Accused wrongly for attempted theft by major shop chain.

[Darekmoviefan]

On Wednesday a month ago at midday I was visiting my local shop - a part of major shop chain in UK as I regularly was shopping (I live just 2 minutes from it).

I had not made a purchase as I decided to come back and make my selection later, as I was due for an appointment.

Upon leaving the store I was approached by the store security guard on the street who asked me to follow him into the office. I was slightly confused but I agreed to come back into the store and into the office.

 

I was marched across the store and escorted to the Managers office where other employees were present.

 

Security was then joined by another store manager .I presume (she hasn’t introduced herself to me so I can only assume so).

The Gentleman then explained that he was told by his manager to serve me with Notice of Trespass- ban me from the shop.

The reason for this notice being the fact that on a few (i was never told on how many - which leads me to believe that they never did checked that) occasions I have been seen selecting the product and putting it back on the shelf which according to the Store manager constituted as a “attempted theft”.

 

 

I was then forced to give up my Name and address threatened with police for the purpose of taking my identification details. At that point I was so confused, shocked and threatened that I obeyed the shop staff instructions. I was explained that the notice involves any chain stores across the country.

 

 

May I add that at all times there was store staff present in the office which greatly contributed to making me feel humiliated and threatened.

 

 

After about half an hour of this ordeal i was told that the security must take a photo of me.

 

 

At that point i felt I am being bullied and assaulted by the shop staff in the manner I have never been treated in my entire life. I asked for the police to be called. The security then “changed his story” and said that the police will not come as there is no offence committed.

 

 

I was given the copy of the Notice of the trespass and escorted from the shop.

 

 

Since then i have been in contact with the shop's executives who lifted the ban and offered a small compensation.

I am pretty sure that

1. The actions of the shop on the day in were based on the "suspicion" and not on the basis of genuine belief - they did not study any CCTV or if they did - they missed 3 years of my regular shopping in this store (i live in the area for more than 4 years)

 

2. they had no right to accuse me (which is basically what they did) of theft infront of store staff.

 

3. They certainly did not had the right to take a picture of me (which was admitted by the store general Manager)

 

The Chain is trying to hush my complain by giving me now 100 pounds in vouchers but asks me to comeback to the shop to pick them up - and since i was humiliated there I would rather not do that and I am not sure when will i be able to ever go back to the shop.

 

I am a Manager myself - a regular member of the public - never committed any crime.

 

Can anyone please advise me on the course of action i should take as I am deeply offended still and the 100 pounds of apology for humiliating me in such way doesn't appeal to me.

Edited July 26, 2012 by citizenB
formatted and font size increased for easier reading

[honeybee13]

Hello and welcome to CAG.

 

I'll move this to the forum about RLP and shoplifting and see if the guys have any comments for you.

 

My best, HB

[Sidewinder]

Sad state of affairs. You need to make sure that the store have also destroyed the photograph which they have of you and that they also destroy any record held about you in relation to any alleged 'attempted theft' AND give a written assurance that your details have not bee shared with any third party organisation. Do this as a demand to cease processing data under Section 10 of the DPA.

 

Probably also worth writing to the CEO of the group concerned as well. Not only their security arrangements, but also the manner in which they deal with their customers and the interpretation which they use for customers browsing the goods on the shelf also need scrutiny!

 

Will they increase their compensation offer? I don't know, and short of a complaint I do not believe that there are an viable grounds to threaten legal action. If you want to accept the vouchers, then insist on them being posted to you.

[citizenB]

Damned if I would accept vouchers for their store - I wouldnt ever want to go back. This is disgraceful and agree with Sidewinder, you need to write to the head honcho for an apology.

[stu007]

Hi

 

So let me see:

 

1. You were illegally detained by the stores management and security.

2. You were verbally harassed, bullied and threatened in front of other store employees by that stores management and security.

