How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I was stopped by store detectives outside Sainsbury. On checking

Customer Question

I was stopped by store detectives outside Sainsbury. On checking my trolley they came across 7 items amounting to £49.53p. The manager was insistent that I was 'slip scanning' i.e he stated this equates to 'shop-lifting' and called the police. The officer in attendance issue me with a penalty notice with affine of £80, contrary to Theft Act 1968 -he did not ask my any questions. and I was informed by the manager that 'invitation to enter and shop at all Sainsbury's stores is permanently withdrawn'. If I pay the fine will this be the end of it - I am modified and stressed by it all. I have never have been involved with anything like his and haven't slept since.

Mrs SO
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

When you say the officer, do you mean a police officer or a store detective?
Customer: replied 3 years ago.


police office

Expert:  Jo C. replied 3 years ago.
You have been given a fixed penalty fine then.

If you pay it in good time they will not prosecute you.

The fact of an FPN will show on your enhanced level CRB check though but not on standard or basic.

The store may send you a civil recovery notice trying to claim about £200 from you for the cost of the incident but you should refuse to pay that as it has no basis. At least, they can claim for their actual loss but these fines are issued on the basis that you are liable for their security measures which is just plain too remote in law to be found against you.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.


what's is an FPN?

Expert:  Jo C. replied 3 years ago.
Fixed penalty notice.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


FOR JOMO1972 WHAT IS A FPN

Expert:  Jo C. replied 3 years ago.
Like I said, a fixed penalty notice.
Customer: replied 3 years ago.


FOR JOMO1972 - I am sorry for asking the obvious question- I am in a state. Just one more question - do I have to declare this to my employer?

Expert:  Jo C. replied 3 years ago.
Does your contract demand a declaration ?
Customer: replied 3 years ago.


I believe it does - I work for health as a part time hospital discharge facilitator

Expert:  Jo C. replied 3 years ago.
You need to check the contract carefully.

If you are under a duty to disclose then you will have to unfortunately.

If not, there is no need.
Customer: replied 3 years ago.


Even though the penalty notice states 'if you choose to pay no further action will be taken in respect of the offence detailed in part 1:payment of the peaty involves no admission of guilt and will not result in a criminal conviction being made against you

Expert:  Jo C. replied 3 years ago.
Well, as I said, it depends on the requirements of your contract.

There is an argument that the FPN involves no admission of guilt although I have to say that it isn't one that really holds together very well.

Sometimes though you are required to disclose even if an allegation is made against you.
Customer: replied 3 years ago.

FOR JOMO1972
I have had a terrible night imaging all my families and friends get to know that I have being involved in a 'theft' - is this possible if I don't tell them?I am terribly embarrassed and mortified by the whole and am thinking of handing in my notice. I only have a temporary contract. What rare your thoughts on this?

Expert:  Jo C. replied 3 years ago.
They are not going to find out unless you tell them. The police won't reveal this.

Customer: replied 3 years ago.


FOR JOMO1972


What about Sainsbury- it happens to be one all my family and friends use?

Expert:  Jo C. replied 3 years ago.
There's no reason they couldn't tell who they liked but its quite unlikely that they would. They would have no reason to do so.
Customer: replied 3 years ago.

FOR JOMO1972


I have just looked again at the letter Sainsbury handed to- it said private and confidential - does that mean the matter is between Sainsbury and me?

Expert:  Jo C. replied 3 years ago.
It just means that particular correspondence should only be opened by you
Customer: replied 3 years ago.

FOR JOMO 1972


I have had a letter from dwf, solicitors acting on behalf of Sainsbury's supermarket limited to request a payment of £150 for security costs! I know what you said in your previous email - can you please advise me how I should response to them.


 


May thanks

Expert:  Jo C. replied 3 years ago.
If they got the goods back in saleable condition then there is no loss so they have no claim against you.
Customer: replied 3 years ago.

FOR JOMO1972


 


The letter states even the goods were recovered in a resalable condition the offender is still liable for the security costs incurred at the time of the incident and that for incidents involving members of the public a security cost is £150 and therefore the civil demand should be paid the next 7days to avoid further action!! - can you please brief as to how I should response either by email or letter?

Expert:  Jo C. replied 3 years ago.
As I said above, that is too remote from the breach.

You can ignore them or write back inviting them to sue. Either is just as good.
Customer: replied 3 years ago.


FOR JOMO1972


 


If I ignore them can they send someone around ,like bailiffs knocking on my door demanding payment? Or if I write to them inviting them to sue- if they did what do I do than?

Expert:  Jo C. replied 3 years ago.
Not without a CCJ which they can only get abet court.
Customer: replied 3 years ago.


FOR JOMO1972


 


What's is a CCJ?


 


Can I just email them to say I have had legal advice not to pay £150?

Expert:  Jo C. replied 3 years ago.
A county court judgment.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice