Accused of Theft In A Shop

bouicca21

The whole point is that no one can make you prove you are not a thief. It's up to them to prove that you are. !!!!!!, it's a basic principle of criminal law.

I strongly suspect that a cashier asking for proof of purchase in front of others in a way that amounts to an accusation of theft is open to a suit for slander.

rednax82

Strictly speaking they can't search you without your consent, or reasonable grounds to suspect theft.
Usually that would be a member of staff witnessing you putting the items in your bag.

It's up to the shop to prove that you have committed an offense, it's not up to you to prove that you haven't. Simply seeing an item in your trolley isn't really reasonable grounds, particularly for a common item.

You're well within your rights to leave the store and never return, unless they want to detain you while police attend. It would have to be pretty compelling evidence (like CCTV of you placing the items in your bag) for them to want to do that, as you could sue for damages, wrongful citizens arrest, etc.

The easiest thing to do is to show them your receipt, just as you would if you leave the store and the door alarms sound.

Billy_Bullocks

rednax82 wrote: »

Strictly speaking they can't search you without your consent,[STRIKE] or reasonable grounds to suspect theft. [/STRIKE]
Usually that would be a member of staff witnessing you putting the items in your bag.

It's up to the shop to prove that you have committed an offense, it's not up to you to prove that you haven't. Simply seeing an item in your trolley isn't really reasonable grounds, particularly for a common item.

You're well within your rights to leave the store and never return, unless they want to detain you while police attend. It would have to be pretty compelling evidence (like CCTV of you placing the items in your bag) for them to want to do that, as you could sue for damages, wrongful citizens arrest, etc.

The easiest thing to do is to show them your receipt, just as you would if you leave the store and the door alarms sound.

They can't search if they only suspect a theft has occurred.

Tabbytabbitha

deannatrois wrote: »

I totally agree Kingfisher, I get so annoyed with myself when I lose things. Unfortunately I do get overwhelmed in shops and a bit fumbly at tills. I try to reduce this by being organised but when overwhelmed things go wrong. I now have my travel card on a line around my neck cause I lost it twice in two weeks (have two kids with ASD as well and lost the travel cards because both kids were with me at the bus stop on the way home and I was dealing with them getting stressed out). Sorry I know it sounds like the mad being responsible for the inmates lol. Same with bank cards. Its very annoying. I do try to be organised to stop being overwhelmed but it doesn't always work. Its quite funny in an ironic way, I'm overwhelmed, trying to deal with two overwhelmed kids. And no I don't shout at them.., I just try to calm them down.

Now I've got more to worry about and I'd have felt a bit better (less viewing shopping as potentially dificult) if I knew shops can't do this. But such is life, can't be helped.

Sorry, didn't mean to post endlessly over what was essential two boxes of noodles (one has to have a soh about these situations). Thank you for your suggestions.

Wouldn't it be simpler just to go shopping when your children are at school?

EdwardB

deannatrois wrote: »

Today I was in a Bargain Buys Store just after buying some items in a B&M Store less than 50 yards away. I had a shopping trolley (mine for carrying shopping home) with two boxes of noodles amongst other items. I was just about to pay for the items in my basket when I was asked how the noodles had gotten into my trolley. It was fairly embarrassing. I said I bought them in B&M's a few minutes ago. The person standing beside the till persisted with 'but we have these in this store' pointing to the noodle boxes. I said "I don't care, I bought these from B&Ms". Fortunately I was able to find the receipt and prove it. Obviously they weren't really high value items.

But what if I hadn't?

I said to the person I was speaking to that they had questioned me in front of a number of people, and unless someone in the store had seen me put the items in my trolley from their shelves, they did not have cause to think I had stolen them.

Are they allowed to question me without any evidence I had stolen the items.., except for the fact that these noodles were in my shopping trolley? There is a store that sells obviously very similiar items 50 yards away. I can't be the only person to have bought items from one store, then go to another store that sells similar items.

I am sure it will seem like nothing to most, but I feel quite vulnerable to this happening again. Being accused of theft in front of a queue full of people.

As I said.., what if I hadn't had a receipt? I quite often get hassled when co-ordinating putting stuff away, putting money away, paying for items.., acknowledging what the till person is saying and quite often lose receipts.

Will writing to the store in question and asking that people aren't stopped without actual proof of theft (being seen removing items from shelves and putting them in their basket) do any good. Are they supposed to have proof before questioning customers?

