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Charging to Return Lost Property

  • 24-07-2014 8:53pm
    #1
    Registered Users, Registered Users 2 Posts: 446 ✭✭


    My housemate left his laptop in the airport and asked me to go pick it up from the airport police. When I got there they charged me €6 to get it back. Is this legal? Surely if I find a wallet on the street I would legally have to return it to the owner. I couldn't just decide to charge them an "administrative fee" if I felt like it.

    Any thoughts on the legality of it? Its not a huge deal because I will get the money back from my housemate, but seems like a bit of a dirty move to me.

    Thanks

    DM


Comments

  • Registered Users, Registered Users 2 Posts: 7,806 ✭✭✭GerardKeating


    duckmusic wrote: »
    My housemate left his laptop in the airport and asked me to go pick it up from the airport police. When I got there they charged me €6 to get it back. Is this legal? Surely if I find a wallet on the street I would legally have to return it to the owner. I couldn't just decide to charge them an "administrative fee" if I felt like it.

    Any thoughts on the legality of it? Its not a huge deal because I will get the money back from my housemate, but seems like a bit of a dirty move to me.

    Thanks

    DM

    It would not be totally unreasonable to charge an admin or storage fee.

    But the wife lost a Bag in the airport 2/3 years ago, and there was no fee then.


  • Closed Accounts Posts: 2,442 ✭✭✭Sulla Felix


    Dublin Bus charge a couple of euro I think. In fairness, it costs money to run a lost property office for something the size of a bus network or airport. Someone to mind the office, but all the other paperwork and checking that has to be done, especially at the airport.


  • Registered Users, Registered Users 2 Posts: 446 ✭✭duckmusic


    Could one not argue that they did not enter into a contract with the Airport Police, and as such have no legal obligation to pay? I am not trying to be difficult, I am just genuinely curious because, as in my above example I can't see it being acceptable for me to refuse to return the wallet I found on the road until I am paid an "administrative fee". How is this any different? Also, as its not their property could them refusing to give it back not be considered theft?

    Again, just curious. Not an area I know a lot about.


  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    I think you start the discussion off on the wrong basis in your header.

    I don't think it is a charge for returning lost property nor, for that matter, a finder's fee. I expect that if you ask for clarification, you will be told that it is a fee for storage and administration.


  • Registered Users, Registered Users 2 Posts: 255 ✭✭Dangel4x4


    Paying €6 to get a laptop back sounds like a good deal to me.

    I'd happily pay it, and more...


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  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    duckmusic wrote: »
    Could one not argue that they did not enter into a contract with the Airport Police, and as such have no legal obligation to pay? I am not trying to be difficult, I am just genuinely curious because, as in my above example I can't see it being acceptable for me to refuse to return the wallet I found on the road until I am paid an "administrative fee". How is this any different? Also, as its not their property could them refusing to give it back not be considered theft?

    Again, just curious. Not an area I know a lot about.

    Theft requires an element of dishonesty.


  • Registered Users, Registered Users 2 Posts: 8,565 ✭✭✭K.Flyer


    duckmusic wrote: »
    Could one not argue that they did not enter into a contract with the Airport Police, and as such have no legal obligation to pay?
    In the same way that they have no legal obligation to go around picking up valuable items that some people leave lying around for others to find..
    Also, as its not their property could them refusing to give it back not be considered theft?
    They could just as easily consider it as discarded and throw it in the bin.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    If it's at the airport, are they not supposed to be destroying lost property in case it's a bomb? In fact, don't they run announcements to that effect every few minutes?

    As for the question of whether there is a contract or legitimate basis for the charge, there is. From their website: http://www.dublinairport.com/gns/at-the-airport/terminal1/facilities-services/lost-property.aspx "There is a €6 handling charge payable for each lost item returned to its owner. An item may be posted to its owner for an additional cost."

    There's nothing ambiguous about that. Offer = offer to return your property, of which they have lawful possession (this includes ascertaining as best they can that you are the true owner and recording the details of the person who takes the item in case the true owner later comes forward.) Acceptance = agreement and payment of fee. Consideration = €6.

