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A police officer who discovered a loophole in Tesco’s Clubcard loyalty scheme has been convicted of cheating his way to 18,000 Air Miles.
PC Shaun Pennicott faces losing his job after being convicted of “going equipped to cheat” when he repeatedly abused the supermarket’s self-service checkouts.
In two months the loyalty points he collected would have paid for six return flights between London and New York.
Tesco admitted yesterday that the loophole was still open. It would cost too much to close it but procedures were in place to alert the company if any of the 13 million families that use its loyalty scheme attempted to abuse it.
Pennicott, 42, had become obsessed with collecting loyalty points, visiting his local Tesco “morning, noon and night”, Luton Crown Court was told.
The father-of-two had discovered that coupons for loyalty points could be used repeatedly because there was no barcode reader in the slot for the coupons on the self-service checkout machines.
Samantha Leigh, for the prosecution, said that Pennicott would sometimes use the same voucher three or four times. Each bonus point is worth a penny and every £2.50 Clubcard voucher can be converted to 60 BA miles.
“We say he was obsessed with Clubcard points,” she said.
Pennicott discovered the loophole when a supervisor helped him to use the self-service checkouts when they were installed at the Tesco Extra branch in Watford town centre in November 2005.
In the two months between December 2005 and January of last year he made 154 transactions at the store. On every occasion he used the 150 bonus points coupon, collecting a total of 75,000 loyalty points on his two Clubcard accounts which were automatically converted into British Airways Air Miles.
On one occasion he went into the store and bought a newspaper, taking it to a self-service till to pay. He then scanned the barcode of a coupon promising an extra 150 loyalty points three times, clocking up 450 points.
Ms Leigh told the court that in September 2005 the officer had legally taken advantage of a Tesco promotion involving Bird’s Eye meals. In three days he bought 759 of the cheapest meals and received 38,000 Clubcard points.
Tesco called the police when the officer’s Clubcard accounts were flagged up by the store’s computer to be security checked because of the number of points.
Kay Clements, the operations manager for Tesco, told the court: “We knew about the situation at the trials stage . . . we have calculated the loss and it is not enough to warrant the investment of putting a reader in every machine.”
Pennicott, a constable with Hertfordshire Constabulary for 14 years, was was found guilty on Friday of eight charges of going equipped to cheat. He was fined £800 and ordered to do 120 hours’ community service.
Pennicott, who has a holiday home in Tenerife, told the court that he planned to high-light the loophole and his transactions were to be examples he could show to the company.
“As long as I tell Tesco of this problem then surely I am not committing any offence,” he said.
Judge Michael Kay told him: “This became an obsession in my judgment. You were so greedy you would do virtually anything to obtain Clubcard points and turn them into Air Miles. You regularly travelled abroad and that is what attracted you.” The judge described his defence as “preposterous”.
Chief Superintendent Jeremy Alford, of Hertfordshire Constabulary, said after the case: “I expect police officers to be honest and act with integrity. Shaun Pennicott did not live up to the standards I expect.”
Pennicott is expected to resign from the police, his barrister said, or face disciplinary proceedings with the likelihood that he would be dismissed.
A Tesco spokesman said yesterday: “In terms of the number of people who do this there may be one here or there.
“But there are ways of being able to tell who is abusing the system.”
Self-service checkouts were first introduced in Britain in the early 1990s and reintroduced in the late 1990s. There are now an estimated 500 machines in use at stores including Tesco, Marks & Spencer and Asda.
How he cheated
— How the Clubcard scam worked, as described to the jury at Luton Crown Court:
— PC Shaun Pennicott obtained a Clubcard from his local Tesco
— He was sent a coupon by the supermarket offering him an extra 150 loyalty points
— The officer attached the barcode from the coupon to the back of his Clubcard keyring fob
— At the supermarket’s self-service checkout he scanned the barcodes on the Clubcard and coupon
— When the checkout machine requested the coupon, he inserted a blank piece of paper and then withdrew it. There is no barcode reader in the machine to check if coupons are genuine
— His Clubcard account was credited with the extra points
— Pennicott repeated the scam up to four times on each shopping trip
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The moral of all this is that a seemingly minor infringement of the rules of honesty can lead to catastrophic results if you are in the police, which is an honourable and trusted occupation.
What happens if you are a member of parliament?
Well of course you are in a similar position - AREN'T YOU???
david nammory, liverpool,
What a complete waste of public money - i know police officers who have got away with a lot more than this purely because they are part of the old boy network - good luck to you Sean and as you resign you should give the job a flip of the finger for the way they have treated you.
