Woman threatened with imprisonment after leaving her 'Trip advisor' review.

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Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Syl on Mon May 22, 2017 6:59 pm

I often leave reviews, both good and bad  on Trip advisor after visiting various places.
Seems this venue is not happy with any criticism and is taking this womans own personal and honest review way too seriously. A reaction like this would put me off going. Shocked



"For most in the hospitality industry, the odd bad review is part and parcel of the trade, but one venue appears to be determined to silence its critics.
According to The Mirror, Sarah Gardner, a 44-year-old mother and part-time nurse, has been threatened with legal action after posting a negative review on TripAdvisor of the Tunbridge Wells-based High Rocks restaurant and wedding reception venue.
The review posted on March 22 has since been taken down, but according to a screenshot obtained by the Daily Mail, it said: “Visited here with my family, been coming here for years. I have found the staff more and more rude each time."
“They have an arrogance that should not exist in a service industry, particularly the management. It’s as if they are doing you a favour, I found dealing with them frustrating and perplexing."
It went on to add: "Food is mediocre at best, they seem to survive by being one of the few venues to do eighteenth parties locally.”
Cohen Davis Solicitors, who are representing the eatery, have reportedly sent Gardner an 11-page letter threatening her with action in the high court on the grounds of defamation."




http://www.msn.com/en-gb/foodanddrink/foodnews/a-mother-has-been-threatened-with-imprisonment-after-posting-an-honest-restaurant-review-on-tripadvisor/ar-BBBiAgI?li=AAmiR2Z&ocid=spartandhp

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Raggamuffin on Mon May 22, 2017 7:01 pm

Why does she keep going there if she doesn't like the staff?

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Syl on Mon May 22, 2017 7:14 pm

Good point...and she doesn't seem struck on the food either. Laughing

I think everyone should be allowed to leave opinions on Trip advisor without being threatened though....that's what the review section is there for.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Original Quill on Mon May 22, 2017 7:19 pm

Raggamuffin wrote:Why does she keep going there if she doesn't like the staff?

Perhaps to give them the benefit of the doubt that it was a one-off.  When it wasn't, she posted on Trip Adviser.

If High Rocks participates, negative comments are no surprise.  They sound like the little boy who cried 'wolf'.  Opinions are not actionable.  Evil or Very Mad

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Syl on Mon May 22, 2017 7:41 pm

I often think good reviews (especially when you have been yourself and found a place horrendous) are sometimes written by the establishment themselves. Laughing
But everyone sees a place differently.....if you cant tolerate a bad review you shouldn't be in that sort of business in the first place.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Raggamuffin on Mon May 22, 2017 7:43 pm

I don't like to see nasty reviews. If you don't like a place, don't go there again.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Syl on Mon May 22, 2017 7:57 pm

Raggamuffin wrote:I don't like to see nasty reviews. If you don't like a place, don't go there again.

I have given a couple of less than complimentary reviews, never nasty but truthful...and the service or food has had to have been really bad before I bother..
I give a lot more nice reviews though.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by HoratioTarr on Mon May 22, 2017 8:05 pm

I leave reviews all the time on Trip Advisor. Mostly good ones, but some negative and quite scathing. I suppose you'd have to look at what other reviews people put and if there are bad ones along with this one, then I'm not sure they would be able to sue her successfully.
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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by HoratioTarr on Mon May 22, 2017 8:07 pm

Just read the reviews. There's a fair amount of really bad ones. Instead of moaning and threatening to sue, the owner needs to sort his shit out.
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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by eddie on Mon May 22, 2017 10:16 pm

This is so funny.

Scandinavian hotel






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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Syl on Tue May 23, 2017 12:04 pm

lol!