    You could play around with the above elements a bit but I don't see how there could be any legal obligation for them to keep property at their own expense only to have to return it for nothing.

    Plus, from a human perspective, how much would you give someone who returned a valuable item to you off their own bat? I've found a few phones on nights out and always returned them. Unless the person was a student or otherwise unable to pay, they'd usually give a token of their thanks. I'd have thought €6 was relatively cheap.


  • Closed Accounts Posts: 2,442 ✭✭✭Sulla Felix


    K.Flyer wrote: »
    In the same way that they have no legal obligation to go around picking up valuable items that some people leave lying around for others to find..

    They could just as easily consider it as discarded and throw it in the bin.
    Went looking for anything in the statute books. Interestingly the latest document http://www.irishstatutebook.ie/2010/en/si/0175.html says street service vehicle drivers are supposed to deposit the items with the carriage office, no mention of provision for say, a DB lost property office.
    Nothing for the airport or people on the street.
    Then of course on garda.ie it says the carriage office no longer takes lost property and to go to one of 6 different stations. :rolleyes:


  • Registered Users, Registered Users 2 Posts: 446 ✭✭duckmusic


    Thanks for all the replies guys. Very interesting... I am slightly better educated than I was yesterday!


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  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    Went looking for anything in the statute books. Interestingly the latest document http://www.irishstatutebook.ie/2010/en/si/0175.html says street service vehicle drivers are supposed to deposit the items with the carriage office, no mention of provision for say, a DB lost property office.
    Nothing for the airport or people on the street.
    Then of course on garda.ie it says the carriage office no longer takes lost property and to go to one of 6 different stations. :rolleyes:

    That SI is specific to small public service vehicles; that is to say, taxi's, hackneys and limos so it isn't applicable for buses. The designated stations are listed on the SI towards the end of it; they now hold items rather than the anarchic arrangement of only the Carriage Office itseld dealing with same.

    CIE provide their own faciliy in town and have done so for years now; they have a small fee for recovering items.


  • Closed Accounts Posts: 2,442 ✭✭✭Sulla Felix


    That SI is specific to small public service vehicles; that is to say, taxi's, hackneys and limos so it isn't applicable for buses. The designated stations are listed on the SI towards the end of it; they now hold items rather than the anarchic arrangement of only the Carriage Office itseld dealing with same.

    CIE provide their own faciliy in town and have done so for years now; they have a small fee for recovering items.
    Yeah I know what a psv is, I was just surprised there isn't something to cover other organizations.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Isn't there old legislation regarding rewards? The people who found money in Tom Mc Feely's (Priory Hall) old house got a few grand.
    Yeah I know what a psv is, I was just surprised there isn't something to cover other organizations.
    In some cases, it may be covered by bye-laws.


  • Registered Users, Registered Users 2 Posts: 20,653 ✭✭✭✭amdublin


    It seems reasonable to me. I recently left my ipad on the train (so stupid!!!!).

    Now technically irish rail don't have to do anything I'd assume I.e. my ticket money is for transport not for managing my (stupidly) lost property.

    Some of IR were excellent. One or two not so good. And they have no overall joined up system between stations.

    I'd gladly pay €10 if it went towards creating an even more efficient system/process.

    And miracle of miracle I got my ipad back. I'd given up on it and was thinking about when and how I'd be able to buy a new one. I'd gladly have paid a tenner for their service to me.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    To run a large property office takes staff and space neither of which are free.


  • Closed Accounts Posts: 687 ✭✭✭Five Lamps


    I'm quite surprised at this thread.

    Lot's of people leave stuff behind in transit areas. Here the airport are providing a service of collecting, cataloging and stories lost property on behalf of their owners. Sure you can argue that you didn't sign up for it but isn't it one of those services that you'd gladly sign up for in retrospect if there was a chance of recovering your expensive gadget? Is somebody doesn't want to pay then the airport staff should just bin the objects as rubbish.


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