Coat stolen from nightclub cloakroom

Greener

OK so I was in my local nightclub last Saturday night. I put my brand new coat I had just bought that day (worth over €100) into the cloakcroom, paid my €2 and got my ticket.


About 2 hours later I went back with my ticket to collect my coat and the polish lady said 'oh sorry i dont know where it is' as she promptly went back to giving out the rest of the jackets.

I called her back and said 'excuse me-can you find my coat now-i gave it to you barely 2 hours ago where did you put it?' (I was mostly enraged at her attitude at this stage)

The more I got on to her the less english she spoke (conveniently). Then the bouncer came and said they were closing and I had to leave (I had waited over an hour at the coat place by this stage while she ignored me and served everyone else).

So I was fecked out into the freezing cold in my dress and heels without any resolution as to where my coat went.

I went in and spoke to the manager to following day who said it wasnt the bars policy to reimburse customers for lost property. I said that it was not simply lost property, that I had paid for a service to have his staff look after it which they did not do.

Can someone please tell me have I any rights here? Surely its not simply tough s**t if I've done absolutely nothing wrong??

knoxor

I wonder if there was a disclaimer in the cloakroom about lost property, did you notice one?

Personally, I think if you have paid your money to have the coat stored, you have a right to get your coat back. If it was free, then the management may be able to deny responsibility. Are you forced to put your coat in the cloakroom ?

My own personal opinion, but a call to a solicitor won't cost you anything. They may just pop a threatening letter to the Manager, it would only cost a few quid for the letter if they send one. Might do the trick.

tbh

I think you should name the nightclub. That's an absolutely disgraceful way to treat customers. I'd like to know where it is so I can take my business somewhere else.

00sully

or you could try the small claims route? it can all be done from the comfort of your pc now! least amount of hassle. But maybe you could write a polite letter to the establishment first?

http://www.citizensinformation.ie/categories/justice/courts-system/small_claims_court

Greener

Yeah was thinking of the small claims route, but I have a sneaky suspicion from 5th year Business Studies in secondary school that all Im entitled to claim from them is the refund of the service fee (in this case my poxy €2!). But im not sure. Ill try have a trawl through citizens information and see.

The manager said to leave it a week to see if someone returns it and then he will make the final decision regarding reimbursement but it seems very unlikely by what he said. Id rather not name the place until I have his final decision, just in case he gets an attack of conscience. Karma and all that. Miracles can happen at Christmas you know. It's just so unfair

Yes there is a sign in the cloakroom saying management does not accept responsibility for lost or damaged items. As far as I know (from 5th year business as well lol) these signs are illegal because they dont have 'this does not affect your statutory rights' on it but I have been known to be wrong in the past

cooperla

knoxor wrote: »

I wonder if there was a disclaimer in the cloakroom about lost property, did you notice one?

Personally, I think if you have paid your money to have the coat stored, you have a right to get your coat back. If it was free, then the management may be able to deny responsibility. Are you forced to put your coat in the cloakroom ?

My own personal opinion, but a call to a solicitor won't cost you anything. They may just pop a threatening letter to the Manager, it would only cost a few quid for the letter if they send one. Might do the trick.

Even if they had a disclaimer they can still be liable as far as I know (I remember reading about a court ruling somewhere where a carpark (I think) was found liable for damage even though they had a disclaimer because by charging a fee they basically agree to a certain level of service which wasn't followed.

I would look into small claims.... tell the club if the matter isn't resolved by such a date then you will take appropriate action.

I've seen instances where people have managed to obtain a coat by saying they lost their coat and pointing at one which they claimed was theirs. I've also seen clubs say if the ticket is lost then you need to wait until the club is closed or come back tomorrow which is the correct action I think.

Anyhoo.... you paid for a service therefore the club has a responsibility as long as you still have you ticket.

siobhan.murphy

I hope u kept the reciept for the coat,just to show them that u bought it that day and went to the bother of paying for that thicko to mind the coat,u can be sure she got paid for her nights work

hannahmum

If you paid for them to store your coat, and if you still have the ticket then they have a responsibility to replace the coat for you. The disclaimer notice is completely null and void once they accept money for the 'service' of keeping your coat safe. Trust me- I work in the industry and it costs us a FORTUNE in replacing coats- of course when someones coat is mislaid its ALWAYS leather, new and hugely expensive! So go back in, meet with the manager- tell them you know your rights and you are entitled to a cheque for the value of the coat immediately. If you have a reciept for the coat purchase- or if the shop you bought it in will provide something to verify the cost of it- that would be v helpful. Dont let cowboys like this get away with it. Asking someone to wait a couple of days in case someone else hands the coat back in is ok_ but if they leave it longer than a week- kick up a huge fuss. You are entitled to the money back- so stick to your guns!!

AARRRGH

Wow, that's disgraceful.

