Blackpool business man awarded £7,455 against online troll who posted lies about his restaurant

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An online troll who posted fake negative reviews on Tripadvisor about a Fylde coast restaurant has been ordered to pay £7,455 to the owner.

 

Martin Stewart Potts of Belmont, near Bolton, embarked on a campaign of lies against a Bispham business after the owner challenged one of his reviews on the online site.

He had visited Bispham Kitchen on Red Bank Road and afterwards wrote “The owner glares at you weirdly”.

But the malicious reviewer bit off more than he could chew as Bispham Kitchen’s owner, Steve Hoddy, is a trained lawyer and used his skills to take Potts to court.

Steve Hoddy at the Bispham Kitchen. Mr Hoddy successfully challenged a man who posted fake reviews about his business and won more than £7,000 damages in court

Steve Hoddy at the Bispham Kitchen. Mr Hoddy successfully challenged a man who posted fake reviews about his business and won more than £7,000 damages in court

In a hearing in July, Judge Sephton ruled that Potts was guilty of malicious falsehood and he was ordered to pay the compensation to Mr Hoddy.

Potts challenged the ruling but in a hearing in October, Judge Bird upheld the initial decision.

Potts, of Lower Lodge, Belmont, had written a series of ten malicious reviews between October 23 and November 16, 2018, one of which claimed that the food had made him sick along with his wife and children.
Inside the Bispham Kitchen with its distinctive panoramic photograph of Blackpool

Inside the Bispham Kitchen with its distinctive panoramic photograph of Blackpool

However, Mr Hoddy was able to show this was lie, as the Belmont man had no wife or children.

Mr Hoddy, who is the managing director of six restaurants and a takeaway, said the case showed up the serious problems that hospitality businesses have with online reviews which could easily be malicious, false or fake. He added that such reviews can seriously damage a business.

He said: “About three years ago this man decided he was going to troll Bispham Kitchen. He used eight different user names and was saying things like ‘the fish wasn’t haddock it was catfish’, and that it made made himself, his wife and children ill; ‘the chips were fried in burnt oil’.

“He put the first review on and it said ‘owner glares at you weirdly when you are trying to eat your fish and chips, not a nice experience’. I don’t normally reply to reviews but I did to this one and the reply was partially humourous.

“I said I can assure you the owner of Bispham Kitchen is the most charming delightful person you could possibly hope to meet and he would not dream of glaring weirdly at his customers’. But that seemed to provoke him into the spate of reviews over the next couple of weeks.

“The problem was it was in the October half term week 2018 which is our busiest time, serving probably a thousand customers a day.

“It was a whole catalogue of bogus reviews. He later put up reviews of some of my other businesses too. But he’d made the same spelling mistakes throughout the different reviews, so it was obvious it was the same person.

“With four of the user names, he had done about a hundred reviews of other places, so I was able to piece together a picture of who he was. He knew exactly what he was doing. I traced him and I went and confronted him.

“I gave him a letter warning him that unless he apologised for the reviews, I would sue him for malicious falsehood. Unbeknown to him, I did law at university and have two law degrees, although I don’t practice as a barrister.

“I issued proceedings against him in Manchester County Court for malicious falsehood. These are difficult actions to take, they are complicated and expensive. Most people could not bring this kind of case as they are complicated and a law firm would charge a high fee for this sort of action.

“He at first denied he had done the reviews. But when I presented him with incontrovertible evidence, he drip-fed admissions, but still resisted the case. The case came up in Manchester Crown Court on July 19. I won and was awarded £7,455 in damages and costs.

“He did not turn up for the hearing and came up with an excuse that he had failed a lateral flow test. As a result, he then applied to have the judgement set aside and that hearing took place a couple of weeks ago. That was a telephone hearing and the application to set aside was rejected.”

He said Mr Potts could not prove he had taken a lateral flow test and the judge kicked out his appeal.

“This is an important issue. Online trolling is rife and one of the big problems nowadays. It’s becoming a pandemic of its own. It wrecks businesses. I have owned Bispham Kitchen for 44 years now and my business is robust enough to withstand this sort of nonsense.

“But particularly for hotels it is a real problem, because people really do take note of hotel reviews because they are spending larger sums of money. It is the scourge of modern society.

“Another problem is you can’t get anywhere with Tripadvisor to get them to reveal the identity of the reviewers. One of their terms and conditions is that any dispute with Tripadvisor must be decided in the court of Massachusetts, where they are based, so you would have to go to the US.”

Mr Hoddy contacted Tripadvisor to point out the reviews could not be correct and the website later took down the comments.

Mr Hoddy had qualified in law with a first class degree from Cambridge and was offered a place at the Inns of Court to do the bar finals but instead he chose to go into business in Blackpool.

He said most businesses would not be able to put together a successful malicious falsehood case, but he enjoyed using the knowledge and skills he had learned at university and treated the complex procedure as a challenge.

He explained: “I specialised in defamation law but knew nothing about county court procedure. So I did some research. I enjoyed doing it , it was what I had been trained for. But I did not do it for the money, it was for the principle – to send a message to those who think they can damage a business or a personal reputation at will.

“Although I could prove my case, I still had to give the court guidance as to how much damages I expect. At the hearing the judge made me stand up and justify how much money he was expecting to give. Tripadvisor produce bar graphs to show how many search hits a particular business has had in a month.

“I used those to show that in that month there were 2,500 search hits and extrapolating from that that 50 per cent would have read the reviews because they were all lined up there at the top of the listing. I had to estimate how many people they would have put off or brought in. In the end the judge gave me pretty much what I asked for.

“I had to prove that the reviews complained of were both false and malicious. I did this relatively easily. On the review which said he made him, his wife and his children ill, I found out he did not have a wife or children. With the catfish claim, I was able to produce all my fish bills to show the fish we serve was haddock.

“I also did a credit search on his address and name. It came up with five different aliases, all with the same date of birth and one of which was one of the user names which he denied using. So I could prove my case.

A UK spokesman for Tripadvisor, which is based in Needham, Massachusetts, said: “Tripadvisor takes the issue of fraud extremely seriously and we use the best in technology and human moderation practices to fight it.

“Our advice to business owners and consumers alike is simple: if you see a review that arouses suspicion or breaches any of our guidelines, please report it to us. Our team will then investigate, and act accordingly.”

The Blackpool Gazette repeatedly tried to contact Mr Potts, but he did not provide any comment on his actions.