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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69890
Experience:  Over 5 years in practice.
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I was banned reason

Customer Question

Hi I was banned for faked reason
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
I was ban from a pub with exaggerated and false ready with no evidence to back claim
Expert:  Jo C. replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
Is there any legal challenge as due to the false exarstion I was arrested and detained for 17 hours missed work and radio interview and I am self employed
Expert:  Jo C. replied 1 year ago.

What was the allegation?

Customer: replied 1 year ago.
I was harassing customers trying to sell my music. This was not the case as I am a professional musician and sell my music at various markets across the country and on the Internet. Also I have lived in this area and been going to the pub for the last 15 years and never had any problem with staff or local people. This new Manager had only been at the pub for 4 weeks and at first would not give me any reason as to why I was ban but after a string of emails from me they made the accusation aprox 2 weeks after I kept demanding they put the reason for the ban in writing. They could not show the police any evidence of this taking place on cctv cameras and no customers or other staff could back there claims and to date they are refusing to send any evidence to back up the accusations
Expert:  Jo C. replied 1 year ago.

Ok.

Are you asking if you can take action?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

To regain entry to the pub?

Customer: replied 1 year ago.
No
for loss of earnings and fact of being arrested based on false information given to police by them also defamation of character
Expert:  Jo C. replied 1 year ago.

Have you seen his statement?

What did he specifically say that you can prove is untrue?

Customer: replied 1 year ago.
I was not harassing any one
2) I have not and was not selling my Cds to any one
It did not take place and they cannot come up with any evidence to back this claim
Expert:  Jo C. replied 1 year ago.

But how can you prove that this is untrue?

Customer: replied 1 year ago.
Because it did not take place
I sell my music in the middle of town centres every day j do not need to go into my local pub to sell CDs
Please note I have also been on tv and am s succesfull business person I should not and do not have to prove how I am not selling CDs they should prove why they said I was and why they found it nessary to call police and not have any kind of dilolouge and not communicate with me as a person regardless of race or sterio typing
Customer: replied 1 year ago.
I am not sure if you are thinking of the situation from a on bias point of view it does not come across that way to me
Expert:  Jo C. replied 1 year ago.

Thanks.

You are confusing being able to show that an allegation was disbelieved with being able to show that it is false. To bring any claim against him you will have to show that this was a false allegation and known to him to be false.

Quite frankly, there is no point in lying for him. He could have banned you for any reason he liked. A publican doesn't need a reason to withdraw an invitation to a person to enter their premises. He can ban you for simply disliking you.

He might well have made a false allegation but proving that it was false, rather than just one that could not be proven, is a difficult task. You are confusing the fact that the Crown cannot prove you guilty with being able to prove that you are innocent. The two are not the same thing at all.

You could get a solicitor to write to him warning him of the risks of making false allegations but I wouldn't suggest actually suing him on this evidence.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I was thinking in terms of this fales allegations resulted in my arrest and detained for 17 hr bailed for two weeks then have it cancelled due to lack of evidence me losing s days work That is why I am looking at compensation can you help with advice in this area
Expert:  Jo C. replied 1 year ago.

Yes, I do that type of work but don't have a case here for the reasons above.

You are confusing the allegation not being particularly strong with it being a false allegation which is not the same thing at all.

Customer: replied 1 year ago.
what would the allegation be based in the information I have given you as I said they said the ban was based on me harassing customers to buy cds when this did not take place so is that not fales information
Expert:  Jo C. replied 1 year ago.

Well, as I said, they don't need a reason to ban a person. A publican can withdraw a person's invitation to enter for any reason he likes.

Customer: replied 1 year ago.
I am aware of that but no reason does not warrant making up a fales reason and stating it in weighting
Expert:  Jo C. replied 1 year ago.

No, of course.

But that takes us back to the point I made above about proving an allegation is false.

Customer: replied 1 year ago.
I don't follow because they made the allegations so I am asking for proof of what they said is true
Expert:  Jo C. replied 1 year ago.

Yes, and you can do that.

But even if they completely ignore you that doesn't mean you have proved the allegation is false which is the standard you have to reach.

I'm happy to continue with this but please rate my answer.

Customer: replied 1 year ago.
The proof it is fales due to the fact I work in the middle of town centres promoting and selling my music and no previous mangers at the pub has accused me of this in the last 15 years also customers ca confirm I have never approached the asking them to buy my music this should be classed As evidence
Customer: replied 1 year ago.
I am not confident in our emails you understand the situation and you are giving me the nessary information that will benefit myself duo to the cirmcomstance I have been put through
Customer: replied 1 year ago.
Hi I would like a refund as my question was not answered also for the payment that was taken out today
Expert:  Jo C. replied 1 year ago.

I'm afraid I have opted out of this question already.

All the best.

Customer: replied 1 year ago.
I am requesting a refund as the question was not answered
Customer: replied 1 year ago.
I am still waiting on a response from the message I sent at 16.25 with regards ***** ***** refund