I'd also like to know the name of this kip!

steps_3314

Thats a disgrace. Those clubs really piss me off and thats why i dont go to them anymore. Bouncers and staff assume your pissed so they believe that they dont have to listen to you or even be polite. I hate those f**kers. You should name the club so people can avoid. I had a similar situation lately and rang the club the following day. The girl said she'd have a look and ring me back. Hours passed and no call so i went in myself and got my jacket. Never recieved the call either. F**king useless shower.

Paulw

Sometimes, just sometimes, mistakes do happen.

One New Years Eve, some friends and I were out at a club (in Scotland). We all left in our jackets. At the end of the night all collected our jackets, or so we thought. Half way down the street, my friend went to put on his leather jacket, only to discover it wasn't his at all (it was a small female leather jacket). This was 3am, and none of us were in any state to go back.

Next morning, he phoned the club. No other leather jacket was there, but they advised him to drop back later.

Around 2pm he went back to the club, and inside happened to meet the person who had his jacket (by genuine mistake). Ended up that it was a bit late in the night when she discovered that she had a large male leather jacket.

They exchanged jackets and had a laugh.

In your case though, hassle the club. Stick to your guns. You paid a fee for them to mind your jacket, and so they are liable to return your jacket or replace it. Small claims can be a way to go, if they don't settle with you in a day or two.

StickyMcGinty

Greener wrote: »

I went in and spoke to the manager to following day who said it wasnt the bars policy to reimburse customers for lost property. I said that it was not simply lost property, that I had paid for a service to have his staff look after it which they did not do.

Can someone please tell me have I any rights here? Surely its not simply tough s**t if I've done absolutely nothing wrong??

does the bar have any CCTV in or near the cloakroom?

AARRRGH

StickyMcGinty wrote: »

does the bar have any CCTV in or near the cloakroom?

Most bars have a policy of not having CCTV.

I've always thought this was odd...

Tester46

Greener wrote: »

Yeah was thinking of the small claims route, but I have a sneaky suspicion from 5th year Business Studies in secondary school that all Im entitled to claim from them is the refund of the service fee (in this case my poxy €2!). But im not sure. Ill try have a trawl through citizens information and see.

You should be able to claim. You paid for a service and they didn't provide that service. The disclaimer notice would not protect them, particularly ifyou were obliged to put your coat in (and many clubs tell you you must leave your coat in). You are a consumer - the best type of contracting person to be. There are The European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 which say (among other things) that if the terms of your contract are not individually negotiated (e.g. your nightclub scenario) and the terms seek to limit the responsibility of the supplier (e.g. the disclaimer notice) then that term may not be enforceable. That, and the small claims route is open to you. It is also open to you to complain to the District Court against the re-granting of the club's drink licences.

Basically, the law is on your side. Talk to the club manager again. Tell him/her politely but firmly that you know the law is with you on this and that you have a number of options, including complaining against the club's licence. Ask him/her to be reasonable. You are giving them a chance. If they are not reasonable, talk to your solicitor.

Lollipops23

would you believe we were discussing this exact topic in my law class last week!!you're entrusting them to make their "best endeavour" to take care of your belongings; them losing it is obviously not them doing their best!!threaten their management with legal action and see if your coat "miraculously" re-appears!is it possible that the girl behind the counter took a liking to it?

wmpdd3

What about cars damaged or stolen in car parks with disclaimer notices?

I would have thought you would have been entitled to a refund of the cloak room cost.

Is the cloakroom fee insurance against loss?

wmpdd3

q

banshee_bones

ok having worked in a nightclub for a few years i have to say to the OP make sure you go back and keep up this issue with management.

In our club the owners were very reasonable and we did usually tell anyone with a missing ticket to call back at the end of the night or next day,
and usually the next day we look in the claokroom with you and if its not there we take your name and number incase it turns up.

However since you had your ticket im afraid to say sometimes and yes sometimes mistakes do happen and it may have been given out by accident.

And as for the cloakroom girl taking it, please do not tar us all with the same brush! We are not like that and in the club i worked in, i was paid a very very good wage so it wouldnt even be worth my job!

Greener

StickyMcGinty wrote: »

does the bar have any CCTV in or near the cloakroom?

Not sure actually. Interesting point though

I'll be meeting with him sometime this week so hopefully it wont have to come to threats of court etc., but if it does come down to that I certainly wont be letting it go. Im sure they have insurance anyway and €100 isnt going to break the bank for them.

So thanks for all your comments-really helps me feel better about the whole thing!! I'll keep you guys posted

ytpe2r5bxkn0c1

Lollipops23 wrote: »

is it possible that the girl behind the counter took a liking to it?

That's a despicable comment to make with no evidence to back it up. You don't even know where this happens. Discuss that at your Law class!

I'd stick to keeping pressure on the management.

