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  • FIRST POST
    • The 3rd Zebu
    • By The 3rd Zebu 18th May 17, 2:21 PM
    • 590Posts
    • 16,155Thanks
    The 3rd Zebu
    Tripadvisor poster threatened with Jail
    • #1
    • 18th May 17, 2:21 PM
    Tripadvisor poster threatened with Jail 18th May 17 at 2:21 PM
    This was in the news today:

    http://www.dailymail.co.uk/news/article-4517846/Mother-threatened-JAIL-TRIPADVISOR-review.html
Page 1
    • agrinnall
    • By agrinnall 18th May 17, 2:42 PM
    • 17,394 Posts
    • 13,054 Thanks
    agrinnall
    • #2
    • 18th May 17, 2:42 PM
    • #2
    • 18th May 17, 2:42 PM
    Usual DM over the top nonsense.
    • Browntoa
    • By Browntoa 18th May 17, 3:21 PM
    • 31,014 Posts
    • 36,715 Thanks
    Browntoa
    • #3
    • 18th May 17, 3:21 PM
    • #3
    • 18th May 17, 3:21 PM
    reading the article theres possibly more to it than 1 bad review , the restaurant mention 3 low scores and on the last review she didn't have a booking on the day she reviewed.
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's and Discount Code boards which means I'm a volunteer to help them run smoothly and I can move and merge posts there. However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • daytona0
    • By daytona0 18th May 17, 3:30 PM
    • 2,136 Posts
    • 2,501 Thanks
    daytona0
    • #4
    • 18th May 17, 3:30 PM
    • #4
    • 18th May 17, 3:30 PM
    reading the article theres possibly more to it than 1 bad review , the restaurant mention 3 low scores and on the last review she didn't have a booking on the day she reviewed.
    Originally posted by Browntoa
    And a telephone call in which it all kicked off...

    Two sides to every story.

    The venue is potentially completely in the right, but getting this sort of publicity will only hinder their business in the long-term.
    ent.
    • Pollycat
    • By Pollycat 18th May 17, 3:53 PM
    • 16,910 Posts
    • 41,033 Thanks
    Pollycat
    • #5
    • 18th May 17, 3:53 PM
    • #5
    • 18th May 17, 3:53 PM
    Article said she'd been going for years & the staff were more rude each time.

    One wonders why she continued to go there.
    • The 3rd Zebu
    • By The 3rd Zebu 18th May 17, 3:56 PM
    • 590 Posts
    • 16,155 Thanks
    The 3rd Zebu
    • #6
    • 18th May 17, 3:56 PM
    • #6
    • 18th May 17, 3:56 PM
    reading the article theres possibly more to it than 1 bad review , the restaurant mention 3 low scores and on the last review she didn't have a booking on the day she reviewed.
    Originally posted by Browntoa
    The review was posted on March 22nd but one isn't required to post on the very same day a visit was made. There is no requirement to state what date one made a particular visit. Some of my postings on Tripadvisor have been made two weeks after the event!
    • London50
    • By London50 18th May 17, 4:00 PM
    • 1,438 Posts
    • 1,343 Thanks
    London50
    • #7
    • 18th May 17, 4:00 PM
    • #7
    • 18th May 17, 4:00 PM
    Any poster for reviews on TA has it dated on the day/date it is posted so unless you state a day/date or time in your reviews there is no correlation between when you have the experience and when you review it.
    • hollydays
    • By hollydays 18th May 17, 4:52 PM
    • 14,933 Posts
    • 10,715 Thanks
    hollydays
    • #8
    • 18th May 17, 4:52 PM
    • #8
    • 18th May 17, 4:52 PM
    http://www.mirror.co.uk/news/uk-news/how-fraud-gang-went-court-9271496
    Last edited by hollydays; 18-05-2017 at 4:56 PM.
    • hollydays
    • By hollydays 18th May 17, 5:59 PM
    • 14,933 Posts
    • 10,715 Thanks
    hollydays
    • #9
    • 18th May 17, 5:59 PM
    • #9
    • 18th May 17, 5:59 PM
    http://www.dailymail.co.uk/news/article-4519564/High-Rocks-checked-CCTV-woman-complained-food.html
    • Browntoa
    • By Browntoa 18th May 17, 6:21 PM
    • 31,014 Posts
    • 36,715 Thanks
    Browntoa
    Reading the daily mail story I now have my doubts
    Last edited by Browntoa; 18-05-2017 at 6:35 PM.
    • hollydays
    • By hollydays 18th May 17, 6:25 PM
    • 14,933 Posts
    • 10,715 Thanks
    hollydays
    https://www.thecaterer.com/articles/30792/libel-claim-thrown-out

