Accused of theft

Tomas81

I was in my local Super Value tonight where I go multiple times a day as I own a business on the line of shops connected to it, after going though a self service terminal and paying for all items, I left the shop walking to my car and I heard someone calling me from behind and saying sir please come back to the shop you didn't pay for the pepsi, I stated I did in fact pay for the pepsi and they were wrong. He told me to come back inside as the I had left the receipt on returning to the shop they found the receipt and said it must of been a mistake, in front of a busy super value shopping center. Manager then appeared and was honestly quite sorry but the security guard then proceeded to blame the shop assistant who sent him out to get me they both in turn hung each other out to dry.

Have I a case for defamation of character? This was done in Full view of at least 20 people and was quite loud. I would know alot of those present due to my business.

Panrich

That's a disgrace. If challenged like that I'd be saying up front that there will be a cost if the accusation is found false and asking if they want to go ahead on that basis.

Tomas81

Panrich wrote: »

That's a disgrace. If challenged like that I'd be saying up front that there will be a cost if the accusation is found false and asking if they want to go ahead on that basis.

They had the receipt and were apologising as their mistake

Panrich

Tomas81 wrote: »

They had the receipt and were apologising as their mistake

I thought they were accusing you in the street? That's where we'd be having the standoff if it was me.

acer911

Tomas81 wrote: »

I was in my local Super Value tonight where I go multiple times a day as I own a business on the line of shops connected to it, after going though a self service terminal and paying for all items, I left the shop walking to my car and I heard someone calling me from behind and saying sir please come back to the shop you didn't pay for the pepsi, I stated I did in fact pay for the pepsi and they were wrong. He told me to come back inside as the I had left the receipt on returning to the shop they found the receipt and said it must of been a mistake, in front of a busy super value shopping center. Manager then appeared and was honestly quite sorry but the security guard then proceeded to blame the shop assistant who sent him out to get me they both in turn hung each other out to dry.

Have I a case for defamation of character? This was done in Full view of at least 20 people and was quite loud. I would know alot of those present due to my business.

What are you looking for? The manager apologised, in front for the 20 people who were watching. It was a mistake, move on.

Tomas81

Panrich wrote: »

I thought they were accusing you in the street? That's where we'd be having the standoff if it was me.

He asked me back in off the street as I was getting into my car.

Tomas81

acer911 wrote: »

What are you looking for? The manager apologised, in front for the 20 people who were watching. It was a mistake, move on.

Do you know what kind of negative affect that would have on my business I've been in the community 31 years.

Panrich

acer911 wrote: »

What are you looking for? The manager apologised, in front for the 20 people who were watching. It was a mistake, move on.

An unacceptable mistake though. The onus is on the shop to be 100% sure before publicly accusing someone of theft. The fact that shops now use self service to reduce costs means that people can make mistakes scanning but the ovreall savings should more than cover this. I'd personally go ape**** if it happened to me and they could **** off with an 'apology' after a public accusation.

Tomas81

Tomas81 wrote: »

They had the receipt and were apologising as their mistake

If YOU had the receipt on you, there’d have been no problem.

acer911

Tomas81 wrote: »

Do you know what kind of negative affect that would have on my business I've been in the community 31 years.

You said yourself that 20 people witnessed it. They would also have witnessed the manager apologise for their mistake.

I think when they hear you are suing for defamation it will have a bigger impact. Doesn’t put you in a good light to take that approach for a genuine mistake.

You still haven’t mentioned what you are looking for? No doubt it’s money.

jimbobaloobob

Panrich wrote: »

An unacceptable mistake though. The onus is on the shop to be 100% sure before publicly accusing someone of theft. The fact that shops now use self service to reduce costs means that people can make mistakes scanning but the ovreall savings should more than cover this. I'd personally go ape**** if it happened to me and they could **** off with an 'apology' after a public accusation.

