Cloak Room / "Lost Items"

[Manofmystery]

I recently went in to a bar with a coat, I asked the person behind the bar if they had a cloak room (turned out to be the manager). He said they didn't but they would take the coat and put it behind the bar for me. When I went to collect said coat they said that they dint have it. I was invited to jump over the bar and couldnt see it either. I was then told to leave the premises immediately and pushed out of the bar. I spoke to the security (bouncer) for a while and he said he couldn't do anything about it and told me to leave. I explained that I only wanted to speak to the manager about my missing belongings. I was then forcefully removed despite telling the bouncer that I would walk out without trouble. When out side I spoke with the bouncer and another bouncer asking why I was removed the way I was and if they thought I posed a threat to them, my self or any customers, (why I was removed so forcefully, picked up and carried out) they said I didn't Eventually the manager came out, she said that the "business partner" would of told me "that leaving any belongings would be at my own risk" and I told her that this was not the case and that they could check the CCTV as there was not enough time in our conversation for him to say this. The manager then denied that I was allowed to go behind the bar and accused me of called her a liar and would not answer any further questions.

I was just wondering where I stand on compensation for the belongings (wallet, money, ID, Credit Card, House Key etc) and whether the bouncer committed assault by forcefully removing me from the bar even though I was willing to leave and posed no threat to anyone?


N.B; I didnt pay for the service, there were no disclaimer signs warning me of leaving items.

[leclerc]

Re: Cloak Room / "Lost Items"

Did you report the theft to the police? What was the value of the coat? Was there any other valuables in the coat?

[Manofmystery]

Re: Cloak Room / "Lost Items"

I reported it to the police who told me to go back tomorrow to the pub, to "see if it had been handed in" then report it lost or stolen

[Manofmystery]

Re: Cloak Room / "Lost Items"

And the coat its self wasnt worth much, but there was a bus pass, my debit card, house keys and some petty cash in there.

[CleverClogs]

Re: Cloak Room / "Lost Items"

Eventually the manager came out, she said that the "business partner" would have told me "that leaving any belongings would be at my own risk"

Even if such an assertion had been made and, indeed, even if there had been signs to that effect, the exclusion of liability will probably not stand up in court.

Unfair Contract Terms Act 1977 - section 2 (link)

As for the question of whether or not a payment was made for the safe-keeping of your coat, it seems to me that it had become a condition of your using that bar; had there been no provision made for depositing your coat so that you were less encumbered whilst imbibing, you would doubtless have gone elsewhere.

[labman]

Re: Cloak Room / "Lost Items"

Even if such an assertion had been made and, indeed, even if there had been signs to that effect, the exclusion of liability will probably not stand up in court.

Unfair Contract Terms Act 1977 - section 2 (link)

As for the question of whether or not a payment was made for the safe-keeping of your coat, it seems to me that it had become a condition of your using that bar; had there been no provision made for depositing your coat so that you were less encumbered whilst imbibing, you would doubtless have gone elsewhere.

So you think a contract was clearly entered into, and this contract is proveable as opposed to one person's word against another?

OP - did you follow the police advice? If so, did you then report it? If not, why not?

[CleverClogs]

Re: Cloak Room / "Lost Items"

So you think a contract was clearly entered into, and this contract is proveable as opposed to one person's word against another?

Balance of probabilities...

Besides, it would probably be cheaper for the bar to settle than to contest it.

[labman]

Re: Cloak Room / "Lost Items"

Hmmmmm........... not so sure. (Sorry - smilies not working!)

[Eloise01]

Re: Cloak Room / "Lost Items"

N.B; I didnt pay for the service, there were no disclaimer signs warning me of leaving items.

There were also no signs that they ran a coat minding service? Why on earth would you leave a wallet, money and credit cards etc in the pocket of a coat not in your possession (and your house keys, what, with ID that said where you lived???)? You are lucky the coat was the only thing that disappeared!

[leclerc]

Re: Cloak Room / "Lost Items"

And the coat its self wasnt worth much, but there was a bus pass, my debit card, house keys and some petty cash in there.

There are certain things I would never leave in a cloakroom that was clearly advertised and one of those things is my house key and any debit card because to lose both would cause me great inconvenience. I assume that the theft of the coat was then reported to the police. Have you had any update?

I am personally of the opinion that you do not have any recourse against the institution that you left the coat with. It is what some would call a life lesson

[Manofmystery]

Re: Cloak Room / "Lost Items"

I have decided after consideration not to take this matter to the police, due to the relatively low value of what I have lost and the time it would take to go through the procedure. I will still be contacting the company to see if they can find who actually took the coat through CCTV (hopefully to then take that to the police). I would just like to take the opportunity however to thank those of you that replied with your un-bias and informative advice on the matter.

It is what some would call a life lesson

Seems we get the test before the lesson! I have learnt mine though - trust no one!

R

[wales01man]

Re: Cloak Room / "Lost Items"

Me thinking something strange here?
Not reported to police?
lost cards keys ID?
having run a pub we would never taken responsibility for someones belongings in the case described dont think insurance would pay up
Cards and money left in coat how did they pay for drinks?

[labman]

Re: Cloak Room / "Lost Items"

Have to say Wales, I felt the same from the start, hence one very short bit of my two posts addressed directly to the OP in Post #7.

[CleverClogs]

Re: Cloak Room / "Lost Items"

Me thinking something strange here?

Such as the bar being more than merely a place to imbibe beer, ales, wines or other intoxicating solutions of ethanol?

I had that suspicion right from the start...

having run a pub we would never taken responsibility for someones belongings in the case described dont think insurance would pay up

But would you not agree that, by a member of staff having placed the coat behind the bar, the coat was henceforth in the bailment of the bar?

Cards and money left in coat how did they pay for drinks?

OPM? msl:

[CleverClogs]

Re: Cloak Room / "Lost Items"

There were also no signs that they ran a coat minding service? Why on earth would you leave a wallet, money and credit cards etc in the pocket of a coat not in your possession (and your house keys, what, with ID that said where you lived???)? You are lucky the coat was the only thing that disappeared!

I believe most of his wits had already departed.