Civil claim against my 16 yr old son...

[chchchchchangesusername]

After some advice please.
I accidently (it was an accident, couldn't see the name in the envelope window - but glad I did open it anyway) opened a etter addressed to my son.
It was from a civil claim company saying that 99p shop were demanding £100...if we pay within 21 days we only have to pay £83. Its for an incident where goods were damaged etc.
I spoke to my son - he is 16 with SN, but to be fair is also going down the wrong path choicewise...I only discovered a couple of days before this that he had stolen £15 off me to buy tobacco. Anyway (sorry, waffling) from what I can gather he was caught shoplifting a large bag of Doritos (he has this weird Dorito 'addiction') and the bag got opened during the scuffle with security. He said they took his details and told him he was banned for life and he thought that was that. But then this letter turned up...

Anyway, I just want to know how legal this is and if I actually have to pay? (cos lets face it, even though its addressed to him he is 16 and has no money so its my problem isn't it)
Its just that me and his dad have just split up and he moved out only a week ago and I haven't got a clue how I am going to pay the rent/buy food let alone a fine like this.
Life is turning into one huge car-crash.

Is it a Civil Recovery Scheme thing?

www.theguardian.com/law/2010/dec/07/civil-recovery-schemes-for-or-against
www.bbc.co.uk/blogs/watchdog/2011/04/guide_to_civil_recovery.html

Get your son to pay for it out of his allowance/sell his games. He'll soon be sorry.

£83 for allegedly trying to steal a bag of Doritos?

I would start with the CAB. I certainly wouldn't pay. It's essentially an invoice at this point from the sounds of it and I strongly doubt they would pursue it, and if they took it to court they would be kicked out.

How can a bag of doritos cost £100

I might send a cheque for £1 in Full and Final Settlement

I am not a lawyer

Thanks all (and tweety for those links) I will definitely be contacting CAB next week.

Sell some of his stuff and pay it. He committed a crime and ought to be punished for it.

Methe: Allegedly committed a crime, allegedly caused damage. It is for them to proves damages to a sum of £100 without claiming already spurious costs

Goodness, I am sorry you are having to deal with all this, OP.

Yes, he committed a crime and that needs dealing with.

However, he is 16, and vulnerable. (in having SEN). 'Vulnerable Adult' is a legal term. I agree - seek help from the CAB, and the helpline of any charity related to his SN might also advise.

Hopefully a lawyer will be along to this thread soon.

It sounds as if you / he could do with additional support - maybe mentoring? If he is stealing from you / smoking etc. is he still at school or college or any kind of unit? Are there any schemes locally that he could take part in, youth schemes where he would get structure and support?

Although I would be annoyed with him I wouldn't pay this as it is extortinate and doesn't fit the crime.
£100 for a damaged bag of Doritos?
I think they are having a laugh.
What they should have done is call the police and let them deal with it, if a crime had been committed.
He has, in effect, been tried and convicted by the £1 shop.
I am sure that if the police were called and they dealt with your son, the fact that he has SN would be taken into account at some point. I don't know if it would have made any difference to the outcome- he might still have got a fine. But, he (and you) would have had the chance to give the full story.
I wouldn't pay it.
But do seek some proper legal advice, and don't just rely on us!

I thought they could only claim for the value of the item damaged and even then it had to be at cost price.

Civil recovery schemes are a pile of crap. They rely on the person receiving the letter being too terrified to say no.

From MSE:

Citizens Advice Bureau (CAB) has stated that the issuing of such claims letters constituted ‘deceitful’, ‘unfair’ and ‘improper’ business practice, as defined by guidance on debt collection issued by the Office of Fair Trading.

see the full article here.all the w's .lawgazette.co.uk/news/sra-warns-lawyers-acting-civil-recovery-claims-against-shoplifters

From consumer action group: "You will probably also want to research the Law Commission report which considered the legal basis for civil recovery claims to be dubious."

a) If he knew what he was doing was wrong, then it seems fair.

b) If his special needs are such that he doesn't recognise this as wrong, then I don't think his intentions would satisfy one strand of the Ghosh test which means he did not form the mens rea for the crime of theft.

Either way, I would pay it now and argue later if b) is the case.

There is absolutely no way that I would be paying this. No, he shouldn't have tried to steal a pack of Dorritos, but the shop should have called the police if they felt it was such a heinous crime.

I would send in a cheque for £1 in full and final settlement, and then let them come after him if they really wanted to. In the meantime I would ground him whilst thinking about what other consequences I would be putting in place.

1)Nobody is allowed to bring a claim against someone under the age of 18 unless a litigation friend is appointed by the court, or the court gives permission. The shop will have known his age, yes?

2. the claim is NOT against you as the parent. Even if it went forward, it would be against your son and his ability to pay. Do not pay it for him.

I suspect it is a frightener, because the shop has decided it can't or won't prosecute him.