Is that publicly by naming them or should this have been handled somewhere off centre and not in front of other customers. I don't know would you have a defamination case though.

Crock Rock

Ask them privately for €20,000 (out of court) and a public apology with an admission of their mistake to be published (at their expense) in the church bulletin and ALL local papers every day for a year. If not, you will take them to court and make their life a living hell for the rest of their days.
You'd be entitled to this.

acer911

Crock Rock wrote: »

Ask them privately for €20,000 (out of court) and a public apology to be published (at their expense) in the church bulletin and ALL local papers every day for a year. If not, you will take them to court and make their life a living hell for the rest of their days.
You'd be entitled to this.

Agree with the above. It’s the least you could ask.

Credit Checker Moose

Consult a solicitor. They will give you good advice.

Tomas81

acer911 wrote: »

You said yourself that 20 people witnessed it. They would also have witnessed the manager apologise for their mistake.

I think when they hear you are suing for defamation it will have a bigger impact. Doesn’t put you in a good light to take that approach for a genuine mistake.

You still haven’t mentioned what you are looking for? No doubt it’s money.

I'm definitely not after money.

diceyreilly

Tomas81 wrote: »

I was in my local Super Value tonight where I go multiple times a day as I own a business on the line of shops connected to it, after going though a self service terminal and paying for all items, I left the shop walking to my car and I heard someone calling me from behind and saying sir please come back to the shop you didn't pay for the pepsi, I stated I did in fact pay for the pepsi and they were wrong. He told me to come back inside as the I had left the receipt on returning to the shop they found the receipt and said it must of been a mistake, in front of a busy super value shopping center. Manager then appeared and was honestly quite sorry but the security guard then proceeded to blame the shop assistant who sent him out to get me they both in turn hung each other out to dry.

Have I a case for defamation of character? This was done in Full view of at least 20 people and was quite loud. I would know alot of those present due to my business.

Don’t know about defamation of character, but I’ve seen in the past people suing for same thing and getting 5 figures.

Happened me bout 15 years ago in Londis, picked up a bottle of lucozade was on my way to the till was about 7/8 people in the queue. Was in a hurry so turned around and put it back and left the shop.
Security came running out after me and searched me in the middle of O’Connell St Dublin.
Sent the manager a letter he rang me and apologized and I left it at that.
Was an honest mistake.

Panrich

What's the law on this? Could the OP have told the security guard to do one when he knew he had paid for the drink?

Mr.Crinklewood

Crock Rock wrote: »

Ask them privately for €20,000 (out of court) and a public apology with an admission of their mistake to be published (at their expense) in the church bulletin and ALL local papers every day for a year. If not, you will take them to court and make their life a living hell for the rest of their days.
You'd be entitled to this.

..and a free Pepsi!

OP....I understand your concern, but what do you see as an outcome that will satisfy you?

Credit Checker Moose

Panrich wrote: »

What's the law on this? Could the OP have told the security guard to do one when he knew he had paid for the drink?

There would have been no obligation to obey the security guard or indeed return back inside.

The OP would have been well within his rights to tell the SG to Foxtrot Oscar.

Panrich

Panrich wrote: »

What's the law on this? Could the OP have told the security guard to do one when he knew he had paid for the drink?

He didn’t have the receipt on him.

Tomas81

Panrich wrote: »

What's the law on this? Could the OP have told the security guard to do one when he knew he had paid for the drink?

This is what I wanna know. Did I have to go back into the shop or could I of drove away

Tomas81

[Deleted User] wrote: »

He didn’t have the receipt on him.

No the man accusing me had the receipt he could clearly see ipaid.

acer911

Tomas81 wrote: »

I'm definitely not after money.

So what are you looking for?

Tomas81

acer911 wrote: »

So what are you looking for?

Read above 2 posts.

Tomas81

Tomas81 wrote: »

No the man accusing me had the receipt he could clearly see ipaid.

How did he know that it was your receipt?

