Accused of shoplifting after mistake. Should I complain?

@MARG07I would write a letter of complaint rather than going in to the store and seeing the manager. That way you can lay out the details calmly that it was the way the security guard treated you rather than him stopping you. This is the AI response to what you have asked below. I have also private messaged you a template letter copy to use.

To clarify the legal position in the UK:

1. Can someone be stopped before they leave a store?

1. What if the item was genuinely forgotten?

1. Was the security guard’s behaviour appropriate?

Make a formal complaint to Lidl, outlining what happened, how it was handled, and how it made you feel. They need to know if their staff are behaving like that—it’s not acceptable.

Yes it’s horrible to be accused, I paid for my items in Uniqlo and was approached by a security guard and my bag was searched, she picked some items from a previous shop and looked at them. Yes it’s really off putting going there to buy anything. I believe if you are a woman you are an easy touch to accuse, because women don’t usually make a fuss.

Hi,
A similar thing happened to me many years ago, only I had paid and not walked out of the store with anything, I had 5 bags of shopping.
Yet I was asked to re-enter the store and my bags were searched where nothing was found, No apology, some store detective suspected me for some reason and I felt humiliated and filed a complaint.
nevertheless this stayed with me for years and worse still, my son who was with me at the time and was 3 years old.

If you were innocent as I am sure you are, then file a complaint as it’s degrading and mentally upsetting. 🥲 good luck.

@Lovelysummerdays I needed a good laugh so thanks for that 😆.

Less pockets and more the under the bum. There’s something about the design of ( maybe just my) buggies that anything put down the side seems to end up there.

Sorry to read of your treatment.

It's all to easy to inadvertently shoplift whilst distracted - and technically you didn't as you'd not left the store. (but if you'd not been stopped you would have done.)

But the treatment. Presumably they'd been watching you? And to if they'd been watching properly noticed your balancing act with a baby realised that it was an act of forgetfulness and acted accordingly.

Similar happened to me a few years ago in my local mini Asda. I'd paid for my shopping, at a DIY till, and started to pack it in a flimsy Asda carrier (also paid for - 10p? at the time)

As the store was noisy - beeps from other tills I didn't notice mine start up again and register a fresh purchase.

Goods paid for, bag packed I walked towards the door to be shouted at by their guard. Really quite aggressive and abrasive. I was taken aback by his manner and accusation. I didn't argue back.

Showed my receipt - all good but he couldn't understand why my, paid for, goods were coming up as fresh items on the till.

Went home somewhat shaken and disturbed. On reflection I thought 'Sod it I'm not being treated like that. '

Went back and asked to speak to manager. She was understanding - offered compensation gift card - which I didn't want or take. "Was it Andy?" with a knowing look of resignation. She couldn't explain till rereading my goods.

It was his manner I was upset about.

It was a while before I went back there to shop.

I worked out that the till had read the bar code through my carrier bag and that you don't have to press the start button. (Why have a start button?)

I always get a receipt.

Not sure if you are in a position to complain as you were about to be a shoplifter albeit accidental.

I hope time will heal for you.

Leaving the shop is clear evidence
Eating it is another but you’d have to wait a while for the evidence on that one 😆

^^

Had you actually left the store @MARG07 ? You say you began to walk out.

She doesn’t have to. In this country the legal system works on a presumption of innocence until proven otherwise. Initially the onus would be to prove she had deprived the shop of the milk without paying.
As she hadn’t even left the shop she hadn’t deprived it.

The concealment is neither here nor there (theft doesn’t have to be done covertly) and only speaks to the intention, but is circumstantial as there is a reasonable alternative explanation.

The fact that she paid for the rest of her shopping (in multiple shops), had the funds to pay for the milk, and immediately explained her mistake and offered to pay would suggest she did intend to pay. I mean, if ‘proof’ really were being looked into previous good character, the fact that she regularly shops there and always pays, lack of motive, telling her husband etc could also be offered as evidence.

As I said though, none of that actually matters because that’s not the security guard’s job - he is neither judge, magistrate, jury, CPS, nor police!!

