Sister done for shoplifting, now Boots demand £200...

Monster101Monster101 Posts: 2,923
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please nobody start lectures on how people shouldnt shoplift in the first place! i think we all know that.

im wondering if anyone can shed some light on this.
my 18 year old sister attemped to steal a £19 face cream from boots a couple of weeks ago. she got arrested and fined £80 by the police, which is what she deserves!
my uncle had to pay the fine and my sister is paying him back.
but now she has recieved a letter from boots asking for £200 civil recovery. is this legally binding?! i fail to see where the sum of 200 pounds has come from.
ofcouse my sister is in the wrong for stealing in the first place. but they have the item back, and she is now banned from all boots stores. im just wondering where boots have plucked this bizarre figure out from, and surely they should not be fining more than the police?
im starting to think u would get less hassle for battering old ladies black and blue!
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Comments

  • Babe RainbowBabe Rainbow Posts: 34,349
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    Monster101 wrote: »
    please nobody start lectures on how people shouldnt shoplift in the first place! i think we all know that.

    im wondering if anyone can shed some light on this.
    my 18 year old sister attemped to steal a £19 face cream from boots a couple of weeks ago. she got arrested and fined £80 by the police, which is what she deserves!
    my uncle had to pay the fine and my sister is paying him back.
    but now she has recieved a letter from boots asking for £200 civil recovery. is this legally binding?! i fail to see where the sum of 200 pounds has come from.
    ofcouse my sister is in the wrong for stealing in the first place. but they have the item back, and she is now banned from all boots stores. im just wondering where boots have plucked this bizarre figure out from, and surely they should not be fining more than the police?
    im starting to think u would get less hassle for battering old ladies black and blue!


    I've never heard of that - I would have thought that only the court could impose such a fine.

    But Boots is a big company. I can't imagine they would be trying it on if it were not legit. And I suppose the whole thing did cost them money in admin and stuff. I don't know for sure though.
  • jzeejzee Posts: 25,498
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    And I suppose the whole thing did cost them money in admin and stuff. I don't know for sure though.
    This is what it's for, they would probably be awarded more if they took a civil claim up in the courts (i.e. & court costs).
  • Jaymitch1Jaymitch1 Posts: 6,426
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    jzee wrote: »
    This is what it's for, they would probably be awarded more if they took a civil claim up in the courts (i.e. & court costs).

    well my advice to them would be dont waste so much time fannying about with admin and what-not!
    this is the problem these days, all this pointless paper work, just let the police deal with it!
    i would say i suppose its a good detterrant to stop someone shoplifting again if they are being fined so much, but im not convinced in the slightest thats what its for!
    its just Boots and other such companies seeing an opportunity to be greedy plain and simple, i presume it goes towards a big fat bonus for the security guard.
  • davidmcndavidmcn Posts: 12,109
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    jzee wrote: »
    they would probably be awarded more if they took a civil claim up in the courts

    No, as explained in the Watchdog piece linked to above, they probably wouldn't. All they could legitimately claim for is any actual loss caused to them by the offender - which may well be zero if they recover the stolen item. The cost of security staff, CCTV etc is a fixed cost which they incur whether or not any shoplifters actually turn up.
  • SproggSprogg Posts: 16,160
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    Stick the letter back in the envelope, reseal it and write 'No longer at this address' and 'Return to Sender'. You won't hear another word.
  • mike1948mike1948 Posts: 2,157
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    This is quite common now. If you look closely in the windows of some shops you will see a warning sign about them operating a civil recovery scheme.
  • Babe RainbowBabe Rainbow Posts: 34,349
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    Jaymitch1 wrote: »
    well my advice to them would be dont waste so much time fannying about with admin and what-not!
    this is the problem these days, all this pointless paper work, just let the police deal with it!
    i would say i suppose its a good detterrant to stop someone shoplifting again if they are being fined so much, but im not convinced in the slightest thats what its for!
    its just Boots and other such companies seeing an opportunity to be greedy plain and simple, i presume it goes towards a big fat bonus for the security guard.

    It probably goes to pay the wages of the security guard that caught her.
  • seacamseacam Posts: 21,364
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    davidmcn wrote: »
    No, as explained in the Watchdog piece linked to above, they probably wouldn't. All they could legitimately claim for is any actual loss caused to them by the offender - which may well be zero if they recover the stolen item. The cost of security staff, CCTV etc is a fixed cost which they incur whether or not any shoplifters actually turn up.

