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    • neilarnot
    • By neilarnot 4th Dec 17, 7:45 PM
    • 3Posts
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    neilarnot
    Delivery Company Damage
    • #1
    • 4th Dec 17, 7:45 PM
    Delivery Company Damage 4th Dec 17 at 7:45 PM
    Unsure if anyone can help, after some advice if possible.
    I had a postal delivery whilst away on holiday parcel found in my back garden and damage to my fence and side panel. I have no CCTV so no photographic evidence but have disputed the delivery drivers statement as there are mistruths in it. After 10 weeks of being pushed from pillar to post by said delivery company getting nowhere with them and being told lies. I have today been offered gesture of goodwill of £50 for the "inconvenience" caused to me. I have paid out over £300 on a new fence and side panel. Am I fighting a losing battle here or are there any rights I have. The said company's website is very poor and has no guidance.
    Any help is appreciated.
Page 1
    • Lomast
    • By Lomast 4th Dec 17, 7:51 PM
    • 357 Posts
    • 262 Thanks
    Lomast
    • #2
    • 4th Dec 17, 7:51 PM
    • #2
    • 4th Dec 17, 7:51 PM
    You have no proof the delivery driver did the damage it could just of been wind damage and the driver just took advantage of being able to access the garden too leave the parcel.
    I would accept the goodwill as I can't see this going anywhere with no evidence

    • marliepanda
    • By marliepanda 4th Dec 17, 7:51 PM
    • 4,880 Posts
    • 9,837 Thanks
    marliepanda
    • #3
    • 4th Dec 17, 7:51 PM
    • #3
    • 4th Dec 17, 7:51 PM
    With no evidence of the company causing damage you’re unlikely to get anywhere
    Survey Earnings 2017 - £163
    • societys child
    • By societys child 4th Dec 17, 8:09 PM
    • 4,893 Posts
    • 5,333 Thanks
    societys child
    • #4
    • 4th Dec 17, 8:09 PM
    • #4
    • 4th Dec 17, 8:09 PM
    Unsure if anyone can help, after some advice if possible.
    I had a postal delivery whilst away on holiday parcel found in my back garden and damage to my fence and side panel. I have no CCTV so no photographic evidence but have disputed the delivery drivers statement as there are mistruths in it. After 10 weeks of being pushed from pillar to post by said delivery company getting nowhere with them and being told lies. I have today been offered gesture of goodwill of £50 for the "inconvenience" caused to me. I have paid out over £300 on a new fence and side panel. Am I fighting a losing battle here or are there any rights I have. The said company's website is very poor and has no guidance.
    Any help is appreciated.
    Originally posted by neilarnot
    Wow, it's unbelievable that a delivery driver could cause £300 worth of damage making a postal delivery. What on earth was he delivering?
    Is it something you ordered just before going on holiday?

    • neilarnot
    • By neilarnot 4th Dec 17, 8:46 PM
    • 3 Posts
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    neilarnot
    • #5
    • 4th Dec 17, 8:46 PM
    • #5
    • 4th Dec 17, 8:46 PM
    yep- in order to deliver the parcel it seems he pulled on the top of the fence which in turn snapped the post between the panel and gate and then pulled the top of the side panel off- new side panel gate and post= £300.
    Was after any info about further rights if anybody knows more?
    • George Michael
    • By George Michael 4th Dec 17, 8:53 PM
    • 2,896 Posts
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    George Michael
    • #6
    • 4th Dec 17, 8:53 PM
    • #6
    • 4th Dec 17, 8:53 PM
    Without any verifiable proof that the damage was caused by the delivery people, there isn't anything else that you can do as it's only your opinion that they were responsible.
    • marliepanda
    • By marliepanda 4th Dec 17, 10:47 PM
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    marliepanda
    • #7
    • 4th Dec 17, 10:47 PM
    • #7
    • 4th Dec 17, 10:47 PM
    yep- in order to deliver the parcel it seems he pulled on the top of the fence which in turn snapped the post between the panel and gate and then pulled the top of the side panel off- new side panel gate and post= £300.
    Was after any info about further rights if anybody knows more?
    Originally posted by neilarnot
    Your rights are to get your £300 paid by the delivery company.

