify this.
You mention God. My belief is that God does not judge he simply loves. We should all try to live with concern to do right to our fellow humans.

[des8]

My understanding is that unless you have left the premises you are not actually guilty of theft.

That is incorrect
Theft Act 1968 sec 1:
1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;

it is the intention that matters, so if one picks up an item with the intention of keeping it dishonestly then the act of theft is completed.

You will get half a dozen letters from DWF begging you to pay, or else the world will fall in on you!
You can read them here: https://legalbeagles.info/forums/for...rs-rlp-and-dwf and then ignore them!

[Scot22]

Thanks for that. Is it not at least arguable that you did not intend to keep the item and would have paid before leaving. Therefore not demonstrated intention. Admission obviously under duress.

[des8]

Yes, the mens rea has to be there, and in practice someone seen furtively slipping a half bottle of whisky into their overcoat bottle would be demonstrating the intention.

[MIKE770]

mind you M&S pricing for drab cloths etc is another gross over the limit subject! and get away with it as they impress Humans to shop there trying to make out it is cheaper than Harrods who do sale good quality items at get away with pricing!