Finder's fee/ransom

Morsing_2

Either way, this particular case is covered by a bye-law, and the need for this indicates to me that in other cases and locations, you are not allowed to charge a fee.

Thanks for your help, I will go before this turns into too much of an argument over whether I am less than a perfect human being for losing a bag.

Morsing_2

DullGreyGuy said:

Now you are contradicting yourself as you originally said it was taken to the locations lost and found which is in Heathrow airport and are now saying it wasnt at the airport?

I'm not contradicting myself. I said the company was located at Heathrow Airport, not that I lost it there. Someone, not related to SmartCarte, and only peripherally related to the airport, picked it up and drove it there.

Morsing_2

pinkshoes said:

I'm curious as to how they obtain the "lost" property in the first place?

Do they go round collecting up all bags that look like they might be unattended? Or do people hand things in? At an airport most people would be too busy to go and hand in a lost bag, so the former seems more likely.

In which case this potentially become quite a profitable business collecting up bags. Very frustrating for someone who has just put their bag down, realised a moment later they'd forgotten it, then found it had been taken! 

And I thought the police took all unattended bags at airports?!?!

This was someone working in a vaguely related role outside the airport that had the only job of driving around picking up lost items. And yes, I had the same thought about this being a business for them.

TELLIT01

Morsing_2 said:

TELLIT01 said:

The only way the OP can prove they are right is to pay up to get their item back and then take the company to court.  The OP seems to be ignoring the fact that they lost the bag in the first place and are actually very fortunate to be getting it back at all.  Somebody didn't just say to the OP, you've left your bag behind.  As others have said, keeping it safe for them, with the costs involved, needs to be recovered.

But that's still totally irrelevant to my question. And why don't they just charge £1 000, if that's the case? Are they just trying to be nice?

You're just having a rant for no reason.

I don't think I'm the one ranting here.  I was simply expressing my viewpoint.  They charge £25 as they see that as the cost to them of having your property in their safekeeping.

DullGreyGuy

Morsing_2 said:

Either way, this particular case is covered by a bye-law, and the need for this indicates to me that in other cases and locations, you are not allowed to charge a fee.

It doesn't indicate that, just creates greater certainty. 

If someone owes you money and you have to go to court to get it back you have the right to add the cost of court and statutory interest to the bill. Despite that fact you'll find many contracts you sign will say you will be responsible for costs. It's not strictly necessary but it creates another basis for it being owed.  

As has already been pointed out, common law gives the basis of a reasonable charge but if you can have both common law and byelaw why wouldn't you?

Aylesbury_Duck

Morsing_2 said:

DullGreyGuy said:

Now you are contradicting yourself as you originally said it was taken to the locations lost and found which is in Heathrow airport and are now saying it wasnt at the airport?

I'm not contradicting myself. I said the company was located at Heathrow Airport, not that I lost it there. Someone, not related to SmartCarte, and only peripherally related to the airport, picked it up and drove it there.

Perhaps if you'd been a little clearer in your opening post you might have received more helpful advice.  Being vague and then only drip-feeding information to refute a point someone else has made is just daft.

"I lost a bag recently, which ended up at the location's Lost & Found office..." is almost certainly going to be interpreted as people have done, i.e. that "the location" is quite different to "a location" which is how you've subsequently described it.  A bag left at the airport and ending up at the airport's lost property office is quite different to a bag left beyond the airport and driven there.

Perhaps your complaint is with the kind person who helped you out by finding your mislaid bag and taking it somewhere they would be able to have it reunited with you.  Perhaps you'd rather they took it to their local police station 100 miles away where you may have collected it for nothing?

saajan_12

Morsing_2 said:

Either way, this particular case is covered by a bye-law, and the need for this indicates to me that in other cases and locations, you are not allowed to charge a fee.

Well no, it doesn't work like that.. more like there was a need to design the framework for major ports that need heightened security independently to changes in broader legislation. 
There's plenty of laws that apply in other public or private land, which have a parallel in airports. The legal mechanism may or may not be the same, but you can still have the same end result in most cases. Just look at the parking tickets forum for example. 

Morsing_2 said:

TELLIT01 said:

The only way the OP can prove they are right is to pay up to get their item back and then take the company to court.  The OP seems to be ignoring the fact that they lost the bag in the first place and are actually very fortunate to be getting it back at all.  Somebody didn't just say to the OP, you've left your bag behind.  As others have said, keeping it safe for them, with the costs involved, needs to be recovered.

But that's still totally irrelevant to my question. And why don't they just charge £1 000, if that's the case? Are they just trying to be nice?

Because they don't want to be taken to court and have to return £975 of it. The costs do have to be reasonable. 

Undervalued

Morsing_2 said:

Good morning,

The company is SmartCarte at Heathrow Airport.

- "In this case they're asking you to pay for a service you made use of (unintentionally)."

I am not arguing that this is not what they are doing, however, it is still my property. Furthermore, as I did not request their service, I did not enter a contract, so fail to see how they can charge me for a service. 

I'm still asking if the law supports refusing to hand people their own property. If so, does anyone have any links showing this?

I'm wondering if I can walk around in public and if anyone drops something, swoop in there and demand a fee for handing it back? Can't really see that there is any difference.

- "And have you asked what the fee is for?"

No, I assume it is to pay their staff.

- "What wording did they use to ask for payment of £25.00?"

"You only pay a service fee if you want to reclaim your item. Charges range from nothing to £25 for each item."

I had a look through the legislation regarding found items and I found absolutely nothing saying you could demand a fee or in anyway refuse to hand it back.

The general principle of English law (unlike some countries) is that everything is allowed unless there is a law preventing it.

So you won't, in most cases, find a law that says something is allowed.

born_again

Morsing_2 said:

That is very interesting, thank-you. However, the item was not lost at the airport, but I can now see why they conveniently transport it there.

So where was the item lost?

Guessing that it was on some sort of transport that goes to & fro from the airport?

Hoenir

Morsing_2 said:

 as I did not request their service, 

Would you prefer that they simply disposed of handed in items? If you don't pay the fee then you are in exactly the same position as someone hadn't.