The point I’m trying to make is that you should always take the receipt especially when using a self service till n

acer911

Tomas81 wrote: »

Read above 2 posts.

That doesn’t answer it. You said in your OP about a case for defamation of character, what do you want to come out of that case if you pursue it?

Tomas81

acer911 wrote: »

That doesn’t answer it. You said in your OP about a case for defamation of character, what do you want to come out of that case if you pursue it?

Ok you're clearly not reading my posts and just thinking I'm looking a claim. I own a business in the same line of shops as this.

Defamation of character" is a catch-all term for any statement that hurts someone's reputation. Written defamation is called "libel," while spoken defamation is called "slander." Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong).

Mongfinder General

diceyreilly wrote: »

Don’t know about defamation of character, but I’ve seen in the past people suing for same thing and getting 5 figures.

Happened me bout 15 years ago in Londis, picked up a bottle of lucozade was on my way to the till was about 7/8 people in the queue. Was in a hurry so turned around and put it back and left the shop.
Security came running out after me and searched me in the middle of O’Connell St Dublin.
Sent the manager a letter he rang me and apologized and I left it at that.
Was an honest mistake.

I'm noticing that it's the security guard acting of their own volition in your case and the op's case. There are some serious chimps working security. Fcukrers are absolutely useless when faced with any real threat to a business. Surely with modern day camera footage, incidents like this can be reviewed and then acted upon. A report to the Gardaí should follow if theft has occurred on camera. In each instance provided above, the value of the goods was about €2. So, if the op so desires, he can sue for thousands. All because some rent a cop and shelf jockey can't account for what's going through a checkout. Simple fcukrrs.

punisher5112

Of course you could have left, but you could have been reported for theft if it were believed you had in fact taken an item or more then one.

I would ask that staff are made aware of how this can look and the management did apologize and this of course was the right thing to do.

In future keep the receipt at least till you are well away or home for example.

It's a tough situation for you but also the staff as they may well have thought they seen something amiss but obviously as you say were wrong.

There is huge money been lost from theft.

Signore Fancy Pants

[Deleted User] wrote: »

If YOU had the receipt on you, there’d have been no problem.

Well, that doesnt change the fact that he didnt steal the Papsi.

In fact, since the shop had the receipt...they didnt need to call him back.

acer911

Tomas81 wrote: »

Ok you're clearly not reading my posts and just thinking I'm looking a claim. I own a business in the same line of shops as this.

Defamation of character" is a catch-all term for any statement that hurts someone's reputation. Written defamation is called "libel," while spoken defamation is called "slander." Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong).

I think you need to talk to your solicitor as I don’t think you understand what you are talking about / legal terms.

If your customers are reading this your business will suffer way more than as a result of the incident you are describing.

Best of luck with it though.

killanena

I'm working in retail and my company has scrapped security in all sites except a select few for similar issues that OP encountered. Falsely accusing someone of not paying for an item is very serious and can cost a company a lot. Most retailers would happily absorb the cost of a potentially stolen item then risk a hefty payout.

Tomas81

acer911 wrote: »

I think you need to talk to your solicitor as I don’t think you understand what you are talking about / legal terms.

If your customers are reading this your business will suffer way more than as a result of the incident you are describing.

Best of luck with it though.

My business has survived 31 years with 4 seperate sites now in operation. Appreciate your concern and your advice.

punisher5112

I think things are getting way out of hand on the fact so many are looking for easy money and putting in all sorts of claims.

Op I commend you for not wanting to go this road and do feel for you especially if you are say like myself that wouldn't dream of taking something without payment or going out of my way to defame or put someone down for example.

It's a very tough world we are now in and I think it's only going to get worse.

ziedth

I'm fairly bewildered by some of the heat the OP is getting here. I'm as against the compo culture as much as anyone but I would be absolutely livid if that happened to me let alone ran a business on the same street.....as a former retail manager I would have sacked that security guard on the spot. Absolutely dreadful way to handle that kind of situation.