Lollipops23

calm down!sheesh!it is a possiblilty, just as it's possible that anyone who had access to the cloakroom could have swiped it.It's very unlikely that a customer just hopped the counter and nicked it, but it IS possible she handed it to the wrong person, but again not doing her best to take care of it.

ytpe2r5bxkn0c1

Lollipops23 wrote: »

calm down!sheesh!it is a possiblilty, just as it's possible that anyone who had access to the cloakroom could have swiped it.It's very unlikely that a customer just hopped the counter and nicked it, but it IS possible she handed it to the wrong person, but again not doing her best to take care of it.

I'm perfectly calm.It's you who is jumping to ill-founded conclusions without letting a proper investigation take its course. Of course it's possibe somebody deliberately took it but you expressly mentioned the girl on duty.:p

jor el

Vicente Noisy Mime wrote: »

It's you who is jumping to ill-founded conclusions without letting a proper investigation take its course. Of course it's possibe somebody deliberately took it but you expressly mentioned the girl on duty.:p

There was no conclusion made. A perfectly valid question, "is it possible that the girl behind the counter took a liking to it?", was asked, nothing despicable about it. If it was stolen, it was most likely stolen by a staff member, and most likely stolen by the staff member working in that area. The other possibility is that it was mistakenly given out to the wrong person.

OP, you may need to get a solicitor to get the money for your coat. It happened a friend of mine a few years back, his solicitor sent the club a letter, and he was promptly refunded the cost of his leather jacket, the phone that was in the pocket, and the cost of his solicitors fees.

Those disclaimer signs are meaningless, and only there to deter people from taking action. They are not legally enforceable.

rubadub

knoxor wrote: »

Are you forced to put your coat in the cloakroom ?

Does this change anything? i.e. if they do force you are they then more liable.

I never leave stuff in as a rule. But in the olympia and ambassador the bouncers always say I have to leave my bag in the cloakroom. I just agree and walk up and start to queue up, then I just slip off into the gig with the bag.

No way I am leaving up to €500 worth of easily pocketable stuff in a cloakroom!

Tester46

rubadub wrote: »

Does this change anything? i.e. if they do force you are they then more liable.

Yes it does change the circumstances. The club could not even argue that you voluntarily accepted risk if you were forced to leave your coat in after you had already paid for access to the club.

Even without that, the OP has a sound legal basis for demanding compensation for the lost coat. OP should be firm but polite with the club and makeit clear that if they don't compensate here, she will get her solicitor involved which will increase the amount the club will have to pay in the end.

Irish clubs, like Irish shops, seem to operate a policy of treating everyone badly and denying liability. 9 out of 10 people will give up and go away. So,they only have to pay out to the one person who pursues them. Make sure you are always that one person.:)

Lollipops23

jor el wrote: »

There was no conclusion made. A perfectly valid question, "is it possible that the girl behind the counter took a liking to it?", was asked, nothing despicable about it. If it was stolen, it was most likely stolen by a staff member, and most likely stolen by the staff member working in that area. The other possibility is that it was mistakenly given out to the wrong person.

OP, you may need to get a solicitor to get the money for your coat. It happened a friend of mine a few years back, his solicitor sent the club a letter, and he was promptly refunded the cost of his leather jacket, the phone that was in the pocket, and the cost of his solicitors fees.

Those disclaimer signs are meaningless, and only there to deter people from taking action. They are not legally enforceable.

Couldn't have put it better myself!that's exactly what i was saying-it's missing and, unless there's a black hole located in the exact spot it was hung in the cloakroom, it was either handed out to the wrong person or it was STOLEN.most likely person that could have(not DID) stolen it was the person or people that had access,such as one or more staff member working in the vicinity. No need to call me "dispicable" for suggesting a totally plausible possibilty.

Amalgam

AARRRGH wrote: »

Most bars have a policy of not having CCTV.

I've always thought this was odd...

It is to their advantage not to have CCTV, the clubs know this well.. glassings, legal cases about falling injuries, bouncers etc. There is talk of regulation that proper security measures, including CCTV, will be tied to the premises licence. Not sure if it is Dublin only, as a trial, or countrywide, but it is in the works.

Covered by RTE Radio recently, and that very situation was covered.

alexiadexia

Same thin happened to me in Cuba niteclub in Galway.
I waited and got irate with the guy and eventually he got off his ass and found it only because I waited and didnt give in!

Danno

Do NOT give up on this. Get your jacket back along with a free years membership sounds about right to me.

SerialComplaint

jor el wrote: »

OP, you may need to get a solicitor to get the money for your coat. It happened a friend of mine a few years back, his solicitor sent the club a letter, and he was promptly refunded the cost of his leather jacket, the phone that was in the pocket, and the cost of his solicitors fees.

Those disclaimer signs are meaningless, and only there to deter people from taking action. They are not legally enforceable.

OP may not need a solicitor. She could try a Small Claims Court action against the club. The challenge will be to identify the legal entity running the club.

Cabaal

Danno wrote: »

Do NOT give up on this. Get your jacket back along with a free years membership sounds about right to me.

why should anybody get a years free anything, the coat is all thats the problem