    Same restaurant owner again

    The public seems to be having a bit of fun with their Facebook page.
    Last edited by hollydays; 18-05-2017 at 7:13 PM.
    • IAmWales
    • By IAmWales 18th May 17, 7:00 PM
    • 552 Posts
    • 1,090 Thanks
    IAmWales
    How to give an opinion on the ethics of a solicitor that takes on frivolous cases like this?

    I'll just leave this here ...

    Solicitors must:

    uphold the rule of law and the proper administration of justice
    act with integrity
    not allow their independence to be compromised
    act in the best interests of each client
    provide a proper standard of service to clients
    behave in a way that maintains the trust the public places in them and in the provision of legal services
    Law Society Code of Conduct
    • Pollycat
    • By Pollycat 19th May 17, 8:25 AM
    • 16,910 Posts
    • 41,033 Thanks
    Pollycat
    A mother has been threatened with jail after leaving a one-star restaurant review on TripAdvisor.
    What are these 'threats to jail' someone?
    Surely a restauranteur or a solicitor can't threaten that.

    Or is that just the usual DM hyperbole?

    According to the article:
    Soon after publishing her review, which has been taken down, Ms Gardner received a letter from London law firm Cohen Davis Solicitors, who plan to take the case to the High Court – claiming that she is in contempt of court.
    Can someone really be 'in contempt of court' if the case hasn't gone to court yet?
    Or is that yet more DM hyperbole?

    There's mention in the article about the date of the review.
    You don't give a specific date that you dined there, just the month and year.

    Cohen Davis Solicitors are 'page removal solicitors', 'defamation solicitors' etc.
    http://www.internetlawcentre.co.uk/

    There's a rolling list of what they've had removed from the internet.

    Can it really be 'online review defamation' if the review is accurate?
    Defamation is a spoken or written expression which is deemed to harm the reputation of an individual and proved to be false.
    https://www.lawontheweb.co.uk/legal-help/definition-of-defamatory

    Who has the burden of proof here?
    The diner to prove her review was honest?
    Or the restaurant to prove it wasn't?

    I can't see how this reflects well on the restaurant in question.
    The owner would have had the right of reply to the review on Tripadvisor.
    That would seem to be the most appropriate way to go as potential future diners could read the reviews and the owner’s response and make their own minds up based on reviews from other diners.

    That's what I do.

    But....but - how did the restaurant identify who the customer was from her TA user name?

    Here's what TA say about
    If I write a review of a business, can the business contact me about it?

    It is against our privacy policy to share a reviewer's e-mail address with an owner, manager, or anyone else. Reviewers stay anonymous unless they choose to post their e-mail addresses or contact information in a contribution, such as a review or forum post.
    If you use a descriptive screen name (e.g. NYCredheadmom) or a friendly name (your first name and initial of surname) as your display name, the business you review may be able to figure out who you are.


    Business owners or managers may contact you through the TripAdvisor private messaging system, which allows TripAdvisor members to correspond without sharing their e-mail addresses. Owners may use the messaging system to thank reviewers, ask for further feedback or make legitimate attempts to resolve customer service issues, but owners may not ask reviewers to remove a review via the messaging system, and harassment of reviewers is strictly prohibited.
    Interesting.

    Here's a link to a similar complaint about threats to remove a bad review:
    http://forums.moneysavingexpert.com/showthread.php?t=5620836&highlight=tripadvisor
    • The 3rd Zebu
    • By The 3rd Zebu 19th May 17, 6:58 PM
    • 590 Posts
    • 16,155 Thanks
    The 3rd Zebu
    https://www.thecaterer.com/articles/30792/libel-claim-thrown-out

    Same restaurant owner again

    The public seems to be having a bit of fun with their Facebook page.
    Originally posted by hollydays
    Nice find - Re: that earlier libel claim which was thrown out of court.

