Pewople that know UK law

[MasterYoda210]

So basically, I was out last night, put my new jacket in the cloakroom in the nightclub, paid my £1, got given a ticket, then when I went to recover said jacked 4 hours later, found it had been given out to someone else.
Now of course, as they were tactful enough to take the ticket off me as I was drunk, I have no proof I ever utilised the cloakroom and they are refusing to give me £17 for the price of the jacket and hat in the pocket.

I know it's only £17, but it is the principle!

Now my dilemma, is somehow I'm going to have to bully them into giving me my money, but since they are a big nightclub with lots of money, it's going to have to be something to do with the law.

So, my first question is, as they are charging me for a service, i.e. the £1 to use the cloakroom, can they disavow all responsibility for the jacket even if they have a disclaimer up saying they can't accept responsibility?

My second question is, aren't they legally obliged to provide the service they offer, whether they charge or not, i.e. they are legally obliged to look after and return my coat, or renumerations totalling the price of the coat, if I utilise the service they offer.

Any help would be appreciated.

Forgive any typo's, I'm still a bit drunk as I've been laid in bed all night, fuming.

[Slave of the Beast]

Originally Posted by MasterYoda210

...I have no proof I ever utilised the cloakroom...

Wires would probably be the best to answer this, but as it stands I'd say you're fighting a lost cause.

Do you think there's any CCTV evidence?

[MasterYoda210]

I know there is unlikely to be any proof I used it, but I'm trying to see if I can catch them on the fact they charge for a service and disavow all responsibility for it.

[Cir]

Fuck the law, just call in health inspectors by anonymously reporting serious health and safety breaches, anonymously inform the police that they are serving minors, call police and say there has been a shooting/stabbing there, set fires in the club with timer devices to force an evacuation, shit like that. Eventually you will be satisfied that your lost $18 cost them several thousand dollars of lost patronage or disruptions.

[MasterYoda210]

They've already been threatened with losing their alcohol licence within the last month after a couple of 15 year olds got served for beer there. I think if I did it again, the police wouldn't listen.

[Toothlessjoe]

Do they actually have a disclaimer on display regarding their service? Disclaimers can sometimes be rendered void in part or in whole depending on the circumstance. It sounds like this has more to do with tort law.

Look up the Unfair Contract Terms Act. A business cannot use a contract term or a notice to exclude or restrict its liability for negligence for certain matters. In the case of loss or damage, a disclaimer will only be effective so long as it is reasonable in all the circumstances.

You'll have to prove you used the service, had a ticket etc. Sounds like you've no ground. But good luck anyway.

[reject]

Go to your local CAB for advice, that'd be the best thing to do, rather than getting advice from pseudo-lawyers on the internet.

[Toothlessjoe]

Originally Posted by reject

Go to your local CAB for advice, that'd be the best thing to do, rather than getting advice from pseudo-lawyers on the internet.

CAB can be totally fucking useless sometimes.

[reject]

Originally Posted by Toothlessjoe

CAB can be totally fucking useless sometimes.

More useful than you, and other members, though.

[MasterYoda210]

Hey now, don't insult people after I asked for their input.

I will probably go to the CAB when I sober up, I just can't really be arsed with going out now after the copious amount of alcohol and drugs I consumed, hence why I thought I'd ask on here and see if there is a particular angle I should go from.

[reject]

Originally Posted by MasterYoda210

Hey now, don't insult people after I asked for their input.

I'm not insulting people, I'm insulting ToothlessJoe. He's a sub-human.

[Toothlessjoe]

Originally Posted by reject

I'm not insulting people, I'm insulting ToothlessJoe. He's a sub-human.

.

Not everyone on the Internet is full of shit. I gave my opinion, we can wait for others to give theirs, and he can then tell us what CAB tell him. We'll see if they're around the same.

If I'm wrong and others are wrong, we're idiots. If you're wrong and they say roughly what we say, shut the fuck up.

[reject]

Originally Posted by Toothlessjoe

.

Not everyone on the Internet is full of shit. I gave my opinion, we can wait for others to give theirs, and he can then tell us what CAB tell him. We'll see if they're around the same.

If I'm wrong and others are wrong, we're idiots. If you're wrong and they say roughly what we say, shut the fuck up.

But you're advice doesn't contain shit, you just wrote it in a way which makes it sound as if you know what you're on about.

[Toothlessjoe]

Originally Posted by reject

But you're advice doesn't contain shit, you just wrote it in a way which makes it sound as if you know what you're on about.

.

You don't even know what you're going on about. I don't think you can comment.

[Cir]

inb4 8 pages and a ban.

[Toothlessjoe]

Originally Posted by Cir

inb4 8 pages and a ban.

