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Pubs and cloak rooms!! Help!

  • 14-01-2013 10:52am
    #1
    Registered Users Posts: 9


    I left my expensive jacket into a night club cloakroom thinking it would be safe there and paid €2 and got my ticket- I was a bit late going to collect it and it was closed when I got there and was told to go by the next day to collect it. Of course no sign of it the next day- surely they are liable to replace it? Any suggestions on how I deal with this??


Comments

  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    They are liable despite what they may claim to the contrary, they took your money with a promise to look after your jacket and they have failed to do this so they must replace your jacket!

    first step would be visit and ask to see the manager and state your position and that you expect them to replace your property, give them a few days then off to the small claims court in your local district court office.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    SCC for what?, OP paid to have coat looked after for the period when the night club/bar was open on that day, not indefinitely. I agree its bad form for the club to lose it but are they legally liable for its care beyond the period for which the OP paid?.

    OP do you still have the ticket in your possession?, you didn't drop it during the nite?


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    davo10 wrote: »
    SCC for what?, OP paid to have coat looked after for the period when the night club/bar was open on that day, not indefinitely. I agree its bad form for the club to lose it but are they legally liable for its care beyond the period for which the OP paid?.

    OP do you still have the ticket in your possession?, you didn't drop it during the nite?

    Of course they are liable but not indefinitely but like with dry cleaners when clothes are not collected they must be kept a minimum time before disposal and usually disposal will involve advertisements in local papers giving notice of a final chance to claim your goods.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    foggy_lad wrote: »

    Of course they are liable.

    You advised SCC, show me what you are basing this claim above on. OP paid €2 for use of cloakroom on night he was in pub.


  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    davo10 wrote: »
    SCC for what?, OP paid to have coat looked after for the period when the night club/bar was open on that day, not indefinitely. I agree its bad form for the club to lose it but are they legally liable for its care beyond the period for which the OP paid?.

    OP do you still have the ticket in your possession?, you didn't drop it during the nite?

    Your having a laugh right ?
    Most of these places make it mandatory to hand in your jacket to enter the place.

    I would expect the cloakroom to be open until such a point that everyone had left the premises.

    If they said to come back the next day then I'd expect it to be there the next day.

    Otherwise they should have said "Sorry, no point in coming back tomorrow, we dump everything X amount of minutes after the stated time on the wall"


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  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    davo10 wrote: »
    You advised SCC, show me what you are basing this claim above on. OP paid €2 for use of cloakroom on night he was in pub.

    By taking a fee for using the cloakroom they have a duty of care towards your goods.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    foggy_lad wrote: »

    By taking a fee for using the cloakroom they have a duty of care towards your goods.

    For the period of time for which OP paid, ie the time the club was open that night

    But go on anyway, what would you say to the Judge and what would you base it on?

    The club would probably say that they looked after it until they closed and as the OP had not requested them to look after it any longer than that, they are not responsible.


  • Registered Users, Registered Users 2 Posts: 7,702 ✭✭✭whippet


    foggy_lad wrote: »
    They are liable despite what they may claim to the contrary, they took your money with a promise to look after your jacket and they have failed to do this so they must replace your jacket!

    first step would be visit and ask to see the manager and state your position and that you expect them to replace your property, give them a few days then off to the small claims court in your local district court office.

    Wouldn't the limit of this claim via the SCC amount to €2 ? as in the value of the contract?

    I don't think you can claim for punitive damages via the SCC .. so this route would be pointless for the OP


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    davo10 wrote: »
    For the period of time for which OP paid, ie the time the club was open that night

    But go on anyway, what would you say to the Judge and what would you base it on?

    The club would probably say that they looked after it until they closed and as the OP had not requested them to look after it any longer than that, they are not responsible.

    So a child minder is paid from 9am to 3pm and pushes the baby out the door if the parent is not there at exactly 3pm??

    There is a duty of care for the property which remains uncollected. This has been done to death before and if you wish to know more I suggest you use the search function.