    I am surprised the press did not pick up on that one.

    If those solicitors do go ahead in pursuing this present claim it would be rather ironic if they just turned a blind eye to the numerous and far worse comments that have since been made on the restaurant's own Facebook site.
    • pogofish
    • By pogofish 19th May 17, 7:35 PM
    • 6,988 Posts
    • 6,968 Thanks
    pogofish
    Maybe MSE should employ that solicitor to act over threads in inappropriate forums..?

    This is much more DT as opposed to PVW!

    Besides that, its been done to death here already but the establishment/solicitor are acting well outside their Tripadvisor agreement - which sets very clear limits on the way they can contact/respond to individual posters and absolutely forbids harassment - So I think fair comment applies as they have pretty clearly demonstrated a willingness to cut corners in all the worst ways possible!
    • MONEYTREE
    • By MONEYTREE 22nd May 17, 12:05 PM
    • 124 Posts
    • 44 Thanks
    MONEYTREE
    I note that 15% of the restaurant's reviews are "average, poor or terrible". When the restaurant gets 100% excellent, bar that one, they can question the poor review.
    • MONEYTREE
    • By MONEYTREE 22nd May 17, 12:12 PM
    • 124 Posts
    • 44 Thanks
    MONEYTREE
    PS this "threatened with jail" malarkey is utter codswallop.

    There is a ZERO percent chance that anyone in the UK writing a restaurant review on TripAdvisor could possibly "go to jail" for it. ZERO. Stupid, empty, threat; stupid, pointless headline.
    • Pollycat
    • By Pollycat 22nd May 17, 12:23 PM
    • 16,910 Posts
    • 41,033 Thanks
    Pollycat
    PS this "threatened with jail" malarkey is utter codswallop.

    There is a ZERO percent chance that anyone in the UK writing a restaurant review on TripAdvisor could possibly "go to jail" for it. ZERO. Stupid, empty, threat; stupid, pointless headline.
    Originally posted by MONEYTREE
    But possibly just what we've come to expect from the stupid, pointless Daily Mail.
    • daytona0
    • By daytona0 22nd May 17, 12:52 PM
    • 2,136 Posts
    • 2,501 Thanks
    daytona0
    https://www.facebook.com/pg/highrocks/reviews/

    People are trashing their reputation on Facebook

    Currently 235x 1-star reviews, many of them completely fake!
    ent.
    • Malthusian
    • By Malthusian 22nd May 17, 1:16 PM
    • 1,961 Posts
    • 2,815 Thanks
    Malthusian
    There is a ZERO percent chance that anyone in the UK writing a restaurant review on TripAdvisor could possibly "go to jail" for it. ZERO. Stupid, empty, threat; stupid, pointless headline.
    Originally posted by MONEYTREE
    Not for writing the restaurant review, no (at worst that would be defamation, which is a civil wrong and not a criminal offence). What the law firm appears to be saying is that if the reviewer ignores their court action, she could be fined for contempt of court, and if she didn't pay the fine she could go to jail - which is true. It is, however, repulsive behaviour and a clear case of intimidation to talk about going to jail when there is no sign the reviewer has any intention of committing contempt of court - they haven't even sued her yet so she hasn't even had a chance to commit it.

    I don't know why people are castigating the Daily Mail for reporting on the behaviour of the law firm. It is a statement of fact that they sent her "a mocked-up draft of a court injunction which said: 'PENAL NOTICE: If you, Sarah Gardner, do not comply with this order you may be held in contempt of court and may be imprisoned or fined."

    Besides that, its been done to death here already but the establishment/solicitor are acting well outside their Tripadvisor agreement - which sets very clear limits on the way they can contact/respond to individual posters and absolutely forbids harassment
    by pogofish
    Tripadvisor can't get you to sign away your right to sue people. But they can, of course, terminate your own agreement with them if you sue your customers - i.e. not sell you any advertising services or allow you the right of reply on your TripAdvisor page.
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