Shop taking civil action

simmoshouse

Although this is probably not the best place for this post i would be grateful if anyone can offer advice.

My 16 year old Niece was recently shopping with a friend who was caught shop lifting. The police were called but after being interviewed and the police reviewing the CCTV they have confirmed that she is not guilty of any wrong doing. The friend has since sent her a text and my sister (her mum) a letter apologising for getting her in trouble and confirming that my niece had nothing to do with the theft (the shop are calling it deception as the girl who stole the goods valued at £15, actually paid for something else)

The shop have now sent my sister a letter stating that they are treating this as a civil matter and charging her around £150 for the time taken by the staff in looking into the theft – they have also banned my niece from all their shops. As the police have confirmed that she is not guilty, coupled with the fact that the friend has admitted it was solely down to her, do the shop have any grounds for taking this action against my niece/sister? My sister is a single parent and can ill afford to pay the sum to the shop, or pay a solicitor for advice, but is worried about what action they can take if she doesn’t, i.e. registering a bad debt against her etc.

My view is that she is not liable to pay the “fine” but I would grateful for a legal opinion and in particular any words we can use when replying to the shop.

Thanks

donaldsl1

has your sister spoken to any management at the shop regarding this situation?

neilmcl

As your niece was presumed not guilty of commiting any offence then I'd imagine it difficult for the shop to take a civil recovery action against her. Your sister and niece should speak to store's head office and explain the situation. If they wish to continue then refuse to pay and see if they will take it to court, I'd very much doubt they will.

McKneff

And if they did they would be laughed out of it.

Tell them to jog on..............

neilmcl

This may be worth a read: http://www.citizensadvice.org.uk/press_20090812 I think it may be worth giving the CAB a call as well.

pulliptears

There is a whole forum dedicated to retail loss prevention as they call it over on the Consumer Action Group:

http://www.consumeractiongroup.co.uk/forum/retail-loss-prevention/

From what I can gather this is a private company and general advice over there seems to be "If you are innocent, don't pay"

I'd suggest a post over there and they will help you write letters etc

Jakg

They can ban whoever they like for whatever reason, but they can't charge your niece - they are invoicing her, effectively...

I'd try to contact the store management, and if that fails i'd send them an facetious invoice for all sorts of weird and wonderful charges, and if they try to hassle her pay, do the same to them...

Although I probably wouldn't want to get unbanned in the first place...

simmoshouse

Thanks for the help and advice. Upon further enquiry it appears that the store involved, Claires Accessories, have an industry in these claims. Not really bothered about getting the ban lifted its just the claim that we are aiming to counter or ignore.

Cheers

pmduk

Think of how much that ban will save you if she can't buy their products in future!

fluffnutter

It's nothing but extortion. Charge them for your niece's time that she spent waiting for and being interviewed by the police (which was at their behest after all) plus your time, your sister's time and a ex gratia payment for the distress caused by being wrongly accused of a crime. They sell nothing but tat anyway so who cares about the ban. Not content with screwing money out of six year olds for plastic sh!te, they clearly have a very dubious approach to how they generate money generally. And she needs some nicer friends.

jamespir

tescos take civil action if youre caught steal from them it says in there doorway so i think they could

and if your niece hangs reound with people who shop lift then she deserves whats coming to her