Lost property - whose property?

Indraneelan

I’m no quite sure where to ask this but perhaps someone here can tell me if I have a legitimate complaint. It’s about the lost property facilities with a rail company - specifically First Capital Connect. I recently left two bags on the train, and they were found and returned to the ThamesLink office. One of the bags contained some important documents (passport/drivers licence) which I told them about in the report.

They notified me that one of the bags had been found (the one with the important documents), and that there would be a £10 administration fee to pay when I went to collect it. When I went to collect it I asked for them to check for the otherbag, which duly turned up, and I was charged £3. When I asked why one bag was so much more I was informed that it was because it contained important documents which I’d have had to pay to get renewed anyway so… They pointed out a notice that confirmed this saying bags are £3 admin, valuables or bags with valuables are £10 - and furthermore that any cash found is subject to an admin charge of… 10 percent. Now clearly this is not an admin charge. I didn’t have any cash in the bags but if I had and I’d reported it would I have been forced to pay another few notes to get the same bag back? If I hadn’t told them about the valuables would they have gone through my stuff and found valuables and cash and added up how much they would charge me to get it back?

Basically, they’re selling my things back to me. If I’d have gone away and brought a policeman to the lost property instead of paying the charges would they have been legally allowed to refuse to hand over my passport to me?

I want to complain, I want to get some of my money back (on principle), but I don’t know how to do it, any help?

Guardsman

I was searching for their T&C not found it yet but this link has other peoples experiences in dealing with rail lost property departments

http://www.guardian.co.uk/money/blog/2009/aug/24/train-station-lost-property

Slowhand

Indraneelan wrote: »

I’m no quite sure where to ask this but perhaps someone here can tell me if I have a legitimate complaint. It’s about the lost property facilities with a rail company - specifically First Capital Connect. I recently left two bags on the train, and they were found and returned to the ThamesLink office. One of the bags contained some important documents (passport/drivers licence) which I told them about in the report.

They notified me that one of the bags had been found (the one with the important documents), and that there would be a £10 administration fee to pay when I went to collect it. When I went to collect it I asked for them to check for the otherbag, which duly turned up, and I was charged £3. When I asked why one bag was so much more I was informed that it was because it contained important documents which I’d have had to pay to get renewed anyway so… They pointed out a notice that confirmed this saying bags are £3 admin, valuables or bags with valuables are £10 - and furthermore that any cash found is subject to an admin charge of… 10 percent. Now clearly this is not an admin charge. I didn’t have any cash in the bags but if I had and I’d reported it would I have been forced to pay another few notes to get the same bag back? If I hadn’t told them about the valuables would they have gone through my stuff and found valuables and cash and added up how much they would charge me to get it back?

Basically, they’re selling my things back to me. If I’d have gone away and brought a policeman to the lost property instead of paying the charges would they have been legally allowed to refuse to hand over my passport to me?

I want to complain, I want to get some of my money back (on principle), but I don’t know how to do it, any help?

What makes you think that the police would become involved. Frankly I think it's a cheap service.

shaun_from_Africa

I can see why they might have to charge more for bags containing valuables or cash as the storage for these may be more secure than "ordinary" stuff and they may make more checks when someone turns up to collect the items.

However, the 10% "admin" fee for lost cash does appear to be a penalty and IMO would probably be declared unlawful if challenged in court.

What makes you think that the police would become involved

The police should have already been involved as anyone finding a passport in the UK should inform them.
As a UK passport is also the property of the UK government, I would have thought that it would be illegal for a third party to retain it until a fee had been paid for its return.

Frankly I think it's a cheap service.

Not so cheap if you lose a bag containing a few hundred pounds and you get charged an "admin" fee of 10% before it's returned.

ThumbRemote

Slowhand wrote: »

What makes you think that the police would become involved. Frankly I think it's a cheap service.

The price isn't relevant. The legality is (albeit I assume it's a civil case not criminal)

The train company have a duty of care of the OPs belongings, and can only charge their actual costs, not an arbitrary amount.

Exactly the same as if a company accidentally sends you two items when you'd ordered one.

Country_Cousin

I think if it was me I just would be mighty relieved I had got it all back and kick myself for leaving TWO bags on a train, especially one filled with "valuable" items.
For the sake of £13 and wanting some of the money back - not sure it would be worth more than one email or letter.

Slowhand

ThumbRemote wrote: »

The price isn't relevant. The legality is (albeit I assume it's a civil case not criminal)

The train company have a duty of care of the OPs belongings, and can only charge their actual costs, not an arbitrary amount.

Exactly the same as if a company accidentally sends you two items when you'd ordered one.

Really? How is this exactly the same?

ThumbRemote

I presume you read the previous sentence?

"The train company have a duty of care of the OPs belongings, and can only charge their actual costs, not an arbitrary amount."

Indraneelan

Slowhand wrote: »

What makes you think that the police would become involved. Frankly I think it's a cheap service.

The thing that made me think that the police might become involved is that another party has my property and is refusing to hand it back. Add to that the fact that the property in question is a passport. It's not unreasonable to think you might be legally entitled get your property from someone who's standing in front of you refusing to hand it over.

CountryCousin - If I needed someone to tell me that leaving two bags on a train, one of which contained important items, was stupid and I was lucky to get them back then I'd just ask my parents. Or myself. Your view that it's not really worth my time to chase it up is valid - but I'd quite like to anyway.

ThumbRemote and shaun - Do you have any ideas where I should go next?

Guardsman

Nothing stopping you complaining but expecting money back on principal is not a good enough reason.
I was not even aware that you had to pay for lost property The one and only time I was silly enough to leave my wallet on a train it was returned to me free of charge.
They even gave me the telephone number of the person who had handed my wallet in so I could personally thank them.

TonyMMM

Nothing to do with Police.

They are entitled to charge an admin fee to cover the costs of dealing with lost property - You can complain to them about the amount if you wish.