Interesting reading the replies. Both my DD were in retail, one a large toy store, the one one of the big supermarkets.. I've obviously heard lots of stories from them. The were both management level. Oldest DD told me ALWAYS get a receipt! A couple of months ago, I popped in my local Tesco, late evening. Almost always the auto tills say "no receipt available,do you want to continue without out receipt". A couple of items and home. Have been shopping there,many years since the store opened,first name terms and move than just chit chat with several. Following day,at the auto till, cashier...busy shop, serving someone and a queue. Shouts across at me. "You didn't pay for your shopping last night".I look up surprised, when she's Finnished serving I go over to her, and ask. She tells me my card didn't swipe, I say,"oh, Ill pay now then". She is still shouting, says she doesn't know how to proceed with payment in this instance.she needs the manager,shouts across to him "she didn't pay for her goods last night".I'm in my 70s and trying hard not to cry.he comes over, what did I get, well a couple of bars of chocolate. He says don't worry about it, I LL write it off.i felt even worse at that. I've been in retail, managed a jewellery shop in London with ex husband and held up at knife point. I saw a well dressed young man in this same Tesco, happily putting drinks in a backpack walk out of the store, told them, they said there was nothing they could do!

Sorry but this made me chuckle at the image of a mum having to frisk her toddler’s pockets.

This. It wax a genuine mistake according to you, but you hadn't paid for all.the items you got from Lidl, therefore you were a shoplifter. The beat thing to prove your innocence is to go back regularly and pay for all your shopping. Oh and use a basket, I always managed to even if I had a pram or stroller

This. Also, he rifled through her bags without approaching her professionally. I’m assuming he was supposed to politely ask to check the receipt and bags and if OP refused then he would have reasonable grounds to check CCTV, restrain her from leaving the shop etc.

Not if when you pick the item up you’re thinking ‘I want to pay’ rather than ‘I want to steal’ 🤣 😉

But as no one can prove what’s in your head they tend to show some other evidence too - such as leaving shop, stuffing the item at the bottom of a rucksack - or indeed, hiding it in a pram…

She was leaving the store she had already paid for the other stuff no matter which way you look at it she is in the wrong and being entitled.

Quite right 🙃🤓🤓🤓😃🤣

technically the moment we pick something up off a shelf in a shop we are all thieves
supermarkets are the biggest harbourer of thieves in the country.

Isn’t the law a wonderful thing 🥴

But I’d be concerned how it was dealt with if they had more powers.

i used the self scan in Sainsbury’s and twice now I’ve had huge shops where one or two items haven’t scanned. ( even though I’ve zapped everything)

the shop assistant said there is an issue with this and you need to check if it has gone through.
it was mortifying though and made me just want to go to an old fashioned checkout!

I doubt anyone here who is saying “but you were shoplifting” would be happy with the way the security guard dealt with it.

there’s NO way if the OP was a 6” something well built man the security guard was have handled the situation the same way.

I once walked out with some plums under a bag for life. Realised and returned to pay and was shrugged through with a thanks for being honest.

the maximum needed was a quiet word, ask to check calmly and when the milk issue was discovered let the OP pay as she suggested. They didn’t have any intention of prosecution so no need for handling it like an aggressive bully. The biggest clue it was a mistake was the paying for all the other items which sound of higher value!

That sounds scary. I can’t believe that cashier noticed something but didn’t point it out. What I don’t understand is why were 10 men needed to run after someone even if they did think someone was shoplifting.

She hadn’t left

I remember the shame of the shoplifting tot. I think they used to have shelves of sweeties at buggy height so I d have a quick frisk once we got past the danger zone.

Actually, legally, the theft is committed when the person lays hand on the item with the intent to take it and permanently deprive. 🤓

The passing the tills/leaving the shop criteria is used by the security guards/shops as it just makes that intent easier to prove.

He didn't behave professionally at all. Were you still inside the shop when he stopped you? If so you definitely have reason to complain.

No
He acted inappropriately …. by OPs description
He also looked in all of OPs bags which you also can’t do without first asking. It’s one of the classic reasons these cases get thrown out of court.

OP didn’t mention if he asked her why the milk was in the bag first. If he did then she could explain which, given that she was still in the shop, is how it should be handled. Had she left the shop it would be a different matter as it’s beyond concealment with the intent to steal…Once out of the shop it is proved theft.

Have you never noticed when people get stopped by buzzers going off at the exits the security at the door always ask if they can check your bag and receipt. ? They do that for a legal reason

No shoplifting would be policed then if that was the case. Everyone would just say it was a mistake. Just because you did not intend for it to happen doesn’t negate the fact that it did happen - you leaving without paying for all items. Instead of complaining you should be apologising your your oversight