    /\

    Agree.
  • [Deleted User][Deleted User] Posts: 490
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    300 quid total fine sounds very lenient to me. What about all the times she didn't get caught?
  • [Deleted User][Deleted User] Posts: 132
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    It probably goes to pay the wages of the security guard that caught her.

    dont they get paid normally?
  • Babe RainbowBabe Rainbow Posts: 34,349
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    rob3597 wrote: »
    300 quid total fine sounds very lenient to me. What about all the times she didn't get caught?

    You can't fine somebody over something for which they have not been found guilty.
  • Babe RainbowBabe Rainbow Posts: 34,349
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    markypuk wrote: »
    dont they get paid normally?

    Yes of course. But it is all part of the cost of shoplifters. If there were no shoplifters there would be no need for store detectives / security guards. It is offset.
  • [Deleted User][Deleted User] Posts: 490
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    You can't fine somebody over something for which they have not been found guilty.
    Sorry, I worded that wrong. 300 quid is definetly fair fine for an instance of shoplifting IMO.
    Maybe the 200 quid boots fine is paying towards the people that get away with it?
    Just unlucky to be caught.
  • [Deleted User][Deleted User] Posts: 245
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    There are signs up in all the Boots stores saying that they will seek civil recovery. I guess it's mainly a deterrent, but they really have nothing to lose by going through with the threat. To be honest, if you're going to steal then you probably deserve the punishment.
  • Monster101Monster101 Posts: 2,923
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    saira.jane wrote: »
    There are signs up in all the Boots stores saying that they will seek civil recovery. I guess it's mainly a deterrent, but they really have nothing to lose by going through with the threat. To be honest, if you're going to steal then you probably deserve the punishment.

    i agree, but watchdog site basically says the civil recovery is a rip off scam type scheme.
    so how does that make boots any better than the theif?
  • [Deleted User][Deleted User] Posts: 245
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    Monster101 wrote: »
    i agree, but watchdog site basically says the civil recovery is a rip off scam type scheme.
    so how does that make boots any better than the theif?

    I've always understood civil recovery to simply replace the money that was wasted on the "investigation" which I really think is fair enough. I don't think I've read that watchdog report though?

    In all honesty though, I'm pretty sure that I've read about civil recovery running into the thousands. £200 really isn't too bad.
  • ForestChavForestChav Posts: 35,127
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    ignore.

    There is simply no way they are legally entitled to anything. The police fined her and they can do that, and it was paid.

    They can only sue for the losses incurred as a result of the damage which is the cost of the item she stole (presumably at trade price as well). If they were going to court, then that is all they would be awarded, plus costs. The staff would be employed anyway regardless of whether or not the item was stolen so their costs are not offsetable against the action.

    RLP will no doubt send more letters, and Boots could well initiate court action if they chose if they still have a loss as a result of the theft, however it would probably cost more in costs than the cost of the item itself, so these things never go to court, and they would never be able to justify the £200 they are asking for.
  • [Deleted User][Deleted User] Posts: 32,379
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    rob3597 wrote: »
    300 quid total fine sounds very lenient to me. What about all the times she didn't get caught?

    You didn't read the post did you. She was fined for the offence. This is Boots taking the piss and attempting a civil recovery even though they got the goods back.

    The Watchdog link gives good advice.
  • [Deleted User][Deleted User] Posts: 32,379
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    It probably goes to pay the wages of the security guard that caught her.

    Read the Watchdog link, not allowed to do that.
  • [Deleted User][Deleted User] Posts: 490
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    woodbush wrote: »
    You didn't read the post did you. She was fined for the offence. This is Boots taking the piss and attempting a civil recovery even though they got the goods back.

    The Watchdog link gives good advice.
    If you read the whole thread before having a go, you will see I explained this post.
  • [Deleted User][Deleted User] Posts: 32,379
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    rob3597 wrote: »
    If you read the whole thread before having a go, you will see I explained this post.

    And your other post was wrong as well. She was charged by the police and fined £80.

    Boots are attempting a civil recovery even though they got the goods back.
  • Keefy-boyKeefy-boy Posts: 13,613
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    rob3597 wrote: »
    If you read the whole thread before having a go, you will see I explained this post.

    You're explanation being she must have stolen more stuff but not been caught before? I don't think the law does or should work like that.
  • [Deleted User][Deleted User] Posts: 490
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    Was just saying 300 quid is a fair punishment for shoplifting. Not really too bothered who is fining....
  • [Deleted User][Deleted User] Posts: 32,379
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    rob3597 wrote: »
    Was just saying 300 quid is a fair punishment for shoplifting. Not really too bothered who is fining....

    So you were wrong.

    She has been charged and fined legally £80.

    The civil recovery is like you staying in a store supermarket for more than the 2 hours and receiving a £500 invoice for loss. Would you just pay it or challenge it.
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