Have I got a case?

[Est_]

I left my purse containing £150 on a petrol pump, it was handed in by a member of the public. I have not received it back yet. We believe the assistant at the petrol station took it. The police have decided not to prosecute due to lack of evidence ( the cctv does not show what happened to my purse after it was handed in). The company have denied any responsibility as it is a franchise but the manager of the franchise would not co-operate with the police and the officer in charge said it could amount to obstructing a police officer. Have I got a claim for the small claims court? I have not recovered my financial loss and no-one wants to take responsibility. Surely, once my property is handed in to a member of their staff they are responsible for what happens to it, particularly if a criminal offence has occured? The man who took my purse into the garage has not been traced and the member of staff who received my purse has been sacked, although they won't tell me why.....

 

[Michael Wechsler]

I'm a little confused -- I'm assuming you mean closed circuit TV shows the money was handed into the station attendant. To begin, I don't know all of English law but I would write a "preservation letter" to ensure that the CCTV tape is preserved for a small claims court type case. I would obtain a police report and at least get names of the officers who witnessed the tape. I think you do have a case but I would probably try to sue both the station and the individual who was on duty who took the purse. Once the purse was handed to someone within the emply of the station, I would argue that the station is responsible if it accepts the purse as a "bailee" and that the station is responsible for the actions of its employees if within the reasonable course of business under a doctrine called "respondeat superior." However, it would be up to you to prove that there was the money in the purse -- otherwise what is to stop someone from claiming there was even more money in the purse? That may come down to an issue of credability. I'm not sure but those are my thoughts.

I left my purse containing £150 on a petrol pump, it was handed in by a member of the public. I have not received it back yet. We believe the assistant at the petrol station took it. The police have decided not to prosecute due to lack of evidence ( the cctv does not show what happened to my purse after it was handed in). The company have denied any responsibility as it is a franchise but the manager of the franchise would not co-operate with the police and the officer in charge said it could amount to obstructing a police officer. Have I got a claim for the small claims court? I have not recovered my financial loss and no-one wants to take responsibility. Surely, once my property is handed in to a member of their staff they are responsible for what happens to it, particularly if a criminal offence has occured? The man who took my purse into the garage has not been traced and the member of staff who received my purse has been sacked, although they won't tell me why.....