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Shop security guard

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  • Shop security guard

    Hi, I’d be grateful for any help and information with regards to the following. I was detained for shoplifting yesterday at a Wilko store. I had already been in store and not purchased (or taken) anything and at the entrance to the store they had some indoor and garden plants. I saw a few that I wanted to buy but there were no bags or baskets to place the items in so I used a carrier bag of my own & as I was about to turn to re enter the store a person claiming to be security grabbed me & told me to go back into the shop with him.
    In the office he said he’d seen me bag the items and had stopped me for stealing. He refused to listen to anything and kept going on about being in the job 22 years, had heard it all before, etc.
    He then grabbed the rest of my bags and said he was allowed to search everything else too. He asked for receipts for everything & all I had was 7-8 items of food I’d bought from the Asda earlier on & had thrown the receipt in the bin at the exit of the store.
    I told him all this and he then said if I couldn’t prove I’d paid he was confiscating everything.
    There was also a pair of pliers (in a bag) at the bottom of one bag and straight away he started going on about going equipped to commit more serious thefts (taking tags off items). I tried to explain they’d been bought earlier too but again he kept going on about he’d heard it all before, etc and confiscated them and my shopping bags too (again saying the bags were me going equipped).
    He told me if I wanted anything back I had to prove I’d paid and to go back to the shops I’d got the items from and get a receipt reprinted and if I could get back to the Wilko before it closed in 20 mins I could have everything back.
    Also in my bag I had a bank statement of my own and one of my sister’s which she had given me as proof of identity to collect a parcel on her behalf. He took a picture of both and then told me I was going to be given a barring letter and that he would send those details to head office & I’d be getting a fine letter (about £150) and that also he’d be passing on my details to the police and to expect them to come round about me going equipped to commit offences.
    The barring letter needed to be signed by the store manager & whilst we were waiting another staff member came in & she said she recognised me from another store years ago and it turned out she knew me from where I lived and going out for walks with my dog. She started saying to the guy that she bet I used to steal right under her nose for years at the other store even though I’d only ever been in there a couple of times.
    They both also started going on about another guy that came in earlier and when he realised he was about to get caught he dropped the bag and ran off. The security guy started bragging about how he’d ‘sorted’ him out before and he ran off scared. They both carried on about how scum like us come in and steal and wgo did we think we were and why don’t we get a job like everyone else, etc.
    My worry now is about the fine letter (which sounds like a civil recovery letter), the visit from the police and also if they decide to send both to my sister’s house as well. Her husband opens their post and we don’t get on anyway but he’d be really angry about it and would tell everyone about it just to make me look bad.
    I was just also doing a little research and was reading that apparently the security guy had no right to search the rest of my bags without my consent? I didn’t give it he just grabbed the bags and said he was allowed to do what he wanted and if I didn’t let him he could easily call the police and let them do it and I’d be spending a night in a cell (scare tactics which he kept threatening me with).
    I’d be grateful if anyone could tell me what happens next and if there is anything I can do to sort this out? I work but am self employed and due to the Covid situation have had a dramatic fall in earnings over the last year so can’t really afford any legal representation or advice.
    Thanks in advance for any help and advice.

    Tags: None

  • #2
    You ignore anything that arrives asking for a payment to cover their losses. Indeed there has been no loss, you have lost as they have "confiscated" your items.

    The police will not be interested, unless you complain to them about the "confiscation" of goods, ie theft.

    The security "officer" has no rights at all to confiscate items in your bags. This is theft.

    I would write to the head office complaining about the theft of items you had with you by this over zealous security goon and demand that they return them or reimburse you for the cost and the inconvenience.

