National Express Lost Luggage Case

[Deleted User]

Oakdene wrote: »

Then I guess your issue is with the person who has your girlfriends case & hasnt written to you/her to sort....

Of course that's the issue. However, even if it was taken by mistake initially, now a few weeks have passed it seems that the lost luggage has been stolen.

jfmonkfish

Moneyineptitude wrote: »

Have you reported the theft to the police? What you are suggesting National Express should do is the responsibility of the Police.
CCTV footage would have to show categorically a theft in progress, it's very unlikely it will do. More likely simply a crowd of people milling around the bus waiting to collect their luggage.

Are you expecting all passengers to be rounded up and interviewed? That's not going to happen, nor should it. We don't yet live in a police state thankfully.

Thanks for taking the time to reply, the problem is that until recently it was unclear if this was 'theft' (technically it is still in the air because of the other unclaimed case)

The circumstances are unique because the case was taken from the hold where only a certain amount of people had access to. I had no option but to relinquish my luggage to national express in the hold, so it was their responsibility, it's a massive security flaw obviously on their part

[Deleted User]

jfmonkfish wrote: »

I had no option but to relinquish my luggage to national express in the hold, so it was their responsibility, it's a massive security flaw obviously on their part

It's a "flaw" which won't be changing any time soon. Drivers don't routinely check the identity of each person taking luggage. Many bags have no means of identification anyhow. Luggage carousels at airports are just as open to abuse by thieves.

Next time, pack as few valuables as possible into bags which go into the hold and get to the hold as quickly as possible upon alighting.

lincroft1710

It seems strange that someone has taken the wrong case but hasn't realised their mistake.

[Deleted User]

lincroft1710 wrote: »

It seems strange that someone has taken the wrong case but hasn't realised their mistake.

I think it more likely that they have very well realised their "mistake", especially now a few weeks have passed.

It's just a run-of-the-mill insurance claim now. The fact that irreplaceable articles were placed into the hold is not the fault (or the responsibility) of the carrier. The terms and conditions of carriage are printed on the back of every ticket for precisely this reason.

naedanger

jfmonkfish wrote: »

Thanks for taking the time to reply, the problem is that until recently it was unclear if this was 'theft' (technically it is still in the air because of the other unclaimed case)

The circumstances are unique because the case was taken from the hold where only a certain amount of people had access to. I had no option but to relinquish my luggage to national express in the hold, so it was their responsibility, it's a massive security flaw obviously on their part

[I have written this response as though your, rather than your girlfriend's, luggage was taken.]

I think, but am not certain, for National Express to be legally liable for the loss of your bag you will need to show they were negligent in taking reasonable care of your luggage.

Therefore I suggest you write to them explaining why you believe they were negligent in taking reasonable care of your luggage.

For example you could argue that as a minimum they should have been using the type of tags you get in cloakrooms to prevent customers taking the wrong coats (either accidentally or deliberately). You could also argue that cctv is ineffective as it is not practical to follow up with all passengers after the event therefore they need better preventive measures and they were negligent in not having such measures in place. I would also be emphasising that you could not monitor you luggage yourself (unlike for example on arrival from an air flight) because other customers collected luggage from the store during your journey while you were stuck on the coach.

However if they continue to deny liability I think you would need to take them to court, which has a cost involved which you would only recover if you win.

[Deleted User]

naedanger wrote: »

you could argue that as a minimum they should have been using the type of tags you get in cloakrooms to prevent customers taking the wrong coats

Any such "improvements" would obviously lead to an increase in ticket prices. National Express (along with other carriers) have been simply stowing luggage without an ID requirement since the early days of passenger carriage.

naedanger wrote: »

You could also argue that cctv is ineffective as it is not practical to follow up with all passengers after the event therefore they need better preventive measures and they were negligent in not having such measures in place.

Again, such measures would only add to costs. CCTV is not used primarily to deter theft.

naedanger wrote: »

I would also be emphasising that you could not monitor you luggage yourself (unlike for example on arrival from an air flight) because other customers collected luggage from the store during your journey while you were stuck on the coach.

This is ALWAYS going to be a potential problem, unless the driver only opens the hold when all passengers have alighted.

naedanger wrote: »

However if they continue to deny liability I think you would need to take them to court, which has a cost involved which you would only recover if you win.

National Express will certainly deny liability and I doubt the OP would win any subsequent court case.

lincroft1710

Moneyineptitude wrote: »

I think it more likely that they have very well realised their "mistake", especially now a few weeks have passed.

If that is the situation, then OP's gf must have had something very valuable in the case, that someone else would give up their own case contents for it.

[Deleted User]

lincroft1710 wrote: »

If that is the situation, then OP's gf must have had something very valuable in the case, that someone else would give up their own case contents for it.

That's certainly one assumption that could be made. Alternatively, the bag itself might be expensive or the clothes of more value. It's also possible the person who has taken the bag hasn't unpacked it yet.

What is certain is that the longer the bag is missing the less likelihood of it being returned to it's rightful owner.

naedanger

Moneyineptitude wrote: »

Any such "improvements" would obviously lead to an increase in ticket prices. National Express (along with other carriers) have been simply stowing luggage without an ID requirement since the early days of passenger carriage.
Again, such measures would only add to costs. CCTV is not used primarily to deter theft.
This is ALWAYS going to be a potential problem, unless the driver only opens the hold when all passengers have alighted.


National Express will certainly deny liability and I doubt the OP would win any subsequent court case.

I am not denying that thefts/losses will always occur. And if they occur despite the company taking reasonable care then I believe the liability falls on the passenger or the passenger's insurer.

However if the losses or thefts occur because the company did not take reasonable care then I believe the company should compensate the passenger.