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Author Topic: one for the legal beagles...  (Read 2155 times)
lazaroonie
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« on: September 29, 2010, 08:53:02 PM »

ok so about 5 weeks ago I am in dundee doing some work. I was leaving to come home, and realise that i am almost out of diesel. i spin into the sainsburys and put in about 30 quids worth of diesel, go into the shop, pick up a wispa and a bottle of water and go to pay

'any fuel ?'
'yeah pump x'
'do you need a receipt'
'no'

puts in my pin number and goes back to my car to make the journey home.

fast forward to saturday afternoon, when two big coppers come to the door looking for me, in connection with theft of fuel from sainsburys in dundee on the date i was there. i immediately think back to that day. As luck would have it, i had just got a bank statement, so has a scan thru it. At this point he cautions me, and reads me the 'witness statement' of the shop employee who claims i came in, bought goods worth about 3 quid, paid with a 10 pound note, and when asked if i had fuel said 'no'.

This is clearly nonsense, as my statement shows a payment by debit card for the amount of 1.40. hmmm

its obvious what has happened here, i know a lot of people like me dont check the amount they are putting their pin number in for, and they havent charged me for the fuel. Clearly, i am happy to pay for it, even although partly it is there error.

what does piss me off though, is the witness statement which clearly claims that I deliberately set out not to pay. I am quite angry about that, and would be interested to here what your next move would be.

The cop says he will take my statement back to tayside police and they will decide what happens after that.
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GreekStein
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« Reply #1 on: September 29, 2010, 08:56:11 PM »

do u remember who served u?
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Claw75
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« Reply #2 on: September 29, 2010, 08:57:05 PM »

get them to check CCTV.  Will at least back up your bank statement and show you paid with your card so that part of their story at least is codswallop, and depending how clear it is could back you up totally.
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George2Loose
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« Reply #3 on: September 29, 2010, 08:57:48 PM »

do u remember who served u?

Greek mafia!
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gatso
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« Reply #4 on: September 29, 2010, 09:04:26 PM »

if they claimed you said you had no fuel then paid for your chocs on a card you might have problems

as it is though it`s pretty clear they`re making it up to cover a mistake so can`t see there`s much to worry about
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ripple11
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« Reply #5 on: September 29, 2010, 09:13:51 PM »

The Police require proof of criminal intent.
 Unless they can prove you deliberately said "no petrol ", its seems you intended to pay and the cashier screwed up, and its up to the garage to ask for the money politely!
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doubleup
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« Reply #6 on: September 29, 2010, 09:37:45 PM »

if they claimed you said you had no fuel then paid for your chocs on a card you might have problems

as it is though it`s pretty clear they`re making it up to cover a mistake so can`t see there`s much to worry about

not sure about that - in Dundee when faced by contradictions of this kind, they tend to accuse someone of witchcraft.
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TightPaulFolds
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« Reply #7 on: September 29, 2010, 10:16:05 PM »

Your best evidence is your bank statements. Presumably you have hundreds and hundreds of records showing that you walked into petrol stations and paid by card without any hassle whatsoever. Then of course one day you just show up and try to nick some fuel  Roll Eyes Don't think so.
Most/all of the pumps will be visible by the teller;  in some stations (especially private ones) the teller actually watches who is pumping and will identify your pump number as you approach them. Except this one obv.
So what was your presumed masterplan? Instead of putting the fuel in and driving off, you reckoned that the teller might see you pumping, you were going to pay, but in that split second after he asked 'any fuel?' you realised that he was ignorant of your pumping and decided to try and grab some for free? I don't think so.

As far as libel goes, the onus is on the finger pointer to prove that you really did what they said you did. If they cannot show this, ie that it was not teller error, they have libelled you. Plus the hassle and ignominy of having a visit by the cops.
But forget a libel case. They cost a bomb and you might not win. You could maybe expect some 'settlement without prejudice' from Sainsbury's though, if you write a couple of angry letters.

The police called on your home and didn't chase you down the motorway why? The teller didn't notice that you were lying according to the discrepancy on the pump figures very quickly why? Cos he was dozing and probably only realized much later when the sums didn't add up....
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« Reply #8 on: September 29, 2010, 10:18:26 PM »



The cop says he will take my statement back to tayside police and they will decide what happens after that.


sfa
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thetank
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« Reply #9 on: September 29, 2010, 10:30:41 PM »

I think the police should be more interested in a Wispa and a bottle of water coming to 3 fucking quid.

This is the robbery here
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« Reply #10 on: September 29, 2010, 11:01:02 PM »

I think Laz's question here is not "How can I avoid prosecution?" but rather "Can I bring a prosecution against the **** who tried to stitch me up?"
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kinboshi
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« Reply #11 on: September 29, 2010, 11:40:10 PM »

The legal aspect of theft is the intention to take property with the intention of not paying.

Like Nick said, why on earth would you try and steal £30 of petrol when you've always paid for it in the past (and since then I'd imagine).  Looks like the garage ballsed up and there was a misunderstanding on their part.  I'm sure a decent lawyer will guide you through this.
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StuartHopkin
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« Reply #12 on: September 30, 2010, 09:06:38 AM »

I think Laz's question here is not "How can I avoid prosecution?" but rather "Can I bring a prosecution against the **** who tried to stitch me up?"

Yeah think everyone has missed Laz's point.

Are you sure you werent traumatised by the police visit Laz?
Scared to use a petrol station again after being set up as a criminal for some cashier who wouldnt admit to their own mistake.
Lost your job in the process because you couldnt bare to buy diesel?

No win no fee ftw
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« Reply #13 on: September 30, 2010, 09:43:07 AM »

I'd be suggesting the coppers investigate the shop assistant on a charge of wasting police time.
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Acidmouse
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« Reply #14 on: September 30, 2010, 11:43:54 AM »

Wow thats a real bummer, I do this all the time. Pay for petrol with card never bother checking or get recipt. The person who worked for the company if defo covering his ass and made this up and you will not get into trouble over it. The police will no way do you over this its a complete no brainer. I would go to citizens advice though and get them to look over the sitatuion, I think its very close to illegal what the worker did to you and the stress its causing you.
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