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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:
SirCharlesRainier · 04/10/2022 10:05

prh47bridge · 04/10/2022 09:27

However, if you refuse to prove ownership, they are entitled to believe that you are stealing the item in question and make a citizen's arrest. They don't need to prove beyond reasonable doubt that the item isn't yours to make an arrest. All they need is reasonable grounds to suspect that you are committing an offence.

Correct - and if they'd seen me take/conceal the item, make towards the exit without paying, and had preferably observed me throughout, then that would be reasonable grounds. Just checking on the off chance without doing those things would not be reasonable grounds.

Of course I'd know they hadn't done those things because I'd paid for the item (in this hypothetical example). So they can ask if I have a receipt, but my cheery "No thank you!" as I continue to stride out of the door wouldn't be grounds to arrest me.

SirCharlesRainier · 04/10/2022 10:06

SoupDragon · 04/10/2022 09:40

No-one has the right to demand I prove my ownership

How does that work for you if you want a refund?

Presumably I wouldn't be entitled to a refund. Which is my lookout, and hardly an illegal act on my part.

TheGoodFighter · 04/10/2022 10:10

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?

No of course she doesn't! She was walking out of a shop with an item without a bag of proof of purchase...of course they were going to ask her to show she had paid for it instead of just letting her walk off with it! Do you know how many people walk out with stuff?

She could have just walked out anyway if she wanted, she chose to go back and get the reciept.

HappyHamsters · 04/10/2022 10:43

If she had left the store then she may well have been caught by a security guard, taken back through the shop which would be even worse.

prh47bridge · 04/10/2022 12:38

SirCharlesRainier · 04/10/2022 10:05

Correct - and if they'd seen me take/conceal the item, make towards the exit without paying, and had preferably observed me throughout, then that would be reasonable grounds. Just checking on the off chance without doing those things would not be reasonable grounds.

Of course I'd know they hadn't done those things because I'd paid for the item (in this hypothetical example). So they can ask if I have a receipt, but my cheery "No thank you!" as I continue to stride out of the door wouldn't be grounds to arrest me.

You may find that the courts take a different view from you as to what constitutes reasonable grounds for arresting someone on suspicion of shoplifting.

SoupDragon · 04/10/2022 12:49

SirCharlesRainier · 04/10/2022 10:06

Presumably I wouldn't be entitled to a refund. Which is my lookout, and hardly an illegal act on my part.

So they do, in fact, have a right to demand proof of ownership.

cc1997 · 04/10/2022 12:59

SirCharlesRainier · 04/10/2022 10:05

Correct - and if they'd seen me take/conceal the item, make towards the exit without paying, and had preferably observed me throughout, then that would be reasonable grounds. Just checking on the off chance without doing those things would not be reasonable grounds.

Of course I'd know they hadn't done those things because I'd paid for the item (in this hypothetical example). So they can ask if I have a receipt, but my cheery "No thank you!" as I continue to stride out of the door wouldn't be grounds to arrest me.

I'm guessing you enjoy making security's lives more difficult, good for you... 🤨

SirCharlesRainier · 04/10/2022 13:22

prh47bridge · 04/10/2022 12:38

You may find that the courts take a different view from you as to what constitutes reasonable grounds for arresting someone on suspicion of shoplifting.

Well not so far, based on my experience doing just what I've described. And on cases that have actually gone to court. And on the guidance that shops issue to their security guards.

SirCharlesRainier · 04/10/2022 13:24

SoupDragon · 04/10/2022 12:49

So they do, in fact, have a right to demand proof of ownership.

To issue me a refund if I ask for one? Yes. To stop me from leaving the shop? No. Do keep up.

SirCharlesRainier · 04/10/2022 13:27

cc1997 · 04/10/2022 12:59

I'm guessing you enjoy making security's lives more difficult, good for you... 🤨

No of course not. Having good boundaries, obeying the law and expecting others to isn't an unreasonable thing to do.
I often choose not to accept a receipt - it saves paper and it's one less annoying thing for me to get rid of. I'm unfailingly polite but I'm not going to then go fishing round bins because a security guard asks me to

Crimeismymiddlename · 26/11/2022 20:30

Between this and the woman who was upset her child was prevented from harming themselves in b&q is it stupid customer day. I have worked in retail for so long, where I work now has lovely customers, other places not so much but normally they shout abuse or throw things not consider legal action because they were asked for a receipt. Obviously all the shop lifters I have chased shouting stop you thief should
all be suing me and be in counselling.
Get a grip and stop your mum wasting money on stupid legal action that will get laughed at. Feel free to ring customer services, the poor people who work there need some light relief.

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