View Full Version : is there anything I can do about a Jacket stolen from waterfront
As the title said, I bought my son a G Star jacket for his christmas (cost £65.) he wanted to wear it to his works night out in the waterfront, his hand was stamped with a number so he could go and collect it later, when he went someone else had taken it..why?.. what was the point in giving you a number, why not just pile them in a heap in a corner....Grrrr I am so mad...........tried to phone them, but could only get a cleaner,,,Agrrrr.....she said because they have a sign up, that it was not worth phoning back.........
It is worth phoning back
I saw it on a program not to long ago if I can remember right, even if they have a sign up they are still legally responsible for the jacket and must take due care of it and make sure it gets given back to the right person. I am sure someone on here will correct me if I'm wrong. Or do a quick search on the net into your rights if something like this happens,
It is worth phoning back
I saw it on a program not to long ago if I can remember right, even if they have a sign up they are still legally responsible for the jacket and must take due care of it and make sure it gets given back to the right person. I am sure someone on here will correct me if I'm wrong. Or do a quick search on the net into your rights if something like this happens,
I think you are correct I remember hearing these signs are not worth the paper they are written on and why not go into the waterfront and ask them what they plan to do about it. If you have the receipt for the jacket take it with you. Good luck
It is worth phoning back
I saw it on a program not to long ago if I can remember right, even if they have a sign up they are still legally responsible for the jacket and must take due care of it and make sure it gets given back to the right person. I am sure someone on here will correct me if I'm wrong. Or do a quick search on the net into your rights if something like this happens,
I am sure you are correct. If they accepted the coat and had measures set in place so that the correct item went to the correct person. Then they gave the jacket to the incorrect person then they are responsible.
You really need to get in contact with them but first thing is to record the Number on your sons hand. Take a Photo of it and do not wash it off. Go to the police and inform them as well.
I checked on similar instances where this happens and disclaimers about items being left entirely at owners risk or similar notices are not a valid legal cop-out.
The club is legally bound to take reasonable care of your property and if it goes missing then not only is it in the best interests of the club from a bad publicity point of view (mind you this is the Waterfront we are talking about, will bad publicity matter ? lol), but handing out someone else's property to the wrong person shows that they have an inefficient system for ensuring that the legal owner receives their own property and not someone elses. I can't see them having a legal leg to stand on to be honest.
A method which would demonstrate better 'reasonable care' would be to give some form of ticket or written tag and tag the item of clothing, or have plastic discs with numbers and have numbered coat hangers. There are lots of better ways it could be done and I have seen it being done to provide a reasonable degree of care.
In the event that someone has lost their ticket or disc or whatever then nothing should be given back until either the end of the night when anyone who has lost their ticket can describe their item including anything in the pockets out of the few left over, or they can leave their name and contact phone number with a brief description and the following morning it will surely be found in the few left over from the night before and they can be advised when they can collect it. If a proper system is in place and they lose their ticket or disc and someone finds it and presents it then it really was the owners fault, not the club's.
As no proper system exists at the Waterfront they should refund you the cost of the jacket.
I suggest that you write to The Manager (don't phone) stating the problem (date, item lost etc) heading your letter 'Without Prejudice', and asking them what they plan to do to refund the value of, replace or return the brand new jacket which went missing whilst entrusted to their reasonable care. State that should a satisfactory resolution not be acheived within 14 days of the date of letter then you reserve the right to pursue the matter through the Courts with no further reference to them. I suggest that you enclose a photocopy of your receipt. Post the letter by at least Recorded Delivery or deliver it in person and mark the envelope 'By Hand'. You should keep a copy of the letter and proof of postage if relevant.
I think it is likely that they will simply refund you the cost of the jacket as being dragged through the court never looks good, and they can hardly say they have a good system in place for taking care of the property which is entrusted to them, valueless notices claiming non-responsibility notwithstanding.
You'll find in much the same way, disclaimer notices in supermarket car-parks don't actually excuse the supermarket of a duty to reasonable care and case law has led to sucessful claims in the past.
Good luck! Let us know how you get on :)
Just make sure you keep the original reciept. I wouldn't deliver it by hand: it will be lost very quickly. I would choose recorded delivery. And good luck with everything. You will need it in dealing with waterfront.
pinotnoir
13-Dec-10, 16:22
The legal term for a one sided contract/agreement is leonine contract.
