shop lifting / theft - fixed penalty notice - appealing

[mani78]

hiya,

Has anyone managed to appeal a £80 penalty fine for shop lifting? Also the shop are suing her and she will have to pay costs.

my friend is not sure whether to appeal it or not.

I guess we can see why it would look like she was shop lifting but that wasn't her intention.

She was buying a gift set thing. She had bought one before and there were things missing from it. So this one seemed rather light too so she took some products from another gift set and started putting them inside of the one she wanted. Then she went to pay and left. Then undercover security stopped her and asked her to come back in. She explained she had a receipt and the guy said that she had concealed items in the gift pack and left with out paying for the ones she concealed. We can see how that must of looked bad especially on camera. But really wasn't her intention.

Do you think its worth appealing? Paying is really not a problem when it comes to money, but we are just worried that it will now be on her record. i know it wont be a proper criminal conviction, but it still looks bad especially if someone does a enhanced cbr check. She is 30 and feels so embarrassed about it all. The shop manager was right in saying that she should of asked staff to check if the right amount of products were in the gift set, but she didn't.

So question 1: should we appeal the penalty notice?

Question 2: has anyone succeeded in doing this and how did you go about it?

Question 3: should we appeal the shop suing her?

Question 4: does this show on a enhanced cbr check?

Question 5: will this permanently be on her record or does it get removed after a certain about of years?

all answers will be appreciated!! many thanx !!!

[sumo19]

Also, cautions do come up on a standard disclosure, even if they are spent.

If they are stepped down, then they only appear on enhanced disclosures.

[mani78]

hi sumo and judge,

thanx so much for all your info!! its fantastic!!

The fine will be paid tomorrow and then we wait for the shop to contact about paying their expenses etc....

But just wondered how would she go about getting it deleted from her record? is it something she could ask the local police station to do?

also my friend is starting training to become a councillor. If she succeeded or gets work placement does that mean she will have to have an enhanced crb therefore showing this penalty?

[mani78]

good question eddie. i wanna know too.

the fine was paid today everyone. just let you know.

does any =one know how to get a crb check for urself

[factor-fiction]

hello mani78. No, I don't think anyone can get a CRB check on themselves- it has to be requested by a registered body.

[mani78]

damn.

i really need to get one for something and i dont know how to go about it

[socket2008]

Only a company employing someone can request a CRB and they have to abide by the CRB code of practice. Even registering your company is something like £300 and you have to go through a question answer grilling.

I'm all for this. I worked with someone who disliked their neighbour. They thought that the neighbour had been in trouble before and wanted to do a CRB check to 'cause them problems'. As long as individuals like that exist, I firnly believe that CRB checks should exist between a registered company and the CRB and not opened up as a pay as you go service for all comers.

[mani78]

hi socket,

i agree.

i have to get one for the most ridulous thing too.

basically my partners mother and ex girlfriend with whom he has a son, is making our life very difficult.

they have gone through a solicitor and sent a letter which basically says that my partner can not see his son or take him on holiday if he has contact with me.

So my boyfriends solicitor says ifi can get a crb to prove that i dont have a criminal record or on the run etc.. then they cant say anything.

I have been seeing his son for over a year now.

im so stressed as its ruining our relationship.

i really dont know how else to prove i am who i am and havent been convicted of child abuse or anything else.

[jno]

that sounds illegal to me, mani, and having a solicitor write it down does't make it legal. Someone else may be able to offer fuller advice, or a citizens' advice bureau may be able to help.

[mani78]

CIT ADVICE ARE USELESS

[peko]

hello i wonder how u know the shop is suing you?

[worried1234]

Hi,

Please can someone tell me whether I need to disclose a PND (Fixed Pentalty) when I am applying for my accountancy qualification with ICAEW? As it does not appear in a standard disclosure, is this still relevent?

Thank you

[worried1234]

Hi,

Please can someone let me know whether I need to disclose a PND (fixed penalty) when applying for my Accounting qualification with ICAEW? Since PND does not appear in a standard disclosure, is it still relevent?

Thank you

[cnjay007]

Hi
I was covicted to a similar penalty recently. i was issued a fixed penalty.
i'm an student here in UK. i wish to apply for work visa next year. will this affect me in my visa application?

thank you

[cnjay007]

I paid the penalty amount of 80 pounds.
but im worried. please advice me on this if you can

thank you

[gopher_that]

she would have to win in court, as she concealled the items it would be hard to win arguing that there was no mens rea for theft, that she thought she was allowed. Loosing in court will bring a conviction, even an absolute discharge will show on a standard crb, though that is unliely to be outcome on loosing.

[gopher_that]

cnjay007 a fixed penalty for theft should not affect an application to for a work visa in the uk as its no admition of guilt, ironically for the usa it will do even the arrest will do unless backed by an aquittal, does not mean they wont issue you a visa, does mean you cant go to America on a visa waiver (holiday) without a visitor visa, unless you are American of course, that you need a work visa for UK would indicate you are not an EU citizen so your country may or may not be on the visa wiaver scheme for the US (the Americans call theft morrally turpidual and even an arrest has to be declared, for visa purpose in the US an aquital or no charge should bring a result of being accepted for a visa (not rejected on that ground) but anything else depends on how your US visa interview goes.