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Toby Carvery charged sunday prices on a monday

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  • pianoplayer
    pianoplayer Posts: 32 Forumite
    I am grateful to the responses but I would like to know how best to proceed in complaining;
    The issues are that the pricing policy was not clear, I accept there is part responsibility on our part because we could have queried the Sunday menus, but that isn't excuse enough to not ensure that a bank holiday policy is clearly expressed. Surely it cannot be acceptable that if something is unclear then that is used to disadvantage a client if it is unfairly applied, it then becomes and unfair contractual term?

    You may be thinking that I am being less that forthright or seeking advantage, but I can assure you it is not the case. If it had been tourists from Canada that had walked in to this restaurant on the basis of the advertised price outside, not been made aware by staff that a Sunday policy applied, should they be penalised for their ignorance?
  • pianoplayer
    pianoplayer Posts: 32 Forumite
    Fortunately Trading Standards appear to agree and may investigate, for breach of statutory instruments 1999 No. 2083 CONSUMER PROTECTION The Unfair Terms in Consumer Contracts Regulations 1999.
    They also mentioned reasonable skill and care under the supply of goods and services act..

    I'll write the recorded delivery letter explaining and citing the above and I can keep this post abreast of the results if desired?
  • jkkne
    jkkne Posts: 167 Forumite
    I don't see where the ambiguity is

    My local Toby has a poster outside with the price and a star next to it. Every Carvery I've seen has the same one. They've always charged Sunday prices on a BH. Not a local policy, its a company policy.

    They then handed you a menu...a Sunday menu and you selected items from that menu at the price on the menu

    Common sense alone would have told you Bank Holiday would be akin to Sunday too I'd imagine.
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    jkkne wrote: »
    I don't see where the ambiguity is

    My local Toby has a poster outside with the price and a star next to it. Every Carvery I've seen has the same one. They've always charged Sunday prices on a BH. Not a local policy, its a company policy.

    They then handed you a menu...a Sunday menu and you selected items from that menu at the price on the menu

    Common sense alone would have told you Bank Holiday would be akin to Sunday too I'd imagine.

    Do you order from a menu at Toby Carvery? I always thought your just picked up a plate and helped yourself like some sort of animal?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • What were the prices on the menu that you ordered from?

    If they were Sunday prices then you have no leg to stand on.
    Thinking critically since 1996....
  • jkkne
    jkkne Posts: 167 Forumite
    goater78 wrote: »
    Do you order from a menu at Toby Carvery? I always thought your just picked up a plate and helped yourself like some sort of animal?

    I order a starter from the menu...then I go and hoard roast potatoes like there's a food shortage :D

    I should add the menu on the table will only have the available price, so if the Sunday menu is there (it does mention Bank Hols on it) then I know its Sunday prices (a whole £3.50 more)
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    Fortunately Trading Standards appear to agree and may investigate, for breach of statutory instruments 1999 No. 2083 CONSUMER PROTECTION The Unfair Terms in Consumer Contracts Regulations 1999.
    They also mentioned reasonable skill and care under the supply of goods and services act..

    I'll write the recorded delivery letter explaining and citing the above and I can keep this post abreast of the results if desired?

    Sounds like Trading Standards are fobbing you off.
  • Azari
    Azari Posts: 4,317 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would expect that a company dealing with the public should be obliged to make every effort to ensure that what they display is completely unambiguous.

    If they have a display that says that the price on a Monday is 'x' then that is the price they should charge.

    It is unacceptable to entreat a customer with a clearly displayed price and then charge them another on the basis that if they happened to read another notice they would have seen there was an exception.

    There is no reason why this outfit could not and should not do the intelligent and blindingly obvious thing and ensure that the Monday to Saturday prices have a very clear qualifier: "Except Bank Holidays when Sunday prices will be charged". Then there could be no confusion.

    It seems trading standards agree.
    There are two types of people in the world: Those that can extrapolate information.
  • roddydogs
    roddydogs Posts: 7,479 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It used to be full price after 7 pm anyway, and yes you have to order first as their are alternatives that have to be specially cooked, Pie or Veggy for example.
  • Azari
    Azari Posts: 4,317 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sounds like Trading Standards are fobbing you off.

    It sounds like the exact opposite. rolleyes.gif

    They have very clearly stated that they agree that the company have misbehaved.
    There are two types of people in the world: Those that can extrapolate information.
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