Shut up.

[reject]

Originally Posted by Toothlessjoe

.

You don't even know what you're going on about. I don't think you can comment.

I'm not the one claiming to know I know what I'm talking about.

MasterYoda doesn't want your bullshit fake advice.

[Toothlessjoe]

Originally Posted by reject

I'm not the one claiming to know I know what I'm talking about.

MasterYoda doesn't want your bullshit fake advice.

Are you his lawyer? .

[reject]

Originally Posted by Toothlessjoe

Are you his lawyer? .

Are you a lawyer?

[Toothlessjoe]

Originally Posted by reject

Are you a lawyer?

No. I never said I was. He didn't even ask if anyone was a laywer. Stop evading. Are you his lawyer, thus speaking on his behalf?

Oh oh! It's angry Reject and he doesn't like Toothlessjoe.Watch out kids! Watch as Reject storms about in a fit attempting to upstage and belittle 'Joe!

[reject]

Originally Posted by Toothlessjoe

No. I never said I was. He didn't even ask if anyone was a laywer. Stop evading. Are you his lawyer, thus speaking on his behalf?

And I never said I was his lawyer. Your point is pretty moot and just making yourself look more unintelligent.

[Hammer Tank]

reject please fucking kill yourself and make this world a better place for us all. you are a faggot.

[reject]

Originally Posted by Hammer Tank

reject please fucking kill yourself and make this world a better place for us all. you are a faggot.

Sup Toothlessjoe's spare account, it is pretty lame having to log onto other accounts to insult someone, but from you I don't suppose you could expect any less.

[Toothlessjoe]

Reject, nobody likes you. Get over it.

[reject]

I am over it. Unlike you, I don't come on Zoklet to be accepted and liked, I come on Zoklet to troll people like you and pass away the hours at home until I go to sleep/college/out/get high/TV.

[Hammer Tank]

reject you are a fucking idiot with no friends

[a giant pterodactyl]

Originally Posted by Cir

Fuck the law, just call in health inspectors by anonymously reporting serious health and safety breaches, anonymously inform the police that they are serving minors, call police and say there has been a shooting/stabbing there, set fires in the club with timer devices to force an evacuation, shit like that. Eventually you will be satisfied that your lost $18 cost them several thousand dollars of lost patronage or disruptions.

this, ^^^^^

[reject]

Originally Posted by Hammer Tank

reject you are a fucking idiot with no friends

Hammer Tank you are ToothlessJoe.

I don't think I need to insult you further.

[CotDeath]

Originally Posted by reject

Are you a lawyer?

I am.

Originally Posted by Toothlessjoe

Reject, nobody likes you. Get over it.

Not true.

Anyway, here's the deal:

Firstly, it's very unlikely you'll be able to get compensation by the club without going to court which will cost you quite a fair bit more than £17. You could get lucky in scaring them though but short of having a solicitor writing a letter to them, you're probably not going to get far.

Assuming you've more money and time than sense, however:
1] Was there a sign stating that they don't accept liability (this is pretty common). This sign would also have had to be visible before or at the time of contacting (ie. was it visible in the queue before paying or at time of payment). Somebody standing in the way doesn't count, it must have reasonably been brought to your attention.

Alternatively, was the exclusion clause on your ticket? I've never experienced this as usually I get a shitty laminated ticket or one of those raffle ticket type jobs but if it's the case then the effort required to draw your attention to this, by the club, must be greater.

2] Assuming there was a sign (because if there wasn't one at all then you have a pretty decent case if you're looking to go to court for £17) you'll have to know the exact wording. I'll assume it wasn't ambiguous (as they generally aren't).

3] The Unfair Contract Terms Act states that liability may be exluded or limited so far as the term satisfies the reasonableness test. The test is pretty vague and the burdon of proof lies upon the defendant (so the club).

Some guidelines of Schedule 2 of UCTA that will be considered:

• Who was in a stronger bargaining position prior to the contract - this will certainly be the club so will strengthen your case in saying that the exclusion clause was unreasonable
• Were you induced into the contract - do they disallow hats in the club, forcing you to use their cloakroom services?

I'm not aware of any case law because obviously nobody wants to spend 5k on going to court over it but effectively there's nothing you can do short of taking legal action against them and even then if there was a clear sign then it's very likely you'll lose.
As was said earlier, just make an anonymous tip off about them breaching health and safety standards relating to capacity (quite common amongst small-medium clubs), assaults committed by bouncers, underage serving of alcohol (big deal atm) or perhaps people smoking indoors.

Get a couple mates to write letter/make phonecalls as well so you don't come across as somebody trying to enact revenge (which you are).

Hope some of this helps

[Kwinnie Bogan]

Bump for CotDeath.