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Nightclub - Missing Coat

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  • Nightclub - Missing Coat

    Hi all,

    would someone be able to advise me on next steps I would need to take now as I’m a bit stuck.

    My son left his coat in a cloakroom at a nightclub before the festive break and when he went to retrieve it, it was missing. We’ve had some investigation done, contacted the police etc and the police recommended I consider going down the civil claim route.

    To give some context, the club reviewed the cctv and have confirmed in email that the cctv shows my son handing his coat in at the same time as his friend (they attended the club together), however the cctv shows that both coats were put onto the same hanger. Their position is that both coats were retrieved together by my son’s friend. The club have refused to allow me to view the cctv but they did send it to the police who confirmed that they are unable to see which coat and number of coats were given to his friend. The position of my sons friend is that he retrieved his own coat, and was under the impression that my sons coat was still on the hanger, my son went to retrieve his and was told it wasn’t there. The time between friend and son going to get coats was a couple of minutes as they were leaving at closing time. Obviously we know his friend wasn’t given his coat. They tried to seek help at the time but security told them to ‘accept it’s gone and leave’ and then ushered them out.

    The club have provided me with a copy of their cloakroom policy which is clearly displayed they say and it states one coat per hanger. I believe it to be on the onus of the attendant to adhere to their company policy which they did not do in this case. The coat itself is of a high value also.

    I’ve sent a couple of emails back now, as they have accepted that the coat was given to them and a fee was paid, I have said I am holding them liable as per the consumer rights act and have requested they respond within 7 days - they have not responded. I have also asked on two occasions for the details of who would be the respondent should I need to bring this to the small claims court and again they have ignored me. If the coat was of a small value it wouldn’t matter but it’s an expensive coat which ironically went missing. I think my son has learnt a valuable lesson not to wear his expensive coats on nights out but I would like to take this further if I can.

    As they are now ignoring any contact, would I need to obtain the full contact/registered business details for the group to take this to small claims or can I input the bar/manager details? It’s a bar from a chain or pubs/clubs

    thanks in advance

    Tags: None

  • #2
    Hi,

    Your son may have a viable claim but it is your son who needs to bring this claim, not you. His name has to be on the claim form and whilst you can can assist him in the matter, you can't represent him and speak on his behalf except when legal proceedings have started, although if it goes to a hearing, then you can represent him as a lay representative so long as he attends also.

    The Legal Services Act 2007 prohibits you from carrying out what is known as reserved legal activities, and one of those reserved activities is conducting litigation on behalf of a party unless you are an authorised person e.g. a solicitor or acting on the instructions of a solicitor or other authorised person. Conduct of litigation is generally assumed to start from the issuing of legal proceedings onwards, including any ancillary functions in between.

    You first need to send the bar a letter before action which will set out the facts of the dispute, why your son believes they are liable either breach of contract or negligence or some other reason, and what your son is asking from the bar to resolve the matter.

    If the bar is owned by a company, you can look up their registered office information by going on their website and/or looking up on Companies House but just make sure you have the correct information. It is not necessary to send the letter to the registered office as it can be hand delivered to the bar or addressed to the bar in question. Equally, the claim form could be issued to the address of the bar as that is where the company/owner carries on its business. Standard practice would be to send to the registered office but is not necessary to do that, and may very well get lost if not passed to the correct person/department.

    If you would like any feedback on your letter before claim, feel free to post up a draft for comment but make sure to blank out any personal information.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Your son's claim will be against the business (posibly limited company) that operates the club.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Thank you for the help guys. They have paid my son full imbursment for the full value of the coat now

        Comment


        • #5
          Thanks for the update, happy to hear it has been resolved.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment

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