I was caught at TKMaxx and rtp they used force on me

[kidcon]

My girlfriend have seen a watched and she tried it

,i take it from the box and she was puting on her hand while we are speaking about a jacket that we have seen to go and try it,

 

we forget about that watch on her hand,

they came 2 muscle retail prevent they ask me to go with them ,

 

 

i said that i will go and i ask them why they are using force on my girlfirned and on me not,

because it not fair to take somebody with force,

 

i was cooperate,

i was telling that we wanted to go and see a jacket and we forget about the watch and we gonna pay for the watch,

they didn't want to let us to pay for watch, they wanted to call the police

 

i said to them i will leave the building,

while i was taking my girlfriend by the hand they jump on me and starting to hit me and put the force on my head,

hands everywhere

 

 

,i was trying to get up and i was again put down while one of rtp they put they knees on me and leg,

i don't know it exactly, this was happin in the security room.,

 

they call the police and the police was showing the video

,i give my details,

they take all my details.

 

 

the price of watch was 14.99 pounds and they said that i am gonna pay a fine and ban from tk maxx everywhere.

 

what do you believe that i must do ?!

 

i don't want to have a record for my crb and police told me under act 3 or something like this they have the legal right the protect them and use force, they scream on me and i was spealing louder,

 

i said if they have something with me let go outside and settle down

but as long they live my girlfriend, because they used force and also she have a surgery on her and she is very sensitive

Edited February 5, 2017 by dx100uk

[honeybee13]

Hello and welcome to CAG.

 

People should be here during the weekend with advice for you, please bear with us until they're able to get here.

 

Have you had any letters about this please?

 

My best, HB

[determindator]

I'm not sure about this but if you didn't leave the building with the watch it hasn't actually been stolen. As HB says others on the site will be able to assist you further.

[BazzaS]

An offender doesn't have to leave the building for the offence to be made out as long as they have passed the last point at which they could have made payment.

[dx100uk]

did they get the watch back.

 

 

dx

[kidcon]

yes my girlfriend give them the watch and we even wanted the watch and to pay for it

,we didn't left the mall only the shop and we've been fully coooperated but they ve been so rude and acting like they were a gang in ghetto.

 

 

so i wanted to ask you if i wanted to leave the place and they jump on me

they have the legal right to jump on me and knock on me on the floor ?

 

 

because i understand that they don;t have this legal right to detain you only the police have this power.

Edited February 5, 2017 by kidcon

[silverfox1961]

Hi and welcome to CAG.

Firstly an apology. I struggle to read text from a person that has English as a second language. That is not your fault. It is mine so I will try and piece this together.

 

Watch taken out of box and placed on wrist.

Wore watch whilst walking around store. Where was the box?

TKMaxx security used force and you submit they used excessive violence.

Police called. What did they do? Arrest? Caution? No action? Did the police take your details?

 

As you can see, a lot of questions.

 

I suggest that you send a Subject Access Request to TKMaxx to get the video evidence of what they recorded.

 

With RLP, just ignore them.

[kidcon]

police they take our details

,they check if our phones are stolen or something like this.

no arrest.

no nothing,

is something under 15 pounds.

 

 

My girlfriend had the watch on her hand and because we speak about the jacket we forget,

they came after us,

we cooperate with them and i told them not to touch my girlfriend like that

,to not use force because she is having a surgery and she is very sensitive and i can call a friend to assist me,

 

 

we reach in the room,

they didn't want to let say something,

i said that he doesn't have legal right to retain us.

 

 

we give the watch,

we even want to pay for the watch but they didn't want to do it,

i said that i will leave the building and i was takin my girlfriend by the hand and

 

 

while i was trying to get from the room

they take my neck ,and give some hits in my legs to put me down.

 

 

i mention that i didn't start a fight with them or something like this

Edited February 5, 2017 by kidcon

[BazzaS]

If they reasonably suspected you of theft, and had called the police, they can detain you.

They can also use reasonable force, (only if required, which is covered by 'reasonable : if it wasn't required it wouldn't be 'reasonable'!)

 

If you tried to leave (and more than once!) after they had told you you had to stay until the police arrived : they can stop you leaving.

 

If you hadn't had left with unpaid for goods : you could sue them for

unlawful arrest, leading to

False imprisonment, and

assault.

 

Given what you have described, the initial detention was lawful.

As a result it isn't false imprisonment, and as a result (provided the force used was reasonable) : it wasn't assault.

(Common Assault is the unlawful application of physical force : if it wasn't unlawful it isn't assault).

 

I don't think you can say they have done anything wrong (from what you have described).

 

That doesn't mean you have to pay any invoices you get from RLP though : just that you are unlikely to be able to sue them for detaining you.

[kidcon]

was a mistake

but we offer to pay,

 

they said that i am complice and my girlfriend stole the watch,

 

we didn't leave the mall,

 

we just leave the store.

 

when i wanted to leave the building,we already give them the watch ?

 

 

do you believe that our crb will gonna have a record because police was takin the details ?

Edited February 5, 2017 by kidcon

[dx100uk]

right

you left the store

so they had the right to detain you

ok prob a bit stupid to try and leave until you were told you could.

 

RLP TKMAXX or any of those

cant effect CRB

jobs

travel etc

 

you'll get scary letters from RLP

you IGNORE THEM TOTALLY.

 

now forget about what happened

 

go enjoy your life

 

the police weren't interested

they are the ONLY ones to be concerned about.

 

they don't wanna know

and now cant get involve

 

forget all about it

 

dx

[kidcon]

Thanks mate,i will do it and i will never ever go in a stupid store like tkmaxx.

[silverfox1961]

I have to agree with everything said before. As you had left the store with the watch, that is theft and security had the right to detain you.

 

The police have taken your details and they will be kept and it is likely that might be disclosed should a potential employer ask for an Enhanced CRB check.

 

If you are in the UK on a visa then this matter should not affect any new application.

 

I can't agree with you that TKMaxx is a stupid store. Over priced but not stupid.

 

When you get the RLP letters-ignore

[ericsbrother]

in law the word reasonable means a different thing to it does in common speech,

it means considered, irrespective of how much force is applied

ie the person using the force must not lose their temper.

 

 

generally it will be the minimum amount of force necessary to prevent a further breach of the peace so sitting on someone to stop them getting up and running away is reasonable force, tying them up never is.