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Legal matters

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Has my mother grounds to sue primark?

161 replies

Wanttobehappy123 · 03/10/2022 18:20

My elderly mother went upstairs in penny’s (primark ireland) to purchase a hot water bottle. She paid for it upstairs refusing a bag and paying cash. She didn’t take the receipt from the assistant.
She went down the escalators(still in the shop) and was approached by a member of staff asking to see the receipt for her purchase. She told the lady the sales person had put it in the bin and was then sent back upstairs to the sales person to retrieve the receipt from the bin. This was all in ear shot of other customers and she was mortified and upset after the incident. I am very angry she was treated this way. Would anyone know has she grounds for legal action?

OP posts:
WaddleAway · 03/10/2022 19:07

What loss has she suffered as a result of the incident?

PlasticSheetingRTÉNews · 03/10/2022 19:09

Cop on.

Talia99 · 03/10/2022 19:09

DumpedByText · 03/10/2022 18:53

In order to stop someone and accuse them of shoplifting they have to of seen them 'select, conceal, and leave the shop' with the item. So whilst this was embarrassing they haven't accused her of shoplifting, just asked for a receipt, which if I was in Primark I'd always get. There is no way this would be taken on by anyone in the legal field.

Is that actually the law in Ireland? In England and Wales there is no requirement to conceal and/or leave. In practice, either concealment or leaving (or both) will probably be needed to prove the case but legally, neither is actually required.

I knew a woman (professionally) who was a career shoplifter and she would do exactly what the Op’s Mum did - walk towards the exit with items held in her hand. It worked because nobody thought a shoplifter would be so brazen. I was talking to her because she did once get arrested and I asked her how she expected to get away with it - her answer was a shrug and “it worked every other time”.

I’m sorry the OP’s mum was upset. Unfortunately, the nice, respectable old lady is just as likely in practice to be a shoplifter as the obvious drug addict - asking for receipts seems reasonable if there is no bag.

Heyahun · 03/10/2022 19:11

You are right op she shouldn’t have been stopped still inside the shop. those are the rules in Ireland - saying that I couldn’t be bothered to take it further and you’ll likely get nowhere with it anyway.

Danielle9891 · 03/10/2022 19:13

No it happens. Maybe it was obvious she was leaving the building.
I feel for your mam as it's so embarrassing. I once ran into M&S after uni (only got Doritos and a dip) and the security asked to see my receipt, in front of a few of my new housemates 😭 I could have cried. I did finally find it in the side of my bag after what felt like ages, people were stopping to watch. I still cringe now thinking about it 12 years after. I always get a receipt, even at self checkouts or where they offer to send it to your email in some shops.

Toddlerteaplease · 03/10/2022 19:20

Ha ha you must be joking. She should have taken a bag of a receipt! Her own fault.

Leftbutcameback · 03/10/2022 19:20

Wanttobehappy123 · 03/10/2022 18:43

i was of the understanding that a member of staff is not permitted to approach a customer looking for a receipt while they are still in the shop and still have the opportunity to pay if they have not all ready done so. When they leave the shop with the item they can then approach a person looking to see the receipt. I have no legal experience what so ever but I always believed this to be the case

I understand why you're a bit confused now. You're talking about the other way round here - it's difficult to prove theft if the person hasn't left the store (based on both case law and the wording of the Theft Act in the UK). So that's why security usually wait.

Clearly in this case they weren't worried about a possible prosecution for theft, it was more about reminding your mother to pay if she hadn't. And then once they'd challenged her they couldn't just accept what she said. It is quite unusual to both pay by cash, and not take the receipt.

onlythreenow · 03/10/2022 19:21

Seriously???? They didn't actually acuse her of anything, just asked to see her receipt. I can't see why she should be mortified and/or upset. Even if she was it's hardly grounds for suing.

tigger1001 · 03/10/2022 19:22

I get that it was embarrassing, but the shop haven't done anything wrong by asking for a receipt. No harm has been done, and she will know to get a receipt next time.