My advise? Ask to speak to the owner OP and explain your concerns

Tomas81

I wanna point out I am not going to look for any claim or money, I don't deserve it nor do I need it. I am a 61 year old man with a family and I was shamed for my life. I'm sorry some may feel I'm asking about this regarding a claim. I wanna know if I had of walked into my car I wouldn't of been embarrassed or did I have to go back into the shop as this is what done it for me as so many people watched.

Reputable Rog

Purchasing Pepsi is worthy of a conviction alone regardless of any alleged misdemeanours.

delboythedub

Tomas81 wrote:

I was in my local Super Value tonight where I go multiple times a day as I own a business on the line of shops connected to it, after going though a self service terminal and paying for all items, I left the shop walking to my car and I heard someone calling me from behind and saying sir please come back to the shop you didn't pay for the pepsi, I stated I did in fact pay for the pepsi and they were wrong. He told me to come back inside as the I had left the receipt on returning to the shop they found the receipt and said it must of been a mistake, in front of a busy super value shopping center. Manager then appeared and was honestly quite sorry but the security guard then proceeded to blame the shop assistant who sent him out to get me they both in turn hung each other out to dry.

€10.000

Sono

Tomas81 wrote: »

Do you know what kind of negative affect that would have on my business I've been in the community 31 years.

Would you stop ffs, this country makes me sick with the claims mentality, they apologised now move on.

Credit Checker Moose

Why should he? Apologies don't fix wrongs of this magnitude.

beveragelady

Tomas81 wrote: »

I wanna point out I am not going to look for any claim or money, I don't deserve it nor do I need it. I am a 61 year old man with a family and I was shamed for my life. I'm sorry some may feel I'm asking about this regarding a claim. I wanna know if I had of walked into my car I wouldn't of been embarrassed or did I have to go back into the shop as this is what done it for me as so many people watched.

61-year-old men do not use the non-word "wanna."
Nice try.

L1011

If you're not looking for a claim why are you asking if you have a case?

Sono

acer911 wrote: »

So what are you looking for?

Very hard to know, but let’s be clear it’s definitely not a claim he’s after.....

vincedh

The news feed is so quick these days that everyone in the store doesn't even remember the incident an hour later.
Also, we all dread the day a security person challenges us after using a self service till.

What exact words were uttered in front of others and how quickly was the apology.

Personally I think you are making far more of it than any other person that was there and the almost immediate apology almost totally mitigates any loss.

For your own personal satisfaction I would ask fr a meeting with the manager as a fellow business owner and see what steps he is taking to ensure this does not happen again including retraining the staff involved.

Anything more than this would cause you more harm as most supervalues are locally owned and the staff can be talking. So make a meal out of it and the outcome may be more negative due to your own actions that just accepting an error and assisting the store in ensuring it does not happen to others

Sono

L1011 wrote: »

If you're not looking for a claim why are you asking if you have a case?

Exactly, absolute joke.

the_pen_turner

Could you 'sue' and get them to donate your payout to a local charity.


I wouldn't want the money either. A donation and apology would be enough

Tomas81

beveragelady wrote: »

61-year-old men do not use the non-word "wanna."
Nice try.

?? Oh lord have mercy. This sums up the mentality on here.

acer911

beveragelady wrote: »

61-year-old men do not use the non-word "wanna."
Nice try.

I know. Troll thread of the week I think.

acer911

Sono wrote: »

Exactly, absolute joke.

Not money, that is all.

Sono

61 year old man joins boards and their first posts is about being accused of theft but not looking for any compensation, fair play sir.

acer911

Reputable Rog wrote: »

Purchasing Pepsi is worthy of a conviction alone regardless of any alleged misdemeanours.

I take offence to this. I work for PepsiCo.

Now do I have a case for slander as he made a derogatory comment about my employer in a thread viewed by 10’s of people?