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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61144
Experience:  Qualified Solicitor
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My cousin has been banned from the mall Maidstone by her

Customer Question

My cousin has been banned from the mall Maidstone by her brother in law who is a security guard there, she was shopping in wilko and 2 items accidentally fell into the nappy bag while shopping, she went to the till to pay not realising the other 2 items where missing. She does have Autism as well and has never stollen anything in her life and is a very honest person. She asked to pay for the items and was told no and banned from the shopping centre for 5 years! Now it was a honest mistake she didn’t mean to she has no criminal record and wilko even said to her she can still shop in there! But the the security guard is being to harsh because he doesn’t get on with his own brother! Can he do this!
Assistant: Have theft charges been filed? If so, when is the next court date?
Customer: No charges
Assistant: Where did the theft occur?
Customer: Maidstone shopping mall in Wilkinson’s
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Nope
Submitted: 9 days ago.
Category: Law
Expert:  Ben Jones replied 8 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Expert:  Ben Jones replied 8 days ago.

If the security guard has the authority to ban people then he can do this even if she was not guilty of anything and it was a genuine error, or even if this is a personal dislike that has triggered it. You have to remember that the mall is private property and its owners, through the people they have given authority to make decisions about it, can decide who is allowed on their premises and who is not. It is exactly the same as you having a choice over who comes to your home.

 

However, if you disagree with the decision you can take it further and initiate a formal complaint with the mall management and try to challenge the security guard’s decision. He is at the bottom of the pile when it comes to these decisions and it could easily be overruled if someone above him thinks differently.

 

Does this answer your query?

Expert:  Ben Jones replied 7 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 6 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you