    Minus the compensation to the delivery driver, who only grabbed and broke your fence due to the bear trap you carelessly left in front of the fence which trapped his leg and caused him to pull the fence in a desperate attempt to escape. As he’s such a dedicated postie he still left your parcel in your garden before limping off to hospital. He values his poorly leg at about £300.
    Survey Earnings 2017 - £163
    • Fosterdog
    • By Fosterdog 5th Dec 17, 6:55 AM
    • 3,442 Posts
    • 5,879 Thanks
    Fosterdog
    • #8
    • 5th Dec 17, 6:55 AM
    • #8
    • 5th Dec 17, 6:55 AM
    yep- in order to deliver the parcel it seems he pulled on the top of the fence which in turn snapped the post between the panel and gate and then pulled the top of the side panel off- new side panel gate and post= £300.
    Was after any info about further rights if anybody knows more?
    Originally posted by neilarnot
    How can you be certain that it wasn’t left with a neighbour and that neighbour has then decided to leave it in your garden for you? They’d hardly admit to causing the damage so would let you blame the courier.

    Or the courier has left it there without causing damage and a neighbour or passer by saw and has tried to steal the parcel and they damaged the fence trying to get in.

    Or both events are unrelated, somebody attempted to break in to your house/garden while you were away, they made too much noise with the fence so ran away without getting in. Courier then sees a low/damaged bit of fence and uses it as a way of leaving the parcel.

    While the parcel should never have been left where it was, you have absolutely no way whatsoever of knowing that it was the courier who caused the damage, especially if they have a different version of events that you are claiming are mistruths but have no way of being certain. You can just imagine the couriers version of events

    “I arrived to deliver the parcel and because nobody was home decided to enter the garden through an already damaged fence and leave it there for them. The homeowner is now giving a statement full of mistruths and blaming me for the damage that existed before my arrival.”
    • robatwork
    • By robatwork 5th Dec 17, 10:40 AM
    • 4,009 Posts
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    robatwork
    • #9
    • 5th Dec 17, 10:40 AM
    • #9
    • 5th Dec 17, 10:40 AM
    I don't necessarily agree with everyone else.....

    IF it went to court.
    AND you had pictures of the garden fence just before you went away
    AND you had pictures of the parcel in the garden
    AND you had an admission from the couriers they dumped the parcel in the garden
    you MAY convince a court that on balance of probabilities, the courier caused it.

    The sane course of action is to take the gesture and move on, however
    • ThumbRemote
    • By ThumbRemote 5th Dec 17, 12:17 PM
    • 3,811 Posts
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    ThumbRemote
    Have you got anything in writing from the delivery company admitting they caused the damage? It sounds like you have a statement from them - what does it say?

    Its possible, albeit unlikely, that they have admitted the damage in their correspondence. If so you could take them to small claims court for the money.

    Otherwise in the absence of proof it's probably not worth the risk.
    • eddddy
    • By eddddy 5th Dec 17, 3:44 PM
    • 5,546 Posts
    • 5,229 Thanks
    eddddy
    Was after any info about further rights if anybody knows more?
    Originally posted by neilarnot
    The legal situation is roughly as follows:

    If the delivery guy was negligent - you can claim damages resulting from the negligence.

    To be 'negligent' he must have done something that a reasonable person would not do in the same circumstances.

    (e.g. Would a reasonable person have pulled your fence and would a reasonable person have expected your fence to snap if it was pulled etc?)


    But then there is the question of proof. You say the delivery guy did something negligent, but the delivery guy will probably just say he didn't do anything that was negligent.

    If it went as far as court, it would be decided on the "balance of probabilities". i.e. Is it more likely that he was negligent or that he was not negligent.
    • neilarnot
    • By neilarnot 5th Dec 17, 5:13 PM
    • 3 Posts
    • 0 Thanks
    neilarnot
    Thanks
    I had this today as I rejected the £50. Sounds like they know they did wrong but just don't want to admit it.,they are very condescending.

    I appreciate that because you had a delivery from XXXX you believe that they are responsible. However, XXX was not the only delivery person to attend your property whilst you were absent and there is no evidence supporting your claim save for the fact a parcel was delivered.

    We do not believe that the courier in question could have caused the damage. We accept that this courier should not have delivered your parcel by dropping it over the fence and disciplinary action will be taken to ensure that in the future the parcel is returned to the depot. I believe the driver was simply looking for a safe place, used the wall to see over and then dropped the parcel. For that you have my apologies, but the fact alone that XXX delivered a parcel is not proof that we caused the damage alleged.

    The £50 goodwill gesture was offered to apologise for the way in which you have been dealt with prior to the alleged damage and I would urge you to reconsider.

    Once again, my apologies for your inconvenience
    • marliepanda
    • By marliepanda 5th Dec 17, 6:02 PM
    • 4,880 Posts
    • 9,837 Thanks
    marliepanda
    Nothing condescending there at all
    Survey Earnings 2017 - £163
    • BoGoF
    • By BoGoF 5th Dec 17, 6:29 PM
    • 2,724 Posts
    • 1,963 Thanks
    BoGoF
    How does it sound like they know they did wrong? Nothing they said implies this.

    As has been said you have to prove your allegation.
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