Goffy , Stanmore, UK
I know Sean and he is a nice guy and has done a lot of good in his police service, ridding the streets of "real criminals" muggers, rapists, druggies etc - i can assure you he isnt the only one guilty of this offence - in fact there are a few police officers committing exactly the same offence even as we speak. Seans face obviously didnt fit which is why he has been "made an example of". There are many more police officers still serving that have commited far worse offences but obviously are more well known on the old boys network so have got away with it! Good luck to him i say to deprive the multi million pound company of a few meagre clubpoints, they are insured against this kind of thing and no one has been hurt so i dont know why everyone is taking the moral high ground - let him who is without sin etc etc
Goffy , Stanmore, UK
While this officer may indeed be a nice person, and he may be very good at being a police officer ordinarily, what he has been convicted of is an offence centred on dishonesty.
A police officer must not be dishonest as that goes to undermining the fundamental trust that is placed in the officer. If officers could be dishonest and remain officers how do we know that when they seize property, or cash, or find people unconcious etc that they will act with integrity and not abuse thier postion?
The only victim in this may have been Tesco, which as know has almost limitless resources, but it is the thin end of the wedge. When a person gets used to getting away with low level dishonesty they start to think higher forms of dishonesty are not so bad and thus it goes on. I have no sympathy for someone who absolutely should have, and probably did, know better.
Damian Warburton, Bristol, UK
He has not lost his job, he has been forced to resign
ken D, Peterborough, uk
I have known Shaun for 6 years, and as Jay said you could not find a nicer person. However, I do think he was wrong in doing this "scam" but does is really warrant him loosing his job?
There are a number of people employed by Herts Constabulary who have been convicted of drink drive, which I feel is a far worse crime, and they still have their job.
Tim, Epping, UK
Given Tesco knew about the problem they should have done something about it, and should do so now. The onus is on Tesco to ensure the system is fraud poof. If you leave your windows open and something is stolen as a result, the insurance doesn't pay. Why should the tax payer for the trial?
Jess, Manchester, UK
He should be given psychiatric help for his obsession of club points and not be treated like a criminal. His obsession is a mental illness.
SADRUJASANI, GRANADA HILLS, CALIFORNIA/USA
You have sensationalised this story out of all proportion, 18,000 BA miles would not even take him half-way to the USA, BA requires 20,000 points for an economy trip to Iceland. The cheapest fare to the USA is actually 50,000 miles. He can hardly be called a "hight flyer" with such a trivial amount of BA Miles. I suggest that you check your facts in advance next time.
CR, Cheltenham, UK
I know Pc Pennicott, you will not find a nicer person. He would not have been in court if he were not a Police Officer.
Tesco's should employ him.
Jay, Watford, UK
Yes he was wrong to take advantage of a loophole but Tesco are even more in the wrong for allowing it to happen when they knew about it. Give him some form of punishment but not the loss of his job. In reality he didn't steal, he paid for every item so why should his punishment be so draconian?
Jacquie Tosh, Dumfries,
Air Miles aren't worth much, really. The other day there was a comment on here of a man who'd used them to pay for part of his flight to New York, and when he was on the plane he found out that the couple next to him had paid the same price. Their "discount" was exactly the same as his air miles!
Starling, Lancaster,
"Hear, hear" to Colin of Milton Keynes. I couldn't have put it better myself.
Annie, Cambridge, UK
How else could he fly to New York and back SIX TIMES on a policeman's salary? Hang on, think I missed the point. This guy is clearly an obsessive individual who is not fit to be a Policeman. In my humble opinion of course.
Tom Magal, London, UK
Tesco should be ashamed of itself. Wasn't there an article here in the Times Online a couple of months ago that told of Tesco refusing to pay a motorist compensation for selling him contaminated fuel which subsequently damanged his lorry/van? Even after the courts found in favour of the motorist, Tesco didnt pay up, resulting in bailiffs cordoning off thousands of pounds worth of alcohol. If Tesco failing to pay up results in a simple "slap on the wrist", why should this PC be subject to more serious punishment?
Surely a just punishment would be to revoke the PC's Clubcard, revoke all points, ban him from ever using a Clubcard and possibly, banning him from Tesco? To lose ones job for something as trivial as this is just absurd.
Pete, Cov,
Two things:
The self scan checkouts were rushed into use with inadequate planning - remember you could use your debit card last year without entering your PIN number? Now we learn of the coupon trouble. Both faults down to Tesco - I think their shareholders should be asking questions!
Secondly, if this PC loses his job it will be a wicked waste of his knowledge, skills and training built up over 14 years. So long as his supervising officers know about his exploits with Tesco, he daren't ever step out of line again and we may expect him to be absolutely straight whilst a PC and a strict martinet for discipline when he is promoted to sergeant and inspector!
John Norfolk, Tiverton, UK
Interesting that the whole country now know how to exploit this loophole which Tesco have said is not worth fixing! They say they have ways of finding out what customers are up to...it took them a year for this guy! Tesco should be thanking him for flagging up the problem, not having him arrested!
