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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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My son went to a restaurant / bar and paid a £1 to put his

Customer Question

My son went to a restaurant / bar and paid a £1 to put his £280 coat (4 months old) into a manned cloakroom. When he left the restaurant they had lost it and said they were very sorry but there was nothing they could do and that they couldn’t be held responsible.
He was given a ticket for his coat and on the corresponding ticket which went with his coat; they put his initials on the back. The system was that when you returned with your ticket, they asked for your initials and description of the coat. They still managed to lose it.
I am keen to understand what rights we have in putting in a claim against the restaurant.
Regards
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do they accept they lost it?

Also, can you prove the value?
Customer: replied 3 years ago.

Hi Jo,


 


Yes the accept that it is missing. They asked him to return the following day which he did and it hadn't been handed in. They took his name and number and said that nothing more could be done.


 


I paid for the coat on my credit card so I can prove purchase.


 


regards


 


Mike

Expert:  Jo C. replied 3 years ago.
how long ago did you buy?
Customer: replied 3 years ago.

It was the end of September I think - just before we went to University


 

Expert:  Jo C. replied 3 years ago.
Thank you.

I just need about 20 min to type up an answer if that's okay.
Customer: replied 3 years ago.

that is much appreciated


 


regards

Expert:  Jo C. replied 3 years ago.
Thank you.

As a general rule, establishments do not become liable for goods that you lose upon their premises.

The any reason you have any claim against them at all here is that you can argue that they became the baillie of this coat because he handed it over to them and paid a fee which implies a contract. If there was a contract then there was an implied term that they would keep it reasonably safe and clearly they did not.

That said, if they dig their heels in and refuse to pay then your only option is to sue. There is no other way of forcing payment from an organisation that will not comply with the law.

Hope this helps. Please let me know if you need any more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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