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Is it legal to secretly voice record your transactions in high street shops to use

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    Is it legal to secretly voice record your transactions in high street shops to use

    Is it legal to secretly voice record your transactions/conversations in high street shops to use as evidence if a shop assistant tries to lie to you or to go back on his word or if there is a dispute ?

    Could this evidence be used in a court of law ? or via an industry regulator ?

    I don't want to do this but I've had some shocking experiences in London shops, including one large store that has the word "Self" in it where I turned up to collect a pre-paid item , tried on the pre-ordered/pre-paid altered expensive trousers, they ripped because the fitter had not bothered to write down the alterations that he measured me for on the waist and then they tried to ask me to go home with the faulty product and no guarantee of money back or resolution because the guy who did the fitting was not there at the time.
    When I suspected that they were going to try it on and fob me off, I started secretly recording them as evidence, thankfully, I never had to use the evidence and I never had to do it since.

    I feel that I am "in store" for a few problems with some Chavvy shop assistants.
    Last edited by eliquant; 1 July 2009, 23:06.

    #2
    Originally posted by eliquant View Post
    Is it legal to secretly voice record your transactions/conversations in high street shops to use as evidence if a shop assistant tries to lie to you or to go back on his word or if there is a dispute ?

    Could this evidence be used in a court of law ? or via an industry regulator ?

    I don't want to do this but I've had some shocking experiences in London shops, including one large store that has the word "Self" in it where I turned up to collect a pre-paid item , tried on the pre-ordered/pre-paid altered expensive trousers, they ripped because the fitter had not bothered to write down the alterations that he measured me for on the waist and then they tried to ask me to go home with the faulty product and no guarantee of money back or resolution because the guy who did the fitting was no there at the time.
    When I suspected that they were going to try it on and fob me off, I started secretly recording them as evidence, thankfully, I never had to use the evidence and I never had to do it since.

    I feel that I am "in store" for a few problems with some Chavvy shop assistants.
    A shop being private property would probably have this covered in their trading terms and conditions and you would need permission first. If you had permission, you could probably use the 'one party' legal precedent that seems to come up in Google searches - if the consent has been obtained from one side of the conversation (you in this case) this is enough & there is no requirement to obtain consent from the other side.
    This situation differs from where someone 'taps' into a 2 way conversation without consent and is not a party to it.

    Not sure you could use the recording in a court of law unless you could prove that you followed established techniques in obtaining it, it was original, not tampered with, non -repudiation etc.

    PZZ

    Comment


      #3
      Originally posted by pzz76077 View Post
      A shop being private property would probably have this covered in their trading terms and conditions and you would need permission first. If you had permission, you could probably use the 'one party' legal precedent that seems to come up in Google searches - if the consent has been obtained from one side of the conversation (you in this case) this is enough & there is no requirement to obtain consent from the other side.
      This situation differs from where someone 'taps' into a 2 way conversation without consent and is not a party to it.

      Not sure you could use the recording in a court of law unless you could prove that you followed established techniques in obtaining it, it was original, not tampered with, non -repudiation etc.

      PZZ
      I am quite amazed that in England, recording onversations without formal consent from the other party creates non admissable evidence in court, it seems to protect the crooks more than the victms, I mean even though the shop is a private property and you are there "by invitation", what is there to protect you from the shop assitant telling lies about the product up to including the point of sale ?

      I mean they are recording you on security cameras from the moment you walk into the shop without your consent.
      Last edited by eliquant; 1 July 2009, 23:57.

      Comment


        #4
        Originally posted by eliquant View Post
        I am quite amazed that in England, recording onversations without formal consent from the other party creates non admissable evidence in court, it seems to protect the crooks more than the victms, I mean even though the shop is a private property and you are there "by invitation", what is there to protect you from the shop assitant telling lies about the product up to including the point of sale ?

        I mean they are recording you on security cameras from the moment you walk into the shop without your consent.
        The 'invitation' would almost certainly have conditions attached to it, such as letting them capture you on video, though I believe that there are restrictions on them recording verbal conversations between parties without their permission.

        PZZ

        Comment


          #5
          Originally posted by pzz76077 View Post
          The 'invitation' would almost certainly have conditions attached to it, such as letting them capture you on video, though I believe that there are restrictions on them recording verbal conversations between parties without their permission.

          PZZ
          And that's why people in shops "just say anything" and lie and try and con you.

          Comment


            #6
            get a t shirt printed with the phrase 'conversations may be recorded for training purposes' They would probably think it's a joke and ignore it.
            Rule Number 1 - Assuming that you have a valid contract in place always try to get your poo onto your timesheet, provided that the timesheet is valid for your current contract and covers the period of time that you are billing for.

            I preferred version 1!

            Comment


              #7
              You don't need it for the courts. You need it for the newspapers! They'll print it and cost them more in lost revenue than the courts can ever do. Record them and threaten to send the transcripts and recordings to the new desks of whichever newspapers are appropriate for the demographics of their customers; the Sun, Mirror, Star for Primark et al, and the Telegraph, Guardian and so on for Selfridges, Waitrose, John Lewis et al.
              When money ceases to be the tool by which men deal with one another, then men become the tools of men. Blood, whips and guns--or dollars. Take your choice - Ayn Rand, Atlas.

              Comment


                #8
                Next time pay with a credit card and refuse to accept the goods if they are not fit for purpose.

                Trying to record some sales assistant and use it as leverage is pointless IMHO.

                No newspaper will be interested in publishing what the minimum wage Saturday shop girl said to get you out of her face.

                Comment


                  #9
                  yeah get out the phone and tell the snotty unhelpful shop assistants that your putting them on youtube then watch their faces go

                  Comment

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