Josie, Plymouth, UK
could this be just because he is a policeman,l do not think it would have gone to court if he was not,Tesco was to blame for not stopping the problem when it knew all the time about it. what a waste ot tax payers money.
Betty Blanning, Brighton, Sussex
Over 700 Birds Eye ready meals in 3 days - WOW!!!
Incredible story. What a way to lose your job and credibility. Why on earth did he put up such a ridiculous defence, if he had come clean the judge may have taken a more lenient view, his behaviour became obsessive and borderline fruitcake, maybe he should have played that card.
Oh well, he can sit back in his holiday home and take stock.
HM, Leeds,
Not exactly the Great Train Robbery but he knew he shouldn't be doing it.
However, suggesting that his pension should be taken for this is pretty harsh and unjustified and definitely shouldn't happen.
How many idiots out there really expect any copper to go through life completely free of all minor offences. Get real will you.
Mark Duffin, Stratford/Shanghai, GB/China
Obviously he intended to defraud Tesco out of additional points - but the value of those points is microscopic. Tesco's should simply have banned him. Instead, rather than upgrade their systems (expensive), they made an example of him (cheap). It's a bean counter's mentality. And that's what Tesco's are - just beancounters. The Judge should have shown more sense.
phil, london,
These comments show why so much is wrong in this country. When did it suddenly become acceptable, even positive, to steal?
Tesco's knew it could happen, so its their own fault? Great arguement. I know i could get burgled, so if i do, its my fault.
Theft is wrong, its that simple. Yes, im sure its understandable in some situations, but to steal out of no need is simply wrong.
We seem to live in a society that is more and more 'grab what you can', and then people complain that there is no sense of community anymore..... i wonder why?
I hate to think of my kids reading some of the replies on here. Do you want your kids seeing a thief being told "well done"?
Colin , milton keynes,
They are, but is he ?
Neil, Chester, Cheshire
What a waste of time for all concerned.
Tesco should have corrected the mistake before putting the machines for use by the public.
No wonder our courts are stuffed up with real criminals getting away with just about everything.
Not to mention that the service at Tesco Watford is rotten so no wonder people resort to using the self service till.
You can wait in line for 20 minutes as there is only usually one person on the customer service desk let alone enough check out staff.!
Janet, St Albans, United Kingdom
I think it's tragic, actually - the man's obsession would have gained him relatively little when balanced against the humiliation, disgrace and loss of employment he now faces ... and although I'm sort of sorry for him, because I expect he thought he was hurting nobody, he WAS a police officer and if you enter that profession then you have a moral obligation to obey the law and to be honest and above board in all your actions ... which he patently wasn't.
S. Main, Turriff,
I cant believe the way Tescos treats its customers, the whole point of a loyalty scheme is to keep customers coming back, tempting them with offers of extra points and then making people that find loopholes look like criminals is just the way Tesco likes to act.
The article states he bought stuff on every visit, being just a newspaper or 759 ready meals. He did not shoplift or steal anything!
Look at the reports of why Tescos revised its overcharge policy, it is now Double the difference due to people getting free items by their old "full refund and you keep the product"
Some of the people that used this loophole were treated like criminals, being escorted from stores by security staff and being "banned" from stores. JUST FOR BEING OVERCHARGED! WHO ARE THE CRIMINALS HERE???
Chris, Chatham, Kent
Why don't the police investigate the Tesco clubcard points scam instead? which affects every Tesco clubcard customer. He appears to be "guilty" of greed for clubcard points which Tesco says on each voucher have no monetary value. Points don't exist in the "real world" only Tesco world, so I am not clear on what crime has been committed. If they don't want customers using their clubcard then cancel the clubcard or ban the customer, but it seems he paid for all his purchases. If Tesco are giving away BA flights worth several hundred pounds for approx. £10 worth of points then that is where any investigation should be focussed.
john smith, manchester, uk
If Tesco knew of the problem and allowed it to happen, then how is this a criminal offence? I am I the only person left in this country who is fed up with a legal system that has completely the wrong set of priorities? The police today have completely lost their nerve for catching real criminals and content themselevs and 'meet targets' by harasing anyone who is an easy touch.
Stephen Roberts, London, England
That is brilliant, fair play to him, if Tesco's had taken notice of what he said and what he did, there negligence..
Adam Webb, Bucks, UK
What a waste of Public rescources - in my view Tesco, the super, supermarket should fund the sorry state it got itself into. Why should we pay for their loopholes in an obvious moneymaking venture?
Brian Charles Seals, Scarborough, England
I see. So if a customer is smart enough to beat a system that only exists to get customers into the shop and is too technically inept to be allowed out yet, that is naughty. Come on people this is no different from a professional gambler "card reading" . If the PC is too clever for Tesco then ban him. Make him go to a the corner shop as a punishment. (called community service)
But he keeps the points and his job. Or is ''too clever' not PC?? Clearly not your average Mr Plod.