  • Registered Users, Registered Users 2 Posts: 9,470 ✭✭✭TheChizler


    OP I've had similar happen to me in the past. They're definitely responsible for the coat, the NCA confirmed this for me. Maybe ring the NCA just so you can quote them saying this, just in case there's any hassle. Most of the time if they value your custom they will be full of apologies and reimburse you immediately.

    In my case I was asked to bring in a receipt for the new coat and the manager wrote a cheque there and then.


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  • Registered Users Posts: 9 Mcnamaj


    TheChizler wrote: »
    OP I've had similar happen to me in the past. They're definitely responsible for the coat, the NCA confirmed this for me. Maybe ring the NCA just so you can quote them saying this, just in case there's any hassle. Most of the time if they value your custom they will be full of apologies and reimburse you immediately.

    In my case I was asked to bring in a receipt for the new coat and the manager wrote a cheque there and then.

    Thanks everyone for the advice yes I still have the ticket and am meeting the manager tomorrow so hopefully they will reimburse me!!!


  • Registered Users Posts: 9 Mcnamaj


    Mcnamaj wrote: »

    Thanks everyone for the advice yes I still have the ticket and am meeting the manager tomorrow so hopefully they will reimburse me!!!
    Ok so there was only a member of staff who met with me and the manager had told them that they will not be reimbursing me that if it wasn't collected on the night then there's nothing they will do about it. Am going to call and speak to this manager directly tomorrow, this is really bad form considering how much I spend in the place every weekend


  • Registered Users, Registered Users 2 Posts: 3,669 ✭✭✭who_me


    IME, there is a real laissez-faire attitude in how some cloak rooms are run; as if getting your coat/jacket/bag back at the end of the night is a bonus rather than an obligation.

    I had a phone disappear from my jacket in the cloakroom of one club. I returned to the club and the cloakroom attendant said they had it (and described the model) but when he went to fetch it "it's gone". That was it, no explanation, no apology, no refund, nothing. I wasn't too bothered, as it was covered under insurance so I reported it as stolen; hence only minor inconvenience for me (but the insurance company were out of pocket).

    Maybe there's a bit of the "Sure, what do you expect for €2?" about it! ;)


  • Registered Users Posts: 9 Mcnamaj


    who_me wrote: »
    IME, there is a real laissez-faire attitude in how some cloak rooms are run; as if getting your coat/jacket/bag back at the end of the night is a bonus rather than an obligation.

    I had a phone disappear from my jacket in the cloakroom of one club. I returned to the club and the cloakroom attendant said they had it (and described the model) but when he went to fetch it "it's gone". That was it, no explanation, no apology, no refund, nothing. I wasn't too bothered, as it was covered under insurance so I reported it as stolen; hence only minor inconvenience for me (but the insurance company were out of pocket).

    Maybe there's a bit of the "Sure, what do you expect for €2?" about it! ;)

    I know it's a disgrace- the funny thing is if they had accepted responsibility for it and reimbursed me for it, I would happily have continued to go there and spend a lot more in there than what the jacket is worth. Now I won't ever darken the doorway again. It's really bad management. I'm going to keep hounding them now it's the principle of it all!!


  • Closed Accounts Posts: 16,096 ✭✭✭✭the groutch


    defintely keep on at them about it
    the cloakroom should never really be closed until every item has been collected, or the last member of the public is out the door.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    defintely keep on at them about it
    the cloakroom should never really be closed until every item has been collected, or the last member of the public is out the door.

    100% agree with this, that's the bit I do not get about OPs first post, I have never been in a pub/niteclub where the cloakroom closed before the place was cleared, how are you late going back if you are already in the pub and are collecting your coat at closing time?


  • Banned (with Prison Access) Posts: 216 ✭✭Geri Male


    If I am in a pub or club where they say it's mandatory to put your coat in to their cloakroom I respond as follows:

    "Shove your cloakroom up your hole" and then leave.


  • Registered Users, Registered Users 2 Posts: 1,052 ✭✭✭xpletiv


    So how did it go OP?


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