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Lost Property Responsibility
fp04
Posts: 7 Forumite
Hello there!
I'm not exactly sure that this is the right forum section, but here goes...
Last week, my girlfriend was flying abroad through a BAA-run airport. at the security check, she forgot to take her phone out her pocket, and was therefore taken aside for a body search. The phone was given to the security guard, who put it in a box and went down to the collection end of the conveyor belt.
My girlfriend forgot to pick up the phone. She realised an hour later that it was lost and went to lost property. She was told that lost property was collected at the end of the day, and that she should call back from Germany.
She did this, and the phone hadn't been logged in. She then cancelled her phone, to see that someone had been using the phone and accumulated a LARGE (hundreds of pounds) bill. Rubbish.
So, the phone company aren't cancelling the bill (which they have every right not to). What I want to ask you about is the following:
The police have looked through the CCTV and seen that she left her phone at the security gate (where you normally pick up your stuff again). It was picked up by a security guard, and placed in the box (still at the security gate, not lost property),where they normally put stuff left by people who have been security checked. This box is then normally taken to lost property at the end of the day, and all items logged. The phone was not logged, and in fact the CCTV shows perhaps anomalous activity around the box later on.
So first, thanks for getting this far through this post! Secondly. At what point does an institution (in this case, BAA) become responsible for lost property? CCTV clearly shows that the object is held by their staff, in a system which they run to collect lost property. Even if it was not officially logged, evidence shows that they are in possession of our phone.
However, to what extent can we use this to claim the money off BAA? The police are investigating the guy who took the phone. But in any case, if the police fail, should BAA be liable?
We'd really appreicate any advice which you have for us!
I'm not exactly sure that this is the right forum section, but here goes...
Last week, my girlfriend was flying abroad through a BAA-run airport. at the security check, she forgot to take her phone out her pocket, and was therefore taken aside for a body search. The phone was given to the security guard, who put it in a box and went down to the collection end of the conveyor belt.
My girlfriend forgot to pick up the phone. She realised an hour later that it was lost and went to lost property. She was told that lost property was collected at the end of the day, and that she should call back from Germany.
She did this, and the phone hadn't been logged in. She then cancelled her phone, to see that someone had been using the phone and accumulated a LARGE (hundreds of pounds) bill. Rubbish.
So, the phone company aren't cancelling the bill (which they have every right not to). What I want to ask you about is the following:
The police have looked through the CCTV and seen that she left her phone at the security gate (where you normally pick up your stuff again). It was picked up by a security guard, and placed in the box (still at the security gate, not lost property),where they normally put stuff left by people who have been security checked. This box is then normally taken to lost property at the end of the day, and all items logged. The phone was not logged, and in fact the CCTV shows perhaps anomalous activity around the box later on.
So first, thanks for getting this far through this post! Secondly. At what point does an institution (in this case, BAA) become responsible for lost property? CCTV clearly shows that the object is held by their staff, in a system which they run to collect lost property. Even if it was not officially logged, evidence shows that they are in possession of our phone.
However, to what extent can we use this to claim the money off BAA? The police are investigating the guy who took the phone. But in any case, if the police fail, should BAA be liable?
We'd really appreicate any advice which you have for us!
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Comments
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My girlfriend forgot to pick up the phone.
But you have just admitted her liability. SHE forgot to pick the phone up.
You want BAA to cover the cost of a lost phone, when it wasnt their fault?
They'll probably state somewhere in a notice that they do not accept responsibility for loss/damage anyway.0 -
Thanks for the response!
You're 100% right, she did forget the phone. But evidence shows that it is the failing of BAA processes which caused the phone to fall into untrustworthy hands and be abused. There is CCTV evidence to this effect.
I'm not saying BAA have full responsibility. My girlfriend misplaced the phone. But then BAA took it into their possession, and then did they not only lose it, they allowed the phone to be given to someone who spent several hundreds calling an Asian country.0 -
Thanks for the response!
You're 100% right, she did forget the phone. But evidence shows that it is the failing of BAA processes which caused the phone to fall into untrustworthy hands and be abused. There is CCTV evidence to this effect.
I'm not saying BAA have full responsibility. My girlfriend misplaced the phone. But then BAA took it into their possession, and then did they not only lose it, they allowed the phone to be given to someone who spent over £800 calling Pakistan.
The only legal route i suppose you could take against BAA would be under the Bailment Law, but this would undoubtedly fail as there has to be intent from BAA to possess the item, which as it was left by girlfriend, they did not intend to have the item.
Your only recourse would be against the actual thief.0 -
I agree with Olliesdad.
At no point was the phone offered and the airport given the chance to "accept" it. If this had happened then unless signed otherwise, you could probably claim that they had a duty of care to look after the phone.
But they werent given a choice about the phone being left with them, it just simply was (all of the above is only from common sense by, not an in depth knowledge of the law but i suspect if we're wrong, someone will be along shortly to point it out
).
You should however, ask the network to put the bill into dispute (theoretically depending on their practices this should set the amount to one side - although it will still appear on your account, you shouldnt have to pay it until their investigations are complete) and give them the case/crime reference number so that the police may pass the details (including footage if necessary) to prove your girlfriend didnt actually make the calls.
You may find that they have a term in your contract stating that you are liable for all charges up until you report the phone as stolen/lost though. But its always worth a shot You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Jesus, is it silly hour on here at the moment?0
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But you have just admitted her liability. SHE forgot to pick the phone up.
.
What a stupid answer. OP wants compensation because some thugish brute touched up his GF!Hello there!
at the security check, she forgot to take her phone out her pocket, and was therefore taken aside for a body search.
Just wait, it will be on YouTube soon!!
Bu99er, thought they would have the ****The police have looked through the CCTV and seen that she left her phone at the security gate
One would guess if they are negilgent!So first, thanks for getting this far through this post! Secondly. At what point does an institution (in this case, BAA) become responsible for lost property? CCTV clearly shows that the object is held by their staff, in a system which they run to collect lost property. Even if it was not officially logged, evidence shows that they are in possession of our phone.
One could summise that another traveller walked off with said item!0 -
Freddie_Snowbits wrote: »Note Freddie is an EXPERT
Hate to break it to ya, you're an idiot.0 -
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I actually disagree with the views so far. Lost or not you can show the phone was in their securities posession and in my view at that point they have a duty of care to reasonably protect it and return it to its rightful owner.
Lost property is fairly common in an airport and they should have processes in place.0 -
I actually disagree with the views so far. Lost or not you can show the phone was in their securities posession and in my view at that point they have a duty of care to reasonably protect it and return it to its rightful owner.
Lost property is fairly common in an airport and they should have processes in place.
As i said in my response, this would come under Bailment Law, but as there was no intent to posess the item, they are not legally liable.0
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