That's brilliant, and so true.
The sensor tasp  and the light switch confusion has happened to all of us I bet. Laughing

In Greece we had a shower in the room that was a death trap. You had to step in it like a high bath, once in there was a small square step and a lower step under the shower, but it was bowl shaped, so obviously once it was wet it was dangerously slippy and hard to keep balance.
First shower my OH had he pulled a cord which he presumed was an air extractor, he then realised it was an emergency cord to pull in cases of emergency, which I imagine, given the design was a frequent occurrence.
Anyway, he shot out of the shower, dried and dressed in about 30 seconds so he would be ready for the first aiders who were sure to respond....no one bothered though. Razz

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by eddie on Tue May 23, 2017 2:23 pm

In Greece where I stayed for six weeks up in the mountains, I had an outdoor shower that was basically a big metal drum thing that held water which was heated by the sun.  

Some days, (especially when it was really early morning - the mountain temperature drops severely at night!) that water was fucking freezing. And you had to keep pulling a cord to pull the water out.

Perversely, I always felt fresher bathing that way...no idea why...and it seemed quite erotic and romantic too, though I didn't have anyone to share it with. No

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Syl on Tue May 23, 2017 6:59 pm

eddie wrote:In Greece where I stayed for six weeks up in the mountains, I had an outdoor shower that was basically a big metal drum thing that held water which was heated by the sun.  

Some days, (especially when it was really early morning - the mountain temperature drops severely at night!) that water was fucking freezing. And you had to keep pulling a cord to pull the water out.

Perversely, I always felt fresher bathing that way...no idea why...and it seemed quite erotic and romantic too, though I didn't have anyone to share it with. No

It sounds very err....basic, which is what makes some Greek islands so attractive, though I am always glad when I get home and can actually flush toilet paper rather than saving it in the bin provided. Cool

The sea was freezing, I loved it, hardly anyone swam but I was in there most days....I also prefer a cold swimming pool to a hot one....so I know what you mean.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by eddie on Tue May 23, 2017 7:58 pm

Syl wrote:
eddie wrote:In Greece where I stayed for six weeks up in the mountains, I had an outdoor shower that was basically a big metal drum thing that held water which was heated by the sun.  

Some days, (especially when it was really early morning - the mountain temperature drops severely at night!) that water was fucking freezing. And you had to keep pulling a cord to pull the water out.

Perversely, I always felt fresher bathing that way...no idea why...and it seemed quite erotic and romantic too, though I didn't have anyone to share it with. No

It sounds very err....basic, which is what makes some Greek islands so attractive, though I am always glad when I get home and can actually flush toilet paper rather than saving it in the bin provided. Cool

The sea was freezing, I loved it, hardly anyone swam but I was in there most days....I also prefer a cold swimming pool to a hot one....so I know what you mean.

Do you know, I like creature conforts but there really is a lot to be said for living basically. I don't know....it kind of appeals to me.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Syl on Tue May 23, 2017 10:46 pm

eddie wrote:
Syl wrote:

It sounds very err....basic, which is what makes some Greek islands so attractive, though I am always glad when I get home and can actually flush toilet paper rather than saving it in the bin provided. Cool

The sea was freezing, I loved it, hardly anyone swam but I was in there most days....I also prefer a cold swimming pool to a hot one....so I know what you mean.

Do you know, I like creature conforts but there really is a lot to be said for living basically. I don't know....it kind of appeals to me.


I like the thought of a simple life, I would probably be bored after a few weeks weeks or so though.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by eddie on Tue May 23, 2017 11:21 pm

I sort of know what you mean. I'd have to go looking for chaos. Or havoc. I'm not fussy. Cool

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Fred Moletrousers on Wed May 24, 2017 10:14 am

HoratioTarr wrote:Just read the reviews. There's a fair amount of really bad ones.  Instead of moaning and threatening to sue, the owner needs to sort his shit out.

It's obviously a try-on by the plaintiff's lawyers.

Provided she can show that her review was an honestly held personal opinion, clearly solicited by the hotel itself because they openly offer online review facilities, and was based on her actual experience there and not with any malicious purpose, the case would be laughed out of court.

