So just this past week, I was caught switching the tags on a hat with another in hopes of saving a few dollars. After purchasing the item (and before I left the store) I was grabbed on the shoulder aggressively by store security. I asked him why and where he was taking me. He replied with how I committed a crime and he has the right to detain me. I told him to get his hands off me as he was being very aggressive and I felt assaulted. After getting to the security room, he made me clear my pockets, etc. He asked some random questions after and I refused to give them to him. He got a little upset that I kept my mouth shut; however, I know my rights as a minor and I asked him if I could get turned over to my dad. He threatened to phone the police, but I didn't fall for it. I knew he wouldn't phone the police over a minor trying to save $6. I further then signed a paper agreeing that I am banned from Winners Merchants Intl. My dad then arrived and I was released shortly after. I am 17 years old and I have no previous criminal records.
This week, I received mail stating that I owe Winners Merchants Intl $595 for claim charges. They also state that if I don't pay, they might take me to court. Also, what I committed was fraud, and in the letter it states I shoplifted. Should I be concerned about this letter? Or is it just a mass letter they hand out to all the shoplifters every week to grab some free money? I am pretty sure a $6 claim is not worth the time or hassle on winners' side, but I had to ask just in case. Thanks.
Asked over 1 year ago in Vancouver, British Columbia
Categories:
Civil Litigation
Small Claims
Reply by Police Officer the shield |
You are sadly mistaken as to what your rights are when you have been arrested. The Loss Prevention officer MUST take physical control of you to effect an arrest. He/she can't simply see you from across the store and yell to you that you're under arrest and expect that should you run away that you've escaped lawful custody. They are entitled to use as much force as necessary to effect their lawful purpose. You repel their attempt to gain physical control over you and they can increase the force but must be able to justify the amount of force used during the arrest. You can feel assaulted all that you want but they have done nothing wrong. Technically the Loss Prevention officer contravened the Criminal Code by releasing you to your father. The Criiminal Code is very clear that a citizen who makes a lawful arrest such as in your case, they MUST turn the arrested party over to a police officer. Not maybe, they MUST. You should count your lucky stars that they put their job in jeopardy for whatever reason by turning you over to your father. Your next appearance would have been in a Youth Court. Switching tags is Fraud but this wouldn't be fatal error on your trespass notice. You engaged in a prohibited activity on their premises and they decided that you are not entitled to be on their property. I really hope that you change your cavalier attitude before you become an adult because you are on a collision course by the way that you are proceeding and perceive authority. As for the civl recovery letter search the forums under civil recovery, shoplift, shoplifting and you'll find a number of responses from various lawyers.
Posted over 1 year ago
I am a retired police officer with experience on the Tactical team, Vice Unit,
Major Crime Unit and Drug Squad.
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
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 |
 Ontario lawyer
|
Both Ontario (where I practise law) and British Columbia have Parental Responsibility Acts. Your parents could therefore be held responsible for the claim by Winners arising from your intentional shoplifting, as you are under 18 years old, unless your parents are able to prove that you did not intend to shoplift (which it appears you did), or that they exercised reasonable supervision and made reasonable efforts to prevent such damage from occurring.
Posted over 1 year ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
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 |
British Columbia lawyer |
All interesting comments by the others. I take a different view of the actual answer to your question. I do not think the store has a claim for $595.00. Even if they prove fraud, their damages do not exceed their loss, which you describe as $6.00. They may have some additional expenses, but I do not think they can claim the "overhead costs" of for instance employing their security guard.
Posted over 1 year ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
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Comment from British Columbia
i was caught shoplifting too. i am 16 and was caught for a scissor worth 7$(never ever do that again:() but i was nice to the The Loss Prevention officer.Will i still be charged around 600$? or it will be less.
Posted over 1 year ago
|
Ontario lawyer |
To L.John Alexander: There was a case which was decided a little while ago, don't remember the name or jurisdiction, though I think it was either Ontario or British Columbia, where the judge did in fact award the additional proveable "overhead costs" related to the particular fraud ie employee hours spent dealing with the matter. However, in many cases, stores will not bother to claim as the expense of pursuing the claim may not be worth it especially given caps in costs recovery in small claims cases (in Ontario at any rate).
Posted over 1 year ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Contact Lai-King Hum, search
the Lawyer Directory, or use our free Lawyer Referral Service.
Comment from toronto, Ontario
Hi dearI live in Toronto. Actually i got caught of shoplifting one year ago.it was first time.and my criminal history was clear.police charged me because of engaging in prohibited activity on promises and store charged me too by sent me a mail one month later.Although i didn't accept that i 'm a theft ,but the security enforced me to sign some papers and called police to come there.Anyhow i paid both and i didn't go to that store for one year as my commitment.now i'm going to apply for citizenship.
My question is :Am i eligible for citizenship or i have criminal record and i'm not?Please guide me by reply to this email.I'm waiting for your answer.
Yours,
Mahsa
Posted 8 months ago
Comment from toronto, Ontario
Hi dearI live in Toronto. Actually i got caught of shoplifting one year ago.it was first time.and my criminal history was clear.police charged me because of engaging in prohibited activity on promises and store charged me too by sent me a mail one month later.Although i didn't accept that i 'm a theft ,but the security enforced me to sign some papers and called police to come there.Anyhow i paid both and i didn't go to that store for one year as my commitment.now i'm going to apply for citizenship.
My question is :Am i eligible for citizenship or i have criminal record and i'm not?Please guide me by reply to this email.I'm waiting for your answer.
Yours,
Mahsa
Posted 8 months ago
Reply by Police Officer the shield |
Engaging in a prohibited activity is the wording used for a ticket under the Trespass to Property Act. This is Provincial legislation and does not qualify to be entered on a criminal record as a result. You are eligible for citizenship, you do not have a criminal record and there is a high probablity that there may not even have been a report submitted by the officer and his remedy to the situation was the ticket in lieu of continuing the arrest and laying a criminal charge.
Posted 8 months ago
I am a retired police officer with experience on the Tactical team, Vice Unit,
Major Crime Unit and Drug Squad.
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Search
the Lawyer Directory, or use our free Lawyer Referral Service.
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