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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Police called at my house needing to speak to me regarding

Resolved Question:

Police called at my house needing to speak to me regarding shop,lifting. Asked to go to police station to be formally interviewed. Shop and security guards of shopping centre were 99.9 percent sure it was me. Attended police station formally questioned shown video and it was agreed that it was not me in video therefore I did not do it. Where do I stand now claiming compensation for all this and who would I make a claim against.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Unfortunately, there is no claim here against he police, they would only be acting on information reasonably received by them and with the best of intentions.

tdlawyer :

if the shop did it genuinely, without any ill motive, then they too are not likely to be liable for anything. If there is an ill motive behind all of this, then potentially the shop could be sued for malicious prosecution, but that's often not usually something that goes very far to be honest.

Customer: So even though the stress of being accused of shop lifting the time taken off work to attend the station being traced for the last six months as this happened in November and then to find out it wasn't me after all and the security firm saying they were 99.9 per cent sure that it was me and I was supposed to have stolen six radley purses and my wife bought one someone has not done their job right. I have just recovering heart surgery and this has set me back now.
tdlawyer :

Regrettably, I believe this is the legal position. It's not good for you I appreciate, but unfortunately, the law has developed in such a way that in order to be able to take action against the shop you would need to show they acted with malice. It might be that you would say that they did, if they could quite clearly see that it was not you and thus were unjustified in their so called 99% accuracy of it being you.

tdlawyer :

This kind of claim though is often difficult because demonstrating malice is difficult.

tdlawyer :

Whether you would succeed in court though and whether you can get compensation are two different things.

tdlawyer :

You could insist that the shop compensate you or you would seek advice to sue them. Most shops, after making such a horrendous mistake would offer compensation.

Customer: On leaving the police station they did say we could take this further but what does this mean
tdlawyer :

They (the police) could, or you could?

Customer: We could
tdlawyer :

Presumably, they're referring to your right to complain about police conduct etc.

tdlawyer :

You can make a complaint to an inspector to start with, but in all honesty, I don't necessarily see it getting you very far.

tdlawyer :

There is nothing to lose by doing that though.

Customer: Last question what about the security firm involved
tdlawyer :

Did they detain you at the store?

Customer: No we were shopping there a theft happened ion radley handbags. We came home nothing happend until Thursday when the police called at my house asking to speak to me regarding shop lifting. This is six months down the line
tdlawyer :

Okay, then there is no basis of claim for false imprisonment either. I'm afraid that in all likelihood, there is little prospect of you being able to sue in court for this, but I would encourage you to hound the shop and make them recognise their wrong.

Customer: It's wrong that they can do this to you the people on the video were different to me and my wife. The upset of all this and we cannot claim against the.shop or security firm. As the police officer said to us the law is an ass. His words not mine.
tdlawyer :

To be fair, those officers won't be the first or the last to say such a thing ... And I'm with them, and occasions like this are one of those unfair things in the system that does make it "an ass".

tdlawyer :

I'm sorry it's not better news from me, but I obviously want to be accurate with you.

tdlawyer :

Can I ask whether you're happy with the service from me today please?

Customer: Thank you
tdlawyer :

You're most welcome. Thank you.

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