Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I recently had a bicycle stolen from the guard's van of a train, during my 5 day a week train/bike commute. Without ranting about the total lack of interest from train or station staff...
The reason by bike got stolen was because firstly the guard's vans are left unlocked, secondly un-guarded, thirdly and obsurdly you cannot lock them to the bike racks (health and safety!!) you can only lock the wheels together. As anyone knows who rides a bike the ONLY way to stop a bike being stolen is to lock it to a solid object, or lock it in a safe room/compartment.
I have complained, but they (First Great Western) have shown no interest at all in my, or any potential future (and probable past) plight of passengers.
So does anyone know what legal liability they may have to safeguard passengers belongings, if any?
If it was briefcases or laptops getting stolen off trains there would be uproar! We are after all talking about equipment worth hundreds if not thousands of pounds these days, you don't often see people riding round on bikes worth £50. I have a new, 'cheap' bike now that 'only' cost £700, but it could easily be gone next week- FGW's advice- don't bring it on the train!
Cycles have to be carried in the guards van on FGW HST's and paid for, which enters you into a contract under the terms of the Conditions of Carriage. According to the Conditions of Carriage, you must prove that the bike is yours to a member of staff before you can retrieve it, so presumably, the Train Manager wasn't carrying out his duties correctly if he/she let somebody else take your bike. That makes FGW liable for the cost of replacement.
From the National Rail Conditions of Carriage.
48. Large items of luggage
If accompanied luggage is not accepted under Condition 47, a Train Company may agree to carry it in a luggage van. You may have to pay a charge for this, but it will not be more than half the adult fare for the journey. If a Train Company is unable to honour a reservation for your luggage then that Train Company will refund your reservation fee. Luggage that is carried in a luggage van will not be released until proof of ownership has been established. Certain items of luggage are not accepted on trains, even in a luggage van. Please see the Accompanied Animals and Articles Conditions.
49. Labelling of luggage
A Train Company may refuse to take charge of your luggage unless it is clearly labelled with your name and destination station.
50. A Train Company's liabilities for luggage A Train Company will only be liable for any loss or damage to, or delay in the delivery of, luggage or its contents which have been brought on to its trains or premises if the loss, damage or delay was caused by the neglect or default of a Train Company or a Rail Service Company or their staff or agents. A Train Company's liability in respect of any item of luggage, will not exceed the value of that item or £1,000, whichever is the lower.
I would suggest, that if you have tried the Customer Service Manager in Plymouth and got no joy, you try Alison Forster, MD of FGW
Milford House
1 Milford Street
Swindon
SN1 1HL
MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.
Lloyds - Settled for an undisclosed sum.
Train operators responsibility to passengers?
from train or station staff...
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