Wrong bag taken from airport - airline staff say it is theft

shere1

My parents flew on holiday several days ago on an airline that used to boast about being the world's favourite airline. By genuine mistake they loaded a trolley case that did not belong to them (they had 2 trolleys and did not realise the othe other had already loaded a similar trolley case). The driver loaded everything into the car and it was not until they got home that they had an extra case.

They phoned the world's favourite airline and explained what had happened. They agreed to pick up the case (which was very generous of the world's favourite airline and they were thanked for this), they were given the details so they could pick up the case. Now they have hinted (more than once) of lodging a theft case against them, even though it was a genuine mistake.

The local manager phoned again this morning and again repeated she could have lodged a police report etc for theft.

I acknowledge a mistake was made and my parents are sorry. If it had been a genuine theft they would never have bothered contacting the airline in trying to return the case.

So folks please double check what you load onto a trolley unless you want threats of police reports being registered against you.

shockingmoment

Tell her to get a grip on reality:

In English law, theft was codified into a statutory offence in the Theft Act 1968 which defines it as:
"A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". (Section 1)

PeteMc

I've been on the other side of this where someone walked off with my case. The good thing was that Heathrow had their case so it rectified itself pretty quickly !

One of the key elements for a theft charge is the intention to permanently deprive, I doubt given your explanation this was the case (pardon the pun) and most cops would tell BA to politely go away. Anyway the victim is not BA it's the person whose case your parents took and if they don't complain then that's the end of that.

Don't let your parents worry and if there is anymore contact with BA ask them what was the intent to permanently deprive and be met with silence/you what?/gibberish.

moonrakerz

shere1 wrote: »

They phoned the world's favourite airline and explained what had happened. They agreed to pick up the case (which was very generous of the world's favourite airline and they were thanked for this), they were given the details so they could pick up the case. Now they have hinted (more than once) of lodging a theft case against them, even though it was a genuine mistake.

The local manager phoned again this morning and again repeated she could have lodged a police report etc for theft.

I would write, recorded delivery, to Mr Willie Walsh the boss of BA, and ask him why his staff are slandering his customers and if BA wishes to pursue this matter would they like to put the accusation in writing !

I'm afraid that this is a typical response from BA's absolutely appalling "customer services" ground staff.

shere1

Thanks for the advice.

Unfortunately things are a bit different in India where the mistake happened. The police over there will latch onto anything if it means they can make a bit of money.

The manager who spoke to my dad is rather arrogant and told him she has done him a favour by not registering the theft report but they still could do it. I spoke with her yesterday and she made similar candid threats to me on the phone.

I have emailed Willie Walsh and will take the matter further when my folks get back.
I know the other passenger has lost out etc but it was a genuine mistake and they have attempted to put it right. They could easily have washed their hands of the incident and not said a word. I guess honesty does not always pay.

I guess intention is the key and the fact they have made a mistake and tried to put it right means the worlds favourite airline and its manager does not have a leg to stand on.

Under Indian law :
[FONT=Verdana, Arial, Helvetica, sans-serif]Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows:-[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif] “Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.”[/FONT]
[FONT=Verdana,Arial,Helvetica,sans-serif][/FONT]

PBA

I really hate petty threads like this on MSE. Your parents took someone else's bag wtithout permission. BA have generously offered to pick it up at no charge, and they've doubtless had to pay compensation to the person whose bag they took which they're not asking your parents to pay back. I'd be feeling pretty lucky, not p'd off because the guy at BA got the name of their crime wrong. They should be happy it's not been taken further, and learn to read the luggage tags when collecting bags in the future.

shere1

PBA wrote: »

I really hate petty threads like this on MSE. Your parents took someone else's bag wtithout permission. BA have generously offered to pick it up at no charge, and they've doubtless had to pay compensation to the person whose bag they took which they're not asking your parents to pay back. I'd be feeling pretty lucky, not p'd off because the guy at BA got the name of their crime wrong. They should be happy it's not been taken further, and learn to read the luggage tags when collecting bags in the future.

Sorry for starting a petty thread. A thread so petty that you had to post a reply.

Yes they took someones bag, realised the mistake and made an attempt to rectify it. They did offer to pay for the courier. They could easily of done nothing yet they try to be honest and someone like you makes a fuss out of it. Oh I have emailed the person whos bag it is and offered to reimburse her for any expenses etc she may have incurred. She has not replied yet but when she does she will be paid.

Have you never made a mistake ?

I'd be feeling pretty lucky, not p'd off because the guy at BA got the name of their crime wrong

Big difference between a crime and a mistake.

Skint_Catt

shere1 wrote: »

Under Indian law :
[FONT=Verdana, Arial, Helvetica, sans-serif]Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows:-[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]“Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.”[/FONT]

There was no intent/Mens Rea so there was no theft, whatever law its in. But yes many police forces such as this one will make a grab at anything to seal a case shut.

shere1

Skint_Catt wrote: »

There was no intent/Mens Rea so there was no theft, whatever law its in. But yes many police forces such as this one will make a grab at anything to seal a case shut.

Thanks. The courier is on his way to collect so hopefully this will be resolved over the coming days. It should also teach my parents a lesson about the need to double check things.

Tojo_Ralph

PBA wrote: »

I'd be feeling pretty lucky, not p'd off because the guy at BA got the name of their crime wrong.

Enlighten me ...... What is the correct name for the crime then?

Tojo_Ralph

...
shere1,

To avoid any confusion, I purchased some of these labels, they cost pennies and they ensure that you can easily identify your own luggage when you collect it from baggage reclaim.

http://www.hazmatpac.com/page50.html