Her counsel might also successfully cite one of the classic defences in actions for defamation: That what was published online was in the public interest.

The fact that there are apparently many other adverse reviews in existence could easily be used as evidence to support her defence. Defamation of a company or organisation is, in any case, a civil and not a criminal matter (and a notoriously difficult one to pursue with any reasonable guarantee of success) and an action by the proprietors would be risky in that it would inevitably open up the possibility of a whole range of other potentially damaging reviews being presented by the defendant's counsel.

It might, however, conceivably be a different matter if she actually named the proprietor, manager or any other specific staff member in her adverse review because she would then have risked defaming an actual person as opposed to a place.

She most certainly cannot be imprisoned or fined for simply saying that a hotel offers poor service and has a surly staff; any such punitive action could only result from a criminal charge of contempt of court resulting directly from a wilful refusal to obey the judge's decision and consequent penalty, such as paying damages or making a public apology.



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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Original Quill on Wed May 24, 2017 4:00 pm

Agreed, it's not a criminal matter.

Fred M. wrote:It might, however, conceivably be a different matter if she actually named the proprietor, manager or any other specific staff member in her adverse review because she would then have risked defaming an actual person as opposed to a place.

The same standards would apply if it was a person, as if it were a business.  For example, if the proprietor were a part of the bad or rude service, s/he would be fair game for opinion, or factual claims provided the facts are true.

The essence of a defamation claim is injury to reputation owing to false fact.  Opinion is not factual, so while it is perhaps injurious it is not actionable.  Truth?  Obviously, truth is injurious, but that is owing to reality.   It is not false by definition.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by WhoseYourWolfie on Wed May 24, 2017 4:31 pm

Cool

The idea of a overly-sensitive business trying to threaten someone with legal action (let alone their lawyers ludicrously threatening imprisonment ?), simply because they don't like a bit of honest criticism, reminds me of a noisy little whiner threatening to call the cops because he/she doesn't kike the way that they imagined you looked at them...

"All piss and vinegar"..

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Raggamuffin on Wed May 24, 2017 9:16 pm

They should have told her she was barred in future since she doesn't like the place or the food. Laughing

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Syl on Wed May 24, 2017 9:25 pm

Raggamuffin wrote:They should have told her she was barred in future since she doesn't like the place or the food.  Laughing

I think they would be within their rights to do that, and she was within her rights to give an honest review.

I read the reviews on this place....tbh most were good, the main complaints were about the attitude of the staff.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Raggamuffin on Wed May 24, 2017 9:27 pm

Syl wrote:
Raggamuffin wrote:They should have told her she was barred in future since she doesn't like the place or the food.  Laughing

I think they would be within their rights to do that, and she was within her rights to give an honest review.

I read the reviews on this place....tbh most were good, the main complaints were about the attitude of the staff.

It makes me laugh when people complain in shops or restaurants and storm out saying they'll never go there again - as if the staff will be upset about that. Laughing

I don't see the point of a negative review - what's the purpose unless it's to put others off? Just don't go there again and get over it.

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Re: Woman threatened with imprisonment after leaving her 'Trip advisor' review.

Post by Original Quill on Wed May 24, 2017 11:16 pm

Raggamuffin wrote:
Syl wrote:

I think they would be within their rights to do that, and she was within her rights to give an honest review.

I read the reviews on this place....tbh most were good, the main complaints were about the attitude of the staff.

It makes me laugh when people complain in shops or restaurants and storm out saying they'll never go there again - as if the staff will be upset about that. Laughing

I don't see the point of a negative review - what's the purpose unless it's to put others off? Just don't go there again and get over it.

Well it all goes back to, who takes the risk. I know the help just takes off the apron and goes on to the next job. But, according to a recent industry study, 59% of hospitality facilities fail in the period of 3 years. https://possector.com/management/restaurant-failure Call it poor management, or whatever, but somehow those reviews have an effect.

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