Coat disappears from bar's cloakroom - rights to complain?

[des8]

Re: Coat disappears from bar's cloakroom - rights to complain?

See post 16 ................. worked once see post 28

[jaydee]

Re: Coat disappears from bar's cloakroom - rights to complain?

Hi All

A different approach why not politely say if we can not reach an amicable solution I will be notifying the Local licensing officer with a view to making
a formal complaint.

[des8]

Re: Coat disappears from bar's cloakroom - rights to complain?

Fine, by all means complain to the licencing authority (the local council) but theft of coats is not one of the offences listed under the Licencing Act 2003 which will lead to sanctions, so I don't really see the point of the threat.
Certainly expect people following post 16 to phrase it somewhat differently, and give the restaurant an opportunity to reconsider their revised decision.
But still show that having lost coat you will not be fobbed off.

[Juliemacgregor]

Re: Coat disappears from bar's cloakroom - rights to complain?

I think nightclub restaurants etc think they can fob ppl of as it is too much hassle to go thru correctly procedure and very costly also but if like I did made them think hey she's not letting this go will make them them reconsider & do the right thing ?

[jaydee]

Re: Coat disappears from bar's cloakroom - rights to complain?

Fine, by all means complain to the licencing authority (the local council) but theft of coats is not one of the offences listed under the Licencing Act 2003 which will lead to sanctions, so I don't really see the point of the threat.
Certainly expect people following post 16 to phrase it somewhat differently, and give the restaurant an opportunity to reconsider their revised decision.
But still show that having lost coat you will not be fobbed off.

Hi

One of the objectives of the Licensing Act 2003 s182 is the prevention of crime and disorder whether inside or outside licensed premises. Thus if a coat simply vanishes there are two possibilities there has been a genuine mistake or in the alternative it has been stolen thus s182 of the Licensing Act 2003 would be applicable. Needless to say the later would apply to any property stolen and the licencee must take reasonable safeguards to prevent crime and disorder - CCTV cameras - SIA security personnel. Therefore the local authority Licensing Officer would be an appropriate and relevant person to contact.

[des8]

Re: Coat disappears from bar's cloakroom - rights to complain?

But as CCTV was in position, and reasonable safeguards were in position, nothing will happen and op won't get coat back by threats of reporting to Licencing Authority.
IMO a gentle reminder of the restaurant's liability is going to be more effective than a threat to report to the LA.
But there you go.....the strength of the forum lies in different opinions!

[vivienth]

Re: Coat disappears from bar's cloakroom - rights to complain?

Hi and welcome.
Presumably this was a recent occurrence.
Write to the club, and tell them you are holding them liable as per Part 1 Chapter 4 of the Consumer Rights Act 2015 SERVICES and require reimbursement for the coat and car keys.
Failure to comply will result in the commencement of court action.

Hi des8,

Something similar happened to me and I'm wondering if you could help me out. I went into a club 4 days ago very drunk and did coat check. I haven't picked it up yet but the reason I didn't go immediately was because I assumed the coat check would be a secure service (which I think is a reasonable assumption because it was my first time using coat check). I'm planning on going tomorrow but if it isn't there, do you know which law I could cite? I'm living in ontario, canada.

Thanks a lot!

[des8]

Re: Coat disappears from bar's cloakroom - rights to complain?

Hi and welcome

As this is a UK based forum, I suspect that we will struggle to advise.

I do know that by checking your coat a bailment has been created, but the liabilities may differ depending on whether or not you pad for the service.
I believe you could take action in a small claims court but I regret I don't know which legislation would apply.
Good luck

[cklessa]

Re: Coat disappears from bar's cloakroom - rights to complain?

Hi all,

There is an unanswered point in this chain. What does the law say where the nightclub aims to restrict their liability (in this case to £50 per item) via their own 'cloakroom terms of use'.

I've taken the below from the relevant law. Is the nightclub able to rely on this term of use to restrict liability? The nightclub also has a term of use that they do not return coats without a valid ticket. In my scenario my £400 coat was given to another punter who insisted it was theirs and it was given to them even though they had lost their ticket (this was early in the night)

(2)In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.
(3)Where a contract term or notice purports to exclude or restrict liability for negligence a person’s agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.

[wales01man]

Re: Coat disappears from bar's cloakroom - rights to complain?

Did they payout or are you taken further action

[des8]

Re: Coat disappears from bar's cloakroom - rights to complain?

.

You can enter into a contract by an action (or inaction) and you're normally bound by any clearly-displayed signs indicating the terms of any such contract.

However Section 2, Unfair Contracts Act 1977 is as you quote.

So the essential test is one of 'reasonableness'. If a nightclub tried to limit their liability to (say) a tenner in respect of any loss of property from their cloakroom, a court would almost certainly rule that the contract term was unreasonable by virtue of the fact that most items stored in the cloakroom would be worth more than £10.

Conversely, if a club placed a £1000 limit on their liability, a person who left a diamond-encrusted jacket in their cloakroom would be unlikely to get a court to rule in their favour (on the grounds of 'unreasonableness') if that amount was all they were offered when it went missing.

The only way to find out whether a court would rule that the £50 limit is 'unreasonable' is to place a claim before the court. The first step would be to write a formal demand for the £400 which you think that you're owed, stating the reason why (and citing the Unfair Contract Terms Act 1977). Your letter should be addressed to 'The Company Secretary', at the registered address of the company. It should also show your name and address, and be dated. Further it must clearly indicate that, unless payment is received within a specified period of time (I suggest 14 day), you will commence legal proceedings. The letter should be sent by recorded delivery (and you should ensure that you retain a copy).

If no payment is received, you could then initiate court proceedings