I got assualted in Tesco!

Brooke_Daver

maninthestreet wrote: »

'By going to the police over such a trivial matter you are wasting their valuable time.'

Assault/battery, and False Imprisonment are not trivial matters

Being touched on the shoulder by someone does not equal assult or battery.

Just as security guards have every right to stop a customer who had tampered with stock leaving the store.

It's shamefull that these days people do something wrong/stupid, and then go crying to the police when they are caught.

dmg24

You damaged their property.

By going to the police over such a trivial matter you are wasting their valuable time.

Sending pictures of ripe banannas to trading standards/environemtal health is just wasting their time too.

Very good point. If we are really being picky about this, this in itself could constitute a criminal offence.

I'm having trouble accepting that the police officer actually said this

Tesco don't need your permission, you are on thier property and there will be a notice somewhere near the entrance that states you will be recorded on CCTV (I think it's a legal requirement).

I am also a bit dubious about the exact words of the policeman. However, even if the policeman did say this, we should remember that the police are not legal experts per se. They pass cases on to the CPS for interpretation of the law.

superscaper

jinny wrote: »

I had no idea you could'nt take photos instore. I often take a picture on my phone to send to oh to ask what he thinks of an item i'm wanting to buy.

That's why I asked if anyone knew for sure if it was illegal. I sometimes take photos in store as well, but it's usually just as a handy reminder of features and prices when I'm doing a comparison with different shops etc. It's quicker and more accurate than trying to remember and/or write the details down.

I can't think what law it would come under. So long as you're not taking photos of people I can't see how it'd be an invasion of privacy. It may be against store policy but then that simply means they may ask you to leave, not that you've done something illegal.

maninthestreet

Of course there is no law that makes it a criminal offence to take a photograph in a shop.

superscaper

I've just had a quick look around and it seems that it is perfectly legal to take photos in private property that you've been given access to. The exception is if there is a condition where the owners require you not to take photos and you accept that by entering the property (whether they've made it explicitly clear or not). As soon as you start taking photos when the owners have a policy of no photography, then you become a trespasser and they can ask you to leave etc. But the taking of photos itself isn't illegal and unless they've put it on a sign at the entrance you can't be reasonably be expected to know that the specific store has a no photography policy. In either case the first action of the shop should be to ask you to leave. Trying to prevent you leaving or grabbing your photographic equipment is completely wrong legally even if you weren't allowed to take photos. It only becomes illegal if they ask you to leave and you don't (and trespass in most cases is civil not criminal). The photography itself doesn't come into the legal side. It's the same if the store had a policy of not allowing the wearing of t shirts. If you entered that shop with a t shirt they can ask you to leave and refusal constitutes trespass but the wearing of a t shirt in itself obviously isn't illegal.

stu3105

Remember.
1) The store is owned by Tesco
2) They decide the rules/policy whilst you are in the store.
3) Their policy is NO PHOTOGRAPHY
4) If you decide to take a picture and caught doing so you can be asked to leave.
5) If you do not leave and decide to argue, the security guards can use as much force as is reasonable to eject you from the premises.
6) If you don't like it don't go back.

ckerrd

This person was going to pay for the goods but Tesco wouldn't honor the discount , then this person has every right to refuse the goods.

Is it not the case that he person was going to pay for some of the goods, not the goods as offered for sale? Therefore Tesco were correct to refuse to honour the discount.

uktim29

You've also got to remember at the end of the day the op was taking a picture, lets face it, to be spiteful.

superscaper

uktim29 wrote: »

You've also got to remember at the end of the day the op was taking a picture, lets face it, to be spiteful.

Doesn't matter. I don't agree with the OP and I wouldn't have done it myself, but Tesco were completely in the wrong in their response. They should've asked him to leave. If he didn't then they could force him off the premises. They chose to try and keep him on the premises which kind of negates the possible trespass by the OP. So the only possible illegality is by Tesco, not the OP.

furrybloke

The photo policy relates is to protect themselves when other companies used to come round taking photo's of displays, promotions etc. Out of date practise now as most of it is on the web. Sainsbury's have a similar policy & you used to challenge people about why they were taking pics.

You should not have removed the banana. You should have asked a member of staff to do it. They were on offer & bagged (I assume these are the usual loose banana's) due to a short shelf life & the till staff were correct in refusing to sell them to you at a discounted price as for all they know you have put new ones in the promo bag.

Saying that the situation quickly grew out of control & the majority of staff seem to have over reacted. The complaint to police will have to be completed as you have reported it when I think personally that it is a bit OTT, I would have taken it up with Head office. I would write to them say that you have reported to the police & are willing to discuss further details if they would like providing the police say it is OK in order to assist with there own internal investigation into the incident, unless of course you are planning to go for big time compo from them.