To be so upset people think we left without paying?

[ShownOnCCTV]

Went for Sunday Lunch - have been to the pub many times before.

15 of us celebrating a birthday - balloon for the birthday girl.

Spent a lot- three courses, plenty of alcohol as well always do - all this is irrelevant but want to put the whole picture - left a 15% tip- service/food/ everything was excellent as always.

Have just been made aware of a FB post, CCTV picture of a couple standing by our table, all of us in full view - with a big post from the owner of the pub saying that these people left without paying please find them

Below this is text saying how hard it is to run a pub without people doing a runner and in this wall of text it says 'the people at the table are not involved '

Cue loads of people saying- 'its a kids 10th birthday it can't be hard to find them'
'scum, who goes for a birthday and doesn't pay'
'great pictures, easy to find then- and a link to my work page'

I have rung up and asked them to take the post down - they refuse
I have asked them to blur our images they refuse.

My son has just had someone ring him asking him why didn't we pay.

I have posted on the page asking them to remove our images and that we have proof we paid but still nothing.

Owner is responding to other posts on the page so must have seen mine. Just saying how hard it is for people to walk without paying (I'm sure it is, but we are booked for next week- 20 people, but I shall now go elsewhere)

AIBU to be so upset about this- so many comments thinking we are thieves.

Defamation cases are often the most expensive civil cases in the UK and very very difficult to win - regardless of the difference in facts, recall how Johnny Depp lost his case in the UK against the media but won in the USA.

In the UK the OP would have to show serious harm to her reputation (thus far she can’t, possible harm isn’t enough, let alone when conducted by a vigilante third party) and also that the so-called libellous statement referred to her (the Fb post does not refer to her in any way so in fact no libellous claim has been made). I understand the photo makes her/her family identifiable but the associated statement in fact specified that it was not her family who were being referred to re criminal activity.

OP if I were you I’d skip the idea of suing for now - I say this as someone who brought an unsuccessful civil claim (totally different type of case but involved some online statements and a similar ball park in some respects re online activities). It took 2 years to get to court and cost me thousands of pounds. Just because a case looks clear cut to the public doesn’t mean a judge (and in Defamation cases it’s actually a jury) would agree. They often ignore evidence that seems to be “slam dunk” in favour of a version that could result in even more harm to you.

There is nothing wrong with writing them a letter and photographing it - upload it to the comment section of the Facebook post and screenshot that (perhaps with your name blanked out, or from a different Facebook account that you set up just for this purpose - only necessary if your name isn’t linked “by your own hand” to that post).

If the pub were to remove that possible post (such a post is a justifiable and legal act from you, so don’t threaten) then you have more fuel for a defamation claim, if it comes to it.

You may wish never to return to the pub, but if you do wish to at some point in the future, legal action will surely put paid to that as a possibility because you simply wouldn’t want to and there will always be this event looming in your world whenever you see the pub etc. The pub will recover and feel justified in the initial post because they did say it wasn’t you. They will carry on with or without you so don’t think the impact will be equal if you take legal SCT - the victim suffers more, in my opinion.

Several pp gave good sample letters - use them perhaps as starting points.

Personally I’d lay off thd legal threat by way of Letter Before Action because it will strengthen any case to have you write a formal letter setting out the facts first to give the public every opportunity to respond or resolve the matter informally - include date of published photo, comments made, what happened at work, impact for you etc and a list of the calls you made to her.

Write the outcome that you want - apology on Fb, removal of post, blurred faces, compensation etc. whatever you actually want.

If that letter gets no response in 7 days, speak to Citizens Advice for steps to take.

Best of luck OP

Sorry random SCT in there (ignore) and I meant a letter would give the public every, not the public, the opportunity to resolve it.

Get a solicitor to send them a letter. If it’s just you emailing them they’ll think they can ignore it/ Then if they don’t fix things to your satisfaction sue them for slander. You’ve given them every reasonable chance.

Local authority , food standards agency or the ombudsman- there are a few options 🤨

I’d def be mentioning the family in Northern Ireland who sued and got £75k from the restaurant.
Id be so upset too op, they need to put up an apology and clarification

The local authority won't get involved in this. Nothing to do with food standards either. And what ombudsman? Restaurant ombudsman? 🤨

If you have proof of paying contact the pub and tell them that you will sue for libel if they don’t take the post down and publish an apology.

Post the receipts on their pages, and yours, on all you social sites, and tag the place - they cannot remove your post from your sited, albeit they can ignore yours on theirs. Also, send them a letter through a lawyer, saying you will sue for libel.

This is awful. You could consider telling them you will report them to the Information Commissioner as a GDPR breach given you have been identified. Then follow through and let your MP know. And as others have said, spam reviews too.

I haven’t read the whole thread so sorry in advance if this has been discussed already!

Even though they clearly have no care at all about you and your reputations personally, I'm utterly astonished that they as a business are so desperate to arbitrarily throw away the money from 20 customers for the now-cancelled booking, as well as everything that they would have spent in perpetuity - along with all of their friends and family whom they warn away from going to the establishment again.

They've completely shot themselves in the foot in their response to one incident of theft.

There's nothing stopping them from taking a significant upfront deposit from all bookers, to be taken off the final bill - which they could easily decide to waive for regular customers whom they know to be trustworthy.

Post on reply on fb, then review on Trustpilot and as many other public review outlets you can find. Cite false accusation and intransigence when requesting deletion.

I'd get mad! This is smtg that can impact your reputation so badly. I'd go for legal action.

Any update?

The ICO (Information Commissioner's Office)

Once again, the ICO will do nothing.

I'm not a lawyer, but I do deal in and teach about libel. The fact that they have mentioned its not your table will not protect them if, as is clear from what's happening, you are being hassled because of the post... In essence, they haven't made it clear enough. Plus you have quite reasonably asked them to change/blur/take down the post and they have refused, so they are not acting reasonably. Also, it may only be a couple of hundred reactions, but they are very significant reactions because they are your immediate friends and neighbours. All of that said, it's probably not worth suing, though a no win no fee lawyer might take a punt! I think you need to do a couple of things. First, take screenshots and dated copies of all correspondence and note down the times you have called, what was said, and also the times you have called and been ignored. Second, send them a 'cease and desist' letter. This is a formal letter giving notice that if the don't 'cease and desist' an action, you will seek legal redress. You can look online and there's examples, but basically you need to say that their post is 'defamatory and is unfairly lowering you in the eyes of right thinking members of society generally, as well as causing your children to be shunned and avoided'. If any of you work in a field where 100% honestly I'd needed, say banking, you could also throw in that they are 'damaging you in your office, trade or profession'. Point out the distress this is causing your family, and that they have refused to adjust the post to stop this happening, and say they are acting unreasonably. Give them a time period to take the post down (or blur your family if you're feeling nice)... 12 hours, 24 hours... Whatever you feel is reasonable... And send it. Label the letter cease and desist in big letters. If they still ignore you, go see a local no win no fee solicitor! They have a duty of care to you....