Were we right to walk out?

[Deleted User]

shezzone wrote: »

My son is returning tomorrow to speak to the manager during the day, when they are less busy. It's my first experience of this restaurant, who clearly couldn't cope when it was virtually empty when we arrived. There is a new cinema due to open directly above it next week. I fear it could only get worse for them.

:T Good on you! :T

Blackbeard_of_Perranporth

Why is it theft?

Just because a so called cafe, or gaff, cannot provide a service, deliver food in a reasonable time. Has no facility to pay when a customer is wanting to, does not mean it is theft. Poor service, and I have had poor service in recent times. I gave walked. I have an expectation of service. Waiting more than twenty minutes without word, and seeing others being given their food, I have got up from my seat and walked. This was a four star hotel, where I saved on many occasion last year. They had staffing issues. The following day, the manager apologised for the poor service, and the drinks I had were not charged. The following week, staff were replaced, and colleagues, from another hotel in the same group had been drafted in. The service from these staff was explempory,mind the barmaid came out and complimented me, as she knew as a regular from their other hotel.

Poor service deserves votes,neither feet!

gettingtheresometime

Blackbeard_of_Perranporth wrote: »

Why is it theft?

Just because a so called cafe, or gaff, cannot provide a service, deliver food in a reasonable time. Has no davility to lay when a customer is wanting to, does not mean it is theft. Poor service, and I have had poor service in recent times. I gave walked. I have an expectation of service. Waiting more than twenty minutes without word, and seeing others being given their food, I have got up from my seat and walked.mthis was a four star hotel, where I saved on many occasion last year. They had staffing issues. The following day, the manager apologised for the poor service, and the drinks I had were not charged. The following week, staff were replaced, and colleagues, from another hotel in the same group had been drafted in. The service from these staff was explempory,mind the barmaid came out and complimented me, as she knew as a regular from their other hotel.

Poor service deserves votes,neither feet!

H
I'm not rising to the bait.

Not paying for food eaten ( regardless of how long waited/ poor service) = theft

daytona0

Blackbeard_of_Perranporth wrote: »

Why is it theft?

Because the OP picked up a menu, checked the prices and accepted the offer of food/drink based on the quoted price. They were (eventually/would have been) invoiced for the total price of said consumed items.

There is no clause to allow free food where an arbitrary time has elapsed (or is there? Has OP checked the Ts and Cs/promotions? lol)

Thus by not settling the invoice and (initially) indicating that they have no intention to, the OP has stolen food/drink.

Can't believe I have to explain things which a 10 year old would understand

Poor service, and I have had poor service in recent times. I gave walked. I have an expectation of service. Waiting more than twenty minutes without word, and seeing others being given their food, I have got up from my seat and walked.mthis was a four star hotel, where I saved on many occasion last year.

I'm just wondering but did you like try SPEAKING to anyone? I mean I'm on your side if you tell me that they point blank refused to assist you when you SPOKE TO THEM, but if you've just sat there like a pleb and then got up and walked off without a word then you're a bit silly and rude, irrespective of how bad they were!

Silver-Surfer_2

gettingtheresometime wrote: »

So you stole the food?

They didn't though did they.

Making off without payment would be the offence contrary to section 3 of the theft act.

Making off without payment.

(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.
(2)For purposes of this section “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.
(3)Subsection (1) above shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.
(4)Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing or attempting to commit an offence under this section.

The question is though has the OP acted dishonestly? That maybe for a court to divide, it's not as if they've done a runner and shown clear intent not to pay..

R v GHosh is the dishonesty test for such matters.

photome

Blackbeard_of_Perranporth wrote: »

Why is it theft?

Just because a so called cafe, or gaff, cannot provide a service, deliver food in a reasonable time. Has no davility to lay when a customer is wanting to, does not mean it is theft. Poor service, and I have had poor service in recent times. I gave walked. I have an expectation of service. Waiting more than twenty minutes without word, and seeing others being given their food, I have got up from my seat and walked.mthis was a four star hotel, where I saved on many occasion last year. They had staffing issues. The following day, the manager apologised for the poor service, and the drinks I had were not charged. The following week, staff were replaced, and colleagues, from another hotel in the same group had been drafted in. The service from these staff was explempory,mind the barmaid came out and complimented me, as she knew as a regular from their other hotel.

Poor service deserves votes,neither feet!

Why don't you ask the guy who usually explains to the hard of hearing, he will know why it is theft

Silver-Surfer_2

gettingtheresometime wrote: »

H
I'm not rising to the bait.

Not paying for food eaten ( regardless of how long waited/ poor service) = theft

The same offence in question covers goods and services. I've seen advice here when someone has not been invoiced, to put the money in an account and not touch it for six years as that's how long they have to claim it. Are you suggesting the OP stands waiting to pay indefinitely or after six years they are OK to walk off.

What is a reasonable amount of time to wait when they know you want to pay?

Poppie68

Silver-Surfer wrote: »

They didn't though did they.

Making off without payment would be the offence contrary to section 3 of the theft act.

Making off without payment.

(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.
(2)For purposes of this section “payment on the spot” includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.
(3)Subsection (1) above shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.
(4)Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing or attempting to commit an offence under this section.

The question is though has the OP acted dishonestly? That maybe for a court to divide, it's not as if they've done a runner and shown clear intent not to pay..

R v GHosh is the dishonesty test for such matters.

It's not like they forgot to pay though..... They left the restaurant knowing full well they had to pay but made the decision to leave because they felt ignored. Surely their intent when they left the restaurant was to not pay?

All they had to do was walk up to the manager and put in a complaint and they would of possibly been given a substantial discount on the bill.

Silver-Surfer_2

Poppie68 wrote: »

It's not like they forgot to pay though..... They left the restaurant knowing full well they had to pay but made the decision to leave because they felt ignored. Surely their intent when they left the restaurant was to not pay?

All they had to do was walk up to the manager and put in a complaint and they would of possibly been given a substantial discount on the bill.

As I said, how long is it reasonable to stand there being ignored?

Had they left a name and address on a piece of paper at the till it would have been enough for there to be no theft issues.

Are there actions unreasonable so as to be dishonest?

naedanger

Poppie68 wrote: »

Surely their intent when they left the restaurant was to not pay?

Are you sure beyond reasonable doubt? Why did they wait at the till? Why is the son returning to speak to the manager?

All they had to do was walk up to the manager and put in a complaint and they would of possibly been given a substantial discount on the bill.

Do you really think so? Do you not think you would have done this if it were possible.

My own view is if they really could not get attention they should have left their contact details at the till. However if I heard of someone leaving in the circumstances described, I would not be sure beyond reasonable doubt their intent was to avoid payment.