    Comment


    • #3
      ostell Thanks for the response. Obviously at the time and being in that situation can be very frightening and if you don’t know whether what they are telling you about their ‘rights’ is true or not and being afraid of them calling the police and having to spend a night in a cell you have no choice but to do as they say.
      Having now read everywhere that the guard had no right to even search my bags without my consent or to confiscate my items that’s why I thought to post here to confirm this (you can’t always believe what you read on the internet).
      Obviously I don’t want to have to pay any fine but I’m worried as I already said that if I ignore them they will send the demands to my sister which they may do anyway as they had no proof which was my address and which was hers so may decide to send to both anyway?
      That’s a relief at least if there will be no police visit as I was most worried about that as I wouldn’t be surprised after hearing them talking whilst waiting for the manager if the guard elaborated details and made me look like the next great train robber or something to the police and insisting they pay me a visit!
      As for contacting HO I had thought to do that so again thanks for suggesting the same and if you don’t mind my asking is there any legal statue or anything I can quote to back myself up and to show them I know what I am talking about and am within my rights to claim my items back and that I have been treated incorrectly (show them they were wrong and forget about taking any further action)? Thanks

      Comment


      • #4
        There can be no fine, fines can only be issued by the courts or official bodies. A private company cannot issue fines.

        The reason for the complaint is straight forward theft of your property purchased elsewhere on the the pretext of an illegal confiscation.

        Comment


        • #5
          My thoughts on previous purchases. First, go to the shop you bought the plyers from and get a receipt (HOPEFULLY YOU PAID BY C/C or DEBIT CARD ). On to your next purchase shop and again a copy receipt, I hope you paid by Card as there will be proof of purchase, Then on to Wilko and demand compensation for the trauma inflicted.

          Comment


          • #6
            ostell The ‘fine’ is what the guard told me would be arriving through the post and I assumed he was talking about something from a civil recovery firm. Apologies if I was mistaken as I thought RLP was a form of ‘fine’ as well? Thanks for the clarification and also for how to further proceed with trying to recover the items that were confiscated. Hope you don’t mind if I have any further queries at a later date and I come back to ask further advice.


            @DE DOGS Thanks for the response. Luckily I always pay by card so can produce a copy of my statement showing the purchases were made. I will go back to both stores too with the statement and request copies of the receipts and hopefully there shouldn’t be a problem getting them as I will need them to be reimbursed for the items the guard kept (saying they would be thrown away...yeah right)!
            I have also already contacted Wilko CS and requested to speak to someone in legal but was told there was no-one available as staff is at a minimum and they are mostly working from home. Operator did put me through to complaints and having explained to them what had happened I was told they would pass the details on to the escalations team and also a manager would be informed and to expect a call back which as of now I am still waiting for. Hope you also won’t mind if I come back to you for further advice if I have any other queries at a later date.

            Comment


            • #7
              ostell Wilko HO have finally rang back and have said their security guard can do what he wants with regards to searching your belongings and on your person if he suspects you of shoplifting and doesn’t need any prior consent and is also allowed to confiscate anything if he believes it has been illegally obtained and if proof of purchase can not be provided.
              As for me now providing proof of purchase they are claiming the items have been binned and as they did nothing wrong and were within their rights anyway there is no grounds for reimbursement of the confiscated items either and to just forget about it and move on!

              Comment


              • #8
                Originally posted by Timberland7 View Post
                ostell Wilko HO have finally rang back and have said their security guard can do what he wants with regards to searching your belongings and on your person if he suspects you of shoplifting and doesn’t need any prior consent and is also allowed to confiscate anything if he believes it has been illegally obtained and if proof of purchase can not be provided.
                As for me now providing proof of purchase they are claiming the items have been binned and as they did nothing wrong and were within their rights anyway there is no grounds for reimbursement of the confiscated items either and to just forget about it and move on!
                I stand to be corrected but that is B.....S. If this was me get proof of purchased items as I suggested. And we have a family member (security personnel) who is employed by Tesco and has been a security person going back to Alders, I am talking many many years, I will make it my business to clarify this is true.

                Comment


                • #9
                  The only people with the power to forcibly search someone or their bags if they have reasonable suspicion that the person is involved or likely to be involved in a crime are the police

                  Comment


                  • #10
                    Originally posted by des8 View Post
                    The only people with the power to forcibly search someone or their bags if they have reasonable suspicion that the person is involved or likely to be involved in a crime are the police
                    Des Correct

                    Comment

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