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Unlawful Retention of Property.

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  • Unlawful Retention of Property.

    Good afternoon all,

    Seeking some advice on a situation regarding a incident that occurred last week.

    I was in a nightclub last weekend with two of my friends, when we entered the cloakroom was closed so we had to put our jackets over some stools at the bar. Subsequently as the night progressed and the drinks were flowing i went outside to make a phonecall as the signal was terrible in there. When i tried to re-enter the club the bouncer refused me entry saying i was too drunk to come back in. My coat was still in there though, i explained this too him and he was having none of it, saying if its not in the cloakroom tough shit basically, i would have to come get it in the morning.

    Subsequently when i followed up to retrieve my coat, funnily enough it was not there anymore and the nightclub are trying to say if it wasn't in the cloakroom they are not liable. I do not belive this is the case though, as i clearly stated to the bouncer that my property was still on the premises so he was denying me access to it.

    In my eyes because he acknowledged that my jacket was still inside, but would not let me retrieve it and as he is a representative of the establishment, they then assume responsibility for my jacket?

    Or because they deprived me of my property it is almost tantamount to theft?

    I had to pay to get into this nightclub so also it should come under The Unfair Contract Terms Act? Irrespective of if i used the cloakroom or not? Plus i did not leave my coat inside freely since i tried to recover it so disclaimers do not apply?

    Also there is CCTV footage of me entering the club with my coat as proof i had it as well as my two friends as witnesses and then the same footage of me attempting to explain to the bouncer and get back in to get my coat.

    Any advice would be much appreciated

    Kind regards

    Jay


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