3. You were forced by the stores management and security to give out your personal data due to false accusations.

4. You felt physically threatened by the securities demand that they take a photograph of you without a valid reason still being threatening.

5. You requested the Police attended and were refused your request by the stores management and security.

 

After all that the store that caused this event has the cheek to offer you £100 in vouchers but you have to collect them yourself after being threatened and bullied by that stores management and security. WHO THE HELL DO THEY THINK THEY ARE!!!!!!!

 

I would certainly not accept that offer and would now write to the Stores Head Office and direct your letter to the CEO as an Official Complaint enclosing copies of your correspondence with that stores management. (Remember that store may be trying to keep this incident inhouse so to speak).

[Darekmoviefan]

First of all thank you all for taking the time to reply to my post.

 

I did contacted the CEO of this chain (took not a long time on google) and emailed his office.

I was contacted by then "supposably" his office who got me in toch (after investigation) with their store General Manager (the store in question).

 

The more I think about it the more convinced I am that they are scared a little bit of legal proceedings.

 

To me it is not about whether or not I get any money - it's my selfrespect and I think they don't quite apreciate it.

 

Thanks for the tip about the DPA - that's good to remember. I bet you they still have got my details on their file despite saying that the ban on the stores is lifted.

 

Good lawyer would make them change their procedures (which I will demand) and I would also love to know what they have done about my case in relation what training or disciplinary they served.

 

My situation is surreal - to think that if i came up to an innocent stranger on the street and told him "I think you are a thief" i would be sued immediately but the store can shout it out in the office full of other people and think they can get away with it.

[2Grumpy]

At first I was surprised by this, then remembered how the retail industry re-invent the law to suit themselves

 

It might be worth enquiring whether they have retained the CCTV and then requesting a copy.

 

I suspect that after this length of time, unless they copied it to a DVD at the time, that it will be lost

 

I would demand more vouchers, then take pleasure in going to the shop and asking if they remembered you at the checkout, security, management etc and showing them the vouchers that head office had given you as a result of their shameful treatment of you, calling you a thief etc. I would do all of that in a really loud voice, then leave the goods at the checkout & walk out. After a few visits they might get the message.

 

I would also be knocking on the manager's door, demanding to be led to see the file that they had kept about the incident without giving them an opportunity to doctor it first

 

I would also be hoping for a letter from RLP

[Pam Dell]

Take the vouchers, if you don't want them give them to someone else.

 

Don't ever shop in that store or any of its other stores again.

 

Don't let the matter drop if you are seeking further remedies.

 

Which store was it so we can all be warned about their mode of conduct?

[2Grumpy]

Definitely get the vouchers

 

You can make a big thing of the reason for the vouchers when you collect them ... maybe demand an apology from all of those involved

 

Once you have the vouchers, hang on to them. If you were to go to the press, they would show that something had happened.

 

If they ask you to sign anything, I would walk out of the shop with whatever they asked you to sign - to get advice (from here) first - and you can only get advice if you know what you were being asked to sign.

[rebel11]

Hi darek

 

I would go into the store, ask for the manageress that pretty much accused you of theft, she can be your 'personal shopper'. Basically you need help shopping, you do exactly what you were accused of and keep doing it, see what she does about it. That will teach her a lesson.

[Pam Dell]

Yes, good idea, go to the press.

[Yukiko]

Their actions were not to arrest you, they were to talk with you. If they'd said "I'm detaining you under section one of the Police and Criminal Evidence act for theft; you do not have to say anything, but it may harm your defence if you do not mention when questioned, something which you may later rely on in court. Anything you do say may be used in evidence", they haven't legally detained you. If they locked the door or prevented you from leaving, then they acted incorrectly.

 

Suspicion is something Security Officers should never act on and can lose them their SIA license (If granted) and have them fined for false arrest etc.

 

You need to say that you intend to take action for false arrest if you were held against your will. If not, you went into the office to speak with the manager; something which they will say is a priviledge in todays retail world.