Pub meal that wasn't right didn't eat it. Then they phoned police

phlogeston

hums60 wrote: »

My point is how is not leaving your name and number thought to be dishonest

Theft Act 1978

"1) Subject to subsection (3) below, a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence. "


Please note the words of the Act - dishonesty and intent

Also, the offence is for GOODS or SERVICES - you don't have to eat a meal, a service has been provided.




So looking at the actus reus :

• payment on the spot was expected (it is at restaurants/pubs/petrol stations)
• a service was provided (that is the preparation of the meal)
• they made off without payment

So looking at the mens rea (intention) :

• did they intended not to pay
• were they dishonest

I am not trying to impugn the honesty of your parents, but they had fulfilled ALL the actus reus for the criminal offence of "Making Off Without Payment", which is why the police were happy to get involved.

They did not intend to pay.
If they had left a name and address, they would leave the pub the option of suing through the civil courts and therefore there is no clearly and demonstrably no dishonesty.

hums60

Ok i see your point
But dosn't the service have to be of some kind of standard before you have to pay
Otherwise a waiter could bring your meal out to you, spit in it in front of you and then just say

• payment on the spot was expected (it is at restaurants/pubs/petrol stations)
• a service was provided (that is the preparation of the meal)
• NOW I STILL WANT PAYING

?

phlogeston

hums60 wrote: »

But dosn't the service have to be of some kind of standard before you have to pay

Consider how many people do a runner from restaurants, pubs, petrol stations. Which ones are honest and which ones are dishonest?

The police, when informed by the owner will only have one side of the story. They will not send a steak off for forensic analysis to determine whether it is truly medium rare or not.

My advice is to leave a name and address because it proves that there is no dishonesty.

I am not saying your parents are dishonest, or passing comment on the quality of the steaks.

I am providing advice on the legal position of walking out of any eating establishment without paying.

My apologies for spending all that time and money studying criminal law and for offering free advice on this forum - I realise it is obviously not wanted.

Optimist

phlogeston wrote: »

I am providing advice on the legal position of walking out of any eating establishment without paying.

My apologies for spending all that time and money studying criminal law and for offering free advice on this forum - I realise it is obviously not wanted.

:rotfl::rotfl: :rotfl:Sarcasm, wonderful stuff :rotfl::rotfl::rotfl:

Idiophreak

phlogeston wrote: »

"1) Subject to subsection (3) below, a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence. "

1) Don't see anything dishonest - they told them they weren't paying
2) They weren't required to pay - they hadn't received the goods they'd asked for
3) They weren't expected to pay - they'd told the manager they weren't going to.
4) There was no amount due, so they weren't avoiding paying it.

This law is designed to stop people eating and running - not to force people into paying for substandard food...

hums60

phlogeston wrote: »

Consider how many people do a runner from restaurants, pubs, petrol stations. Which ones are honest and which ones are dishonest?

The police, when informed by the owner will only have one side of the story. They will not send a steak off for forensic analysis to determine whether it is truly medium rare or not.

My advice is to leave a name and address because it proves that there is no dishonesty.

I am not saying your parents are dishonest, or passing comment on the quality of the steaks.

I am providing advice on the legal position of walking out of any eating establishment without paying.

My apologies for spending all that time and money studying criminal law and for offering free advice on this forum - I realise it is obviously not wanted.

Fair enough it sounded like your were trying to say they were dishonest by not leaving their contact details but i now know you were just pointing out the legal side of it
Not everyone is aware of the propper procedure
They or even me were not aware that you had to leave your details even if you didn't eat the meal
Lesson learn't
But i was just making clear that by not leaving their details they wasn't trying to be dishonest

hums60

Idiophreak wrote: »

1) Don't see anything dishonest - they told them they weren't paying
2) They weren't required to pay - they hadn't received the goods they'd asked for
3) They weren't expected to pay - they'd told the manager they weren't going to.
4) There was no amount due, so they weren't avoiding paying it.

This law is designed to stop people eating and running - not to force people into paying for substandard food...

That's what i thought
But apparently not !!!!!!!!!!

ChrisCobra

http://www.tripadvisor.co.uk/ShowUserReviews-g190764-d1009947-r21507329-Memphis_Belle-Warrington_Cheshire_England.html#REVIEWS

Rofl , can you spot the blatant fake review ( i think )

Idiophreak

ChrisCobra wrote: »

http://www.tripadvisor.co.uk/ShowUserReviews-g190764-d1009947-r21507329-Memphis_Belle-Warrington_Cheshire_England.html#REVIEWS

Rofl , can you spot the blatant fake review ( i think )

It is *interesting* that most of the reviews that give it a decent score seem to be more or less anonymous

hums60

Thomas_Best_Friend wrote: »

Sounds like the scrubby parents couldn't afford to eat the crap they ordered, so they changed their mind and blamed the restaurant.

Are people really so pathetic that they send back a perfectly good steak because it's not precisely as wanted?

Yep that's it spot on how did you guess :rotfl:
I'm gonna do the same tomorrow
Like to see them try and treat me like that !