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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:
ABBAsnumberonefan · 03/10/2022 19:54

This cannot be serious! Ffs how do u get anything done if you want legal action over this.

Hesma · 03/10/2022 19:56

Pathetic

Anonymouslyposting · 03/10/2022 19:57

No, you cannot sue them for this.

Pineappleflowers · 03/10/2022 19:58

Probably not, but IF they obstructed her and refused to allow her to leave the shop, she might have a legal claim against them yes. Security guards have no legal right to stop people or search them, all they can do is make requests, or call police (or, if they actually saw a theft happen, make a citizen’s arrest), or ban the person from
the shop in future.

Doesn’t sound like anyone forciblystopped her here though, sounds like a request was made that she fetch the receipt and she voluntarily complied with the request.

IF they’d called her a thief in public then she might have a case against the shop for slander but again that doesn’t seem to have happened.

Raniqw · 03/10/2022 19:59

Hi Op,
i’ll go against the grain and give you my similar experience. I bought one item from a tesco express. I paid at a self service till which did NOT give a receipt. (No option to ask for one). As I was walking to exit the shop, a security guard accused me of not paying and demanded the receipt. He was very abrupt and loud and it was hugely embarrassing and I had my 6 year old with me who was terrified. And it happened in front of so many customers. I was told by a tesco employee that a receipt could not be produced from that till. Very luckily I had used my clubcard so that “proved” I paid (they checked from that). If I had not used it, I would have no proof- what then? The issue is that for a customer to be accused, the security should have some objective suspicion etc. CCTV, or seeing you steal something etc. otherwise such an accusation with no belief it is true is defamatory. You can’t just randomly accuse people. I complained in writing, received an apology and compensation. Ask them why they targeted your mum? They could have checked from the rolling CCTV that she had paid after all.

cc1997 · 03/10/2022 19:59

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

You really need to get a life.

SoupDragon · 03/10/2022 20:01

Would anyone know has she grounds for legal action?

what grounds do you imagine she might have?

J0y · 03/10/2022 20:03

Spudina · 03/10/2022 18:52

If you walk out of a shop without a receipt or bag, it does look a bit suspect. Now a lot of shops ask “do you want a receipt” and this post has reminded me why I should always get one, when I usually say no, so thanks for that.
You are being massively unreasonable.

Same, when they ask you if you want the receipt, it feels like a bit of a risk to say no!

Trinity65 · 03/10/2022 20:11

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?

Oh Please 🙄

Alexisrose16 · 03/10/2022 20:11

Unless she was wrestled to the floor and searched then no you can’t sue. Which would have made a far more interesting thread that a security man asking a question.

LadyLolaRuben · 03/10/2022 20:12

No, there was no financial loss

WeepingSomnambulist · 03/10/2022 20:15

What loss has she suffered?
It isnt even deffamtion. They didnt call her a shoplifter. They asked to see the receipt.

I cant believe someone would spend more than a short time annoyed by this. And considering suing? What for? Insanity.

LouLou198 · 03/10/2022 20:19

I thought you were going to say she tripped over something in there and had a serious injury!!
Wouldn't have given this a second thought if that had happened to me, but I always ask for a receipt for this reason.

ABBAsnumberonefan · 03/10/2022 20:26

Raniqw · 03/10/2022 19:59

Hi Op,
i’ll go against the grain and give you my similar experience. I bought one item from a tesco express. I paid at a self service till which did NOT give a receipt. (No option to ask for one). As I was walking to exit the shop, a security guard accused me of not paying and demanded the receipt. He was very abrupt and loud and it was hugely embarrassing and I had my 6 year old with me who was terrified. And it happened in front of so many customers. I was told by a tesco employee that a receipt could not be produced from that till. Very luckily I had used my clubcard so that “proved” I paid (they checked from that). If I had not used it, I would have no proof- what then? The issue is that for a customer to be accused, the security should have some objective suspicion etc. CCTV, or seeing you steal something etc. otherwise such an accusation with no belief it is true is defamatory. You can’t just randomly accuse people. I complained in writing, received an apology and compensation. Ask them why they targeted your mum? They could have checked from the rolling CCTV that she had paid after all.

Writing a letter is a bit different than wanting to seek legal action though isn’t it 🙄

ThisIsNotThePostYourLookingFor · 03/10/2022 20:28

Behave yourself OP.

They asked her a question, they hardly dragged her off the shop floor by her hair in front of hundreds of people.

inheritanceshiteagain · 03/10/2022 20:29

Don't be ridiculous

StupidSmallFruit · 03/10/2022 20:30

Anyway OP, good thing you asked on here first and saved yourself a lot of (further) embarrassment.

inheritanceshiteagain · 03/10/2022 20:30

Raniqw · 03/10/2022 19:59

Hi Op,
i’ll go against the grain and give you my similar experience. I bought one item from a tesco express. I paid at a self service till which did NOT give a receipt. (No option to ask for one). As I was walking to exit the shop, a security guard accused me of not paying and demanded the receipt. He was very abrupt and loud and it was hugely embarrassing and I had my 6 year old with me who was terrified. And it happened in front of so many customers. I was told by a tesco employee that a receipt could not be produced from that till. Very luckily I had used my clubcard so that “proved” I paid (they checked from that). If I had not used it, I would have no proof- what then? The issue is that for a customer to be accused, the security should have some objective suspicion etc. CCTV, or seeing you steal something etc. otherwise such an accusation with no belief it is true is defamatory. You can’t just randomly accuse people. I complained in writing, received an apology and compensation. Ask them why they targeted your mum? They could have checked from the rolling CCTV that she had paid after all.

OP is asking is she can sue not asking if she should have an apology.

obsessedwithsleep · 03/10/2022 20:32

This is absolutely classic. Madness.

Gunner1510 · 03/10/2022 20:42

TabithaTittlemouse · 03/10/2022 18:32

She needs to write to the daily mail. They would love this.

And ensure the obligatory compo face has been well practiced before hand for photos. 😢🤣

If the compo face isn’t at least a 7/10, I have no sympathy!!

Sonnex · 03/10/2022 20:46

Why couldn't they be Penney's outside or Ireland? Is that the same as j c Penney's? Who prevented them?

Am constantly astounded by the lack of understanding about what 'to sue' means.

PinkButtercups · 03/10/2022 20:46

Erm no.

If you don't want a bag at least take the receipt.

DottyLittleRainbow · 03/10/2022 20:53

🙄

rwalker · 03/10/2022 20:56

Judge Judy or judge rinder may possibly take on the case if there not available you could always try cagney and lacy

UserError012345 · 03/10/2022 20:59
Grin