Several years ago a legal case involving Scotrail and the loss/damage of a passenger's bike was successful for the claimant.
Consumerline.org has this to say:
"If you leave your coat in the care of the restaurant while you have your meal, for example, with a waiter or in an attended cloakroom, then the restaurant should take reasonable care of it. And so you may be able to claim for compensation if your coat is lost or damaged. It may be more difficult to claim if you left your coat in an unattended cloakroom. Don't be put off by any disclaimer notice saying something like 'All articles left at the owner's risk'. The law only allows such a 'get out' if it is fair and reasonable in the circumstances of your case."
Consumerline.org has this to say:
"If you leave your coat in the care of the restaurant while you have your meal, for example, with a waiter or in an attended cloakroom, then the restaurant should take reasonable care of it. And so you may be able to claim for compensation if your coat is lost or damaged. It may be more difficult to claim if you left your coat in an unattended cloakroom. Don't be put off by any disclaimer notice saying something like 'All articles left at the owner's risk'. The law only allows such a 'get out' if it is fair and reasonable in the circumstances of your case."
As far as I am aware you only have a claim if you have paid for the service of using the cloakroom, otherwise it's on your own head as they say.
There doesn't seem to be a definitive answer online however whether the cloakroom is attended or unatended seems to be a big issue. By being attended they are providing a service and they need to handle your property responsibly. Not checking the number or ticket before releasing the property would seem to me to be irresponsible. May be worth speaking to CAB.
our_town_magazine
13-Dec-10, 17:49
I think being persistent always helps. Also, check your home insurance. You might be able to get the price of the coat back that way, depending on your policy of course.
thanks for all the advice, I kept trying CAB today, must be very busy couldn't get through, (only Thurso open today, but will try Wick office tomorro) I will let you know how I get on. thanks again. Suzy
thanks for all the advice, I kept trying CAB today, must be very busy couldn't get through, (only Thurso open today, but will try Wick office tomorro) I will let you know how I get on. thanks again. Suzy
Suzy, before you go on a marathon route of banging your head on a brick wall with CAB, trading standards etc....Have you visited/telephoned the office of the owners of the nightclub and spoken to someone with more clout than the cleaner?....or dare I say it, if your son is old enough to be in the nightclub in the first place, has he tried?......
I keep phoning the number i got from the caithness directory ( it must be the right one cos I spoke to the cleaner) but It just keeps ringing out. I keep hoping that the person who got/took it by mistake will return it??????????? they must have left with two, cleaner said there was not any left.
In the event that someone has lost their ticket or disc or whatever then nothing should be given back until either the end of the night when anyone who has lost their ticket can describe their item including anything in the pockets out of the few left over,.
Providing of course, you remembered to put your stash down one of your socks before you went in.
I keep phoning the number i got from the caithness directory ( it must be the right one cos I spoke to the cleaner) but It just keeps ringing out. I keep hoping that the person who got/took it by mistake will return it??????????? they must have left with two, cleaner said there was not any left.
OK Suzy, but before you spend even more time searching on the 'org' what to do about your son's lost coat, and getting all sorts of advice on here from CAB to The European Courts of Human Rights ;)........
Why dont you, or your 18+ years old son .....(and I cant believe you dont know this already) go to the office across from the Waterfront where the owners can be found every business day of the week and simply ask about a lost coat?.......
It seems to me that you've spent Sunday phoning a shut nightclub and by coincidence happened to catch the cleaner, and on Monday spent all day phoning Citizens Advice in Thurso. And today your plan is to phone the Wick Citizens Advice?.... The Waterfront owners probably have 10's of coats unclaimed, waiting for people to pick them up on a Monday after Saturday nights headache has worn off.
Start at the easy end as they say!;)
Suzy i think you are being a bit rash putting stolen on here having worked in the cloakroom in the waterfront myself i can assure you there is a system and quite often we find that people do collect there jackets but being that drunk often loose them afterwards how ever if this is not the case of your son i know for a fact Cathie the owner is more than helpful when people go see her as it was said in another post go to the office above the laundry and she will start by taking you or your son over to look for it and if its not there will discuss a solution that you are happy with i think the decent thing you could have done before coming on here and slatin the waterfront would be to at least speak to the owners
Powered by vBulletin® Copyright © 2024 vBulletin Solutions, Inc. All rights reserved.