Of course its perfectly OK for Tesco to kid everyone that they are buying toothpaste in a tube in a box in a bag when in fact they are buying a bag with a box in it with a tube inside that has a squirt of toothpaste that cost almost zip to produce.
What a joke.
Obviously 1984 really happened. I must have been asleep!!
Winston James, Cape Town, South Africa
I agree with Nicholas .......... no newspapers at breakfast is not civilised !!!!!
If TESCO discovered the inadequacy during trials and acepted their error then why are the courts used to sort it out and not TESCO using a bit of common.
Steve Clarke, Andover,
Why do people feel the need to blame Tesco for this? There is a loophole in their systems which allows people to cheat but it doesnt mean people have to. Thats an absurd argument
Samuel Hon, London, UK
Im shocked - an intelligent policeman ! - promote him
stephen abxter, BIRMINGHAM , UK
Oh so it's OK for a copper to be dishonest? What an idiotic sentiment!
If he is dishonest enough to conduct this scam then he has no right to be a police officer. Also he should have been dismissed and not allowed to resign as he has no right to his pension either.
We the public expect nothing less than total honesty from the guardians of the law.
Examples need to be set.
Dek Crossingham, Birmingham, England
Discover and exploit a loophole in the Tax Legislation and you'll become a top financial adviser or merchant banker with a seven figure annual bonus. But dabble with Tesco at your peril! A shameful case that should never have been brought.
Dick Pyle, Barran, France
Errr... hang on on a minute - he was found guilty of the crime of "going equipped to cheat" ??? And no-one says what on earth is that all about? Has anyone actually heard of that offence before? What - exactly - constitutes "going equipped to cheat"? Going where? Equipped with what? To "Cheat"? What the??!!??/
Luciano, Bristol, England
Firstly, anyone thinking that coppers are beacons of honesty in this crime-filled country are deluding themselves. I've known a few and most would jump at the chance to do something like this if they thought they wouldn't get caught, just as most of us would. How many of you would hand in a £10 note found in the street? If you keep it, you're as guilty as him.
Secondly, as several people point out, what a waste of effort and public money bringing this to court when muggers, murderers and terrorists stalk our streets unmolested. It's the same old thing about only nicking those criminals who are easy to detect. Anyone else can do what they please.
Derek Leach, Bredhurst, England
Well done PC Pennicott! I wish he could do something about Tesco stopping newspapers at their cafeteria.
nicholas gordon davies, lake,
This just shows the greed of Tesco setting up a system that can easly temt someone to break the law. If I was running Tesco I would not allow such a system.
The man is not fit to be in the police but Tesco should be ashamed of itself.
Johnny Norfolk, Mileham, Norfolk
Absolutely ridiculous. As a barrister, I wonder at the petty-mindedness of the CPS sometimes. This sort of case undermines public confidence in the criminal justice system.
In determining whether to prosecute, the prosecution are supposed to consider what is in the public interest. In weighing that decision the lawyer is expected (among other things) to balance the seriousness of the case against the consequences for the defendant. A lamentably poor judgement. I am saddened that the jury did not have the sense to chuck the case - but at least that safeguard still exists.
TW, London, UK
What planet are you from? Cheating not a serious crime? By a policeman? If a company does not set up a foolproof anti-cheating system, cheating becomes ok? Where are you going to draw the line? Rhetorical question because if cheating is ok you can't draw a line based on principle.
Martin, Singapore, Singapore
i cannot belive what a waste of time this was to bring a person to court, in my eyes he has not stolen anything, if this points system allows such abuse of use so be it, he purchased the items and recieved the points, we are dealing with many people stealing from each other every day and when they get caught the get a coution, this is a crazy country we live in
ian kyte, luton, beds
What a joke. The system is flawed, then they punish someone else for taking advantage. This is plain wrong and Tesco have now gone down even further in my opinion.
Utterly disgusting. I hope he tries to appeal, he does not deserve this treatment or the sentence at all.
Ed, Croydon,
Yawn, It is Tescos(£2,000,000,000 profit) fault. They have not set up their stupid loyalty card scheme properly. Pathetic waste of the policemans time, tescos time, the courts time and my time for reading about this.
Martin, Chester,
Bright ones like this should be encouraged. Bent and unintelligent ones should be got rid of.
Mike, london, uk
How many thousands of pounds did it cost to bring this "case" to court? What a waste of time. Let the man get back to his job. We are sorely in need of police officers, and I would hardly call this a serious crime.
sophie, east anglia,
Still only 750 quid if you dedicate your life to club points, think of what he could have earned in overtime!
steve, norwich, uk
He's not fit to be a police man. Criminals should be excluded from the police force. Full stop.
Chris, Lichfield, UK