Obviously I won't be going in there again. I didn't argue loudly or anything or get rude, but it was quite distressing.

I think you have done the right thing, call them out in a public forum, perhaps reply to their tweets with a link to this thread.

First off it is not theft until leave the store, albeit that if you stuff 20 items of clothing in your jacket you might attract attention!

My daughter was approached by security in TKMaxx, she had a suitcase from another shop, they said to her "are you going to pay for that suitcase", she was only 12 at the time. She said in a very loud voice, "FIRST OF ALL I BOUGHT THAT NEXT DOOR, SECONDLY YOU DO NOT EVEN SELL THIS SUITCASE HERE, THIRDLY I BOUGHT IT NEXT DOOR BECAUSE YOURS ARE RUBBISH AND FALL APART AND FOURTHLY, I ALREADY PAID FOR IT. PLEASE GET YOUR FACTS STRAIGHT BEFORE YOU GO ACCUSING PEOPLE"

I wish I had a video, I did ask the store for CCTV but they said it was not working (funny that always seems to be the case)!

As a master thief you really would steal a pack of noodles at 18p, I think Bargain Buys Store should put security devices on them, just to be sure!

Rest assured they are the ones who have to prove theft, you should complain to the head office of bargain buys store and the manager. They may sell 20,000 lines that are available in other shops but they have to prove your item was taken in their store.

If I am stopped, the first thing I do is pull my phone out and video myself, I then say is "I refute your suggestion and allegation, I am prepared to cooperate with you but I am charging you for my time at £500 per hour, by continuing to obstruct me from going about my business you accept to consult me at these rates, please can you tell me your name for the record to confirm your acceptance of these terms on behalf of Bargain Buys Store or in the event that you are not authorised to contract that you accept personal liability for my charges for my time".

I am disabled and often can't manage, so I use my own bag for everything, I keep my head high and will bite the head off anyone who has a go at me,

Depending on how the did it there may be a reputational case

wealdroam

EdwardB wrote: »

I keep my head high and will bite the head off anyone who has a go at me,

Depending on how the did it there may be a reputational case

What's a 'reputational case'?

Billy_Bullocks

EdwardB wrote: »

I think you have done the right thing, call them out in a public forum, perhaps reply to their tweets with a link to this thread.

First off it is not theft until leave the store, albeit that if you stuff 20 items of clothing in your jacket you might attract attention!

My daughter was approached by security in TKMaxx, she had a suitcase from another shop, they said to her "are you going to pay for that suitcase", she was only 12 at the time. She said in a very loud voice, "FIRST OF ALL I BOUGHT THAT NEXT DOOR, SECONDLY YOU DO NOT EVEN SELL THIS SUITCASE HERE, THIRDLY I BOUGHT IT NEXT DOOR BECAUSE YOURS ARE RUBBISH AND FALL APART AND FOURTHLY, I ALREADY PAID FOR IT. PLEASE GET YOUR FACTS STRAIGHT BEFORE YOU GO ACCUSING PEOPLE"

I wish I had a video, I did ask the store for CCTV but they said it was not working (funny that always seems to be the case)!

As a master thief you really would steal a pack of noodles at 18p, I think Bargain Buys Store should put security devices on them, just to be sure!

Rest assured they are the ones who have to prove theft, you should complain to the head office of bargain buys store and the manager. They may sell 20,000 lines that are available in other shops but they have to prove your item was taken in their store.

If I am stopped, the first thing I do is pull my phone out and video myself, I then say is "I refute your suggestion and allegation, I am prepared to cooperate with you but I am charging you for my time at £500 per hour, by continuing to obstruct me from going about my business you accept to consult me at these rates, please can you tell me your name for the record to confirm your acceptance of these terms on behalf of Bargain Buys Store or in the event that you are not authorised to contract that you accept personal liability for my charges for my time".

I am disabled and often can't manage, so I use my own bag for everything, I keep my head high and will bite the head off anyone who has a go at me,

Depending on how the did it there may be a reputational case

Well that's incorrect.

[Deleted User]

EdwardB wrote: »

I am prepared to cooperate with you but I am charging you for my time at £500 per hour,

Good luck with that charge..

trinidadone

Are you black, asian or a physically looking minority group by chance?

wealdroam

trinidadone wrote: »

Are you black, asian or a physically looking minority group by chance?

I'm not, but then again, you might not have been asking me that question.

Can you please help us to help you by clarifying just who you would like to answer that question?