Leap card taken.

"Stole" is a bit strong isn't it.

How can the person doing their job catching fare evaders steal something from you that is not yours, but belongs to the company he is an agent of.

"1.3 The TFI Leap Card is and remains the property of the Authority. 1.4 The Authority reserves the right to prevent the use of, or to withdraw the TFI Leap Card in accordance with section 16 below if it is improperly used or if it is used in a way that is not permitted by the Authority."

I think the word stole is being attributed to the wrong person here.

IngridM20 wrote: »

Jobsworth on the DART stole my Leap card. I get many trains per week, and I assumed to be on the limit. Fair enough if it didn’t scan, my bad. I have my details for the fine but he was extremely aggressive and wouldn’t give back my card, which I needed for the route home and had a good amount on it. What is my position? I’m annoyed. He was defensive when I told him his behaviour was unlawful and I took a photo of him, and he was again defensive… which makes me think I’m right. Input appreciated.

As you have registered your leap card then you can request a refund and get a new card so no loss to you.

Your post is garbled when you refer to a 'jobsworth' that 'Stole' your card. The only element that makes sense is that you appear to admit to an attempt to defraud Irish Rail by not tapping your leap card.

Amusing you told this 'jobsworth' his behaviour was unlawful and totally ignore your own unlawful behaviour...

Pay the fine move on.....

Appeal the fine, show you always pay if you do and say you tapped it but it mustn't have worked, ask for CCTV at the station.

Gdpr request.

Just to balance things out, I’m totally on your side Op*.










* not on op’s side.

Marcusm wrote: »

It’s hard to see how confiscation of a valid Leap card is required in respect of a “fare dodging” incident (which this may not be if the OP’s bona fides) are accepted. The appropriate sanction is the issue of a penalty.

Bona fides doesn't count with a strict liability offence.

IngridM20 wrote: »

Jobsworth on the DART stole my Leap card. I get many trains per week, and I assumed to be on the limit. Fair enough if it didn’t scan, my bad. I have my details for the fine but he was extremely aggressive and wouldn’t give back my card, which I needed for the route home and had a good amount on it. What is my position? I’m annoyed. He was defensive when I told him his behaviour was unlawful and I took a photo of him, and he was again defensive… which makes me think I’m right. Input appreciated.

I've a simple response to this, Grow Up!

You commence your rant with the discription of "Jobsworth", continue with admitting you breach the rules re scanning, adding you were annoyed but then finish by stating you took a photograph of said person, doing their Job, whilst asserting you are in the right????? just extraordinary you remained calm enough to post this sorry tale looking for advice.

Pathetic and you are wrong in every respect.

kbell wrote: »

I’d have taken the phone off you as well…

In which case IngridM20 would have been well advised to arrest you pending the arrival of the Gardai. Theft is an arrestable offence and you have no right to commit theft to avoid having a photo taken irrespective of how irritating the action was.

You got caught not paying for a service. Is that not theft?
Yet you get upset over this and say they stole your leap card. I can see where the apparent theft is, and it is not of a leap card.

A lot of hypocrites in here. In their opinion, a potentially honest mistake as not tapping on (could be proven by her journey History) warrants the illegal confiscation of a leap card. As for the poster who said he'd take the phone as well......

Marcusm wrote: »

This is Legal Discussion not Moralistic Discussion. I fail to see that the security guard acted within his authority in retaining the card. It is not theft as IngridM20 did not own it but she was discommoded. Her attitude may be irritating but the fine remains the appropriate punishment.

The fare is €100 unless a person has paid a fare in advance. If a person is on the tram without paying a fare then the owe €100. The card has also been misused. Unless there was more than €100 on the card then no argument can be made about confiscating the card.

athlone573 wrote: »

This is getting ridiculous and like the trains and buses forum where people will quote the letter of the law allowing ticket checkers to confiscate your travel pass because CIE own it.

this is the legal discussion forum. the letter of the law is pretty important. Especially when you have posters claiming things are illegal when they are not.

LillySV wrote: »

If someone took my photo without my permission I’d be doing more than taking their card …

anyone can take your photo if you are in a public place. Like it or not!

LillySV wrote: »

Without my permission ? So if I walk up to a woman wearing a short skirt tomoro on a public street and take pic and she says she doesn’t consent to the pic , do I say to her tough luck, she’s on a public street?

I would be fairly sure of that, but as things change, I will leave your question for someone with better information, to answer.

LillySV wrote: »

Without my permission ? So if I walk up to a woman wearing a short skirt tomoro on a public street and take pic and she says she doesn’t consent to the pic , do I say to her tough luck, she’s on a public street?

Yes