Everytime12 · 03/10/2022 19:23

Just here for the deletion message 😂

AllThatFancyPaintsAsFair · 03/10/2022 19:25

I have no legal experience what so ever

Ya, don't say, and here we all were thinking you'd majored in litigation and the elderly shopper😂

clpsmum · 03/10/2022 19:25

Why was she so awkward? Why didn't she just take the receipt. Her own fault she was treated like that tbh and they were just doing their job

Callingallskeletons · 03/10/2022 19:27

😂😂😂😂

Woman stopped in shop and asked for proof of purchase for item before leaving.. I can only imagine the reaction of any solicitor approached to take on that case 🙄

AreYouAFeminist · 03/10/2022 19:27

This is why insurance premiums are insane in Ireland. So many litigious gobshites about.

Leftbutcameback · 03/10/2022 19:27

Also why did you say Primark OP? Is Penneys actually owned by the same people? I never knew that! Often see it mentioned in Marion Keyes type books

Tabitha888 · 03/10/2022 19:28

The staff did nothing wrong.

TokyoTen · 03/10/2022 19:29

She has no chance! She was just asked to provide a receipt - that's standard in some shops around here!

Noteverybodylives · 03/10/2022 19:29

The shop or staff weren’t at fault here. So no she can’t sue.

If you felt she was treated unfairly then you can complain to the store or head office but you can’t sue for this.

Your mum should have taken the receipt in case she needed to return it (especially from primark) but I often don’t take my receipts for things that are not returnable or food items, as it’s a waste of paper which I’m going to throw out anyway.

Sweetmotherofallthatisholyabov · 03/10/2022 19:30

Irish retail worker, you don't need to produce a receipt. The onus is on the store to see you select the item and leave without paying. I know stores that have been sued for wrongful arrest because when the police arrived the "shop lifters" produced receipts. They'd bought everything the day before. The security man hadn't seen them "select" and had jumped the gun. Cost a couple of grand settlement. Your dm could have said I don't have the receipt, I paid for it and not produced anything, but she can't sue unless they detained her and called the police.

DevaleraSpawnOfSatan · 03/10/2022 19:32

@AreYouAFeminist

I love the litigious gobshites line. 😆

Coraline353 · 03/10/2022 19:34

Leftbutcameback · 03/10/2022 19:27

Also why did you say Primark OP? Is Penneys actually owned by the same people? I never knew that! Often see it mentioned in Marion Keyes type books

Primark started in Ireland and were called Penney's. Their first store was in Dublin and their head office remains there. They were prevented from using that name outside of Ireland and so are called Primark in the UK and beyond. But yes they're the same company.

SofaSurferfinder · 03/10/2022 19:36

Are you being serious , she was walking round with a hot water bottle in her hand and without a bag - and they asked to see her receipt, and she didn’t take that either .

she must have looked like she was leaving the Shop surely as wouldn’t they be asking everyone this all day as they have items in their hands etc ?

they go to get the receipt to prove she’s paid for it and for some reason your asking if she can sue.

Honestly , unless the hot water bottle was filled with boiling water and burst all over her, you are asking the most ridiculous thing I’ve seen on mumsnet to date!

Unforgettablefire · 03/10/2022 19:38

You want compensated because your mother was asked for proof of purchase?
It would be a nice little lucrative income if we all did this!
No. Let it be a lesson learned, keep your proof of purchase it's given for a reason.

HappyHamsters · 03/10/2022 19:46

Were you with your mam OP, why didnt she just ask for a bag or keep the receipt, what if it was faulty and needed to be replaced, she had no proof she bought it. She could write to the store manager who might apologise and offer a goodwill voucher but there are no grounds to sue are there.

Luckymummytoone · 03/10/2022 19:46

I mean, in all seriousness what did you expect? 😂