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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was in a restaurant. the food and service had been fine.However

Customer Question

I was in a restaurant. the food and service had been fine.However I found myself not wanting to finish what was otherwise a delicous main pasta course. I asked the restaurant to box the remainder to take home. to my irritation i was told by the manager they wouldn't do this, that it was breaking the law to do so..Unfortunately i had nothing wih me to safely carry my food from the restaurant. I was astonished to be told that the restaurant would stop me taking my food from the premises when I suggested i was inclined to temporarily leaev and walk a short distance to fetch a container. i replied that the food was my property and that if it wasn't for the fact that I didn't want to discomfort my mother who was with me, and who was paying for my meal....I would if in control of asking for the final bill, be tempted to call someone who may offer advice, which could lead to me either refusing to pay for my main course or possibly calling the police.
This has never happened in any of the restaurants I have ever attended. The underlying legal issue was that I could take the food away and put a claim in for food poisoning, which seemed to be impugning my integrity and honesty. I regarded the statement that I would be stopped from taking my food away as a threat of assault
The conversation with the manger was pointed but not angry or attention seeking by any loudness. I made it clear that if I was paying for food it de facto belonged to me to be disposed of as I saw fit (legally and safely of course)
Where do I stand following this astonishing unsettling incident. I really hope there are grounds to sue. The bill was paid (there was no tip).
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is your loss please in order to sue? If so, how much is your loss?
Customer: replied 1 year ago.
surely any 'loss' is dependant on the point of law. if you confirm that I have a right to this food as my property, that i was subject to a coercion to pay for something i was being deprived of , that there was a threat of restraint/assault and that the restaurant had not provided the goods and services that they had been hired for........then i would expect you to advise accordingly.please advise
Expert:  Ash replied 1 year ago.
No. In order to sue the Court will want to put you back into the position you would have been in should the act not have occurred.
So in this case, food. What was the value of the meal please?
Customer: replied 1 year ago.
thank you for the clarification. the value of the plate of food was £10.95...the meal bill came to £33.50
Expert:  Ash replied 1 year ago.
Then you could claim at the very most £33.50 as they did not act with all reasonable skill and care pursuant to Section 49 of the Consumer Rights Act 2015.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
what specific elements of skill and reasonable care did they not show/provide?
what source of paramaters/advice can I seek to quantify this small claim amount beyond the value of the meal?
Expert:  Ash replied 1 year ago.
As to beyond the value of the meal, it depends. If you went to the GP suffering with shock or depression as a direct result that may be recoverable. But you would need evidence of that. If you are going to pay for food which then is yours they can not prevent you taking it away, save in circumstances such as health and safety etc. Bearing in mind people take away all the time, I cant see this being an issue.
Does that clarify?
Alex
Customer: replied 1 year ago.
Iam sorry, my computer went down at the last point of the Q and A. in terms of the initial claim.....are you saying that any of these points..................' I was subject to a coercion to pay for something i was being deprived of , that there was a threat of restraint/assault.'..............that these are valid and to continue to be valid they must be included in the initial 14 day time limit claim?
Expert:  Ash replied 1 year ago.
No because an assault is that you have show an unlawful threat of violence. If that was the case it is a Police matter. The other point is valid.
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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