Courier Company Lost our Parcel due to their negligence

T_T_2

paddyrg wrote: »

Pretty cut and dried from the looks of things - these are the terms you agreed to...

http://www.parcel2go.com/content/about-terms.aspx

That clause applies when they 'lose or damage' the consignment but as we know the courier did not lose or damage the consignment, they simply failed to deliver it to the address correctly, so this clause is irrelevant.

I would be more interested in these clauses:

2.3 We warrant that the Service(s) will be provided using reasonable care and skill.

4.1 We will make one attempt to deliver a Consignment during normal working hours, subject to clause 4.3 below. If we cannot obtain a delivery receipt at the Delivery Point you agree that we shall be authorised to attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and (if successful) we agree that we will leave at the Delivery Point details of the address to which we have delivered the Consignment. If we are unable to deliver, either to the Delivery Point or a nearby address, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point.If the recipient does not contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).

The second quote block is important as they have an agreed process of what happens when they cannot deliver to the agreed address... they deliver to a nearby address and if they cannot do that they return it to their depot. They make no mention of any intention to leave goods outside of the agreed address without a signature. For me this is a breach of the contract.

arcon5

Don't forget you should be compensated for what it would cost to replace (second hand also probably) -- not what you could have sold it for.

Can't you increase the level of compensation on parcel2go when purchasing?

withabix

Parcel2Go's Terms and Conditions would not stand up in court, because they or their Contractor, have carried out a deliberate act of negligence.

They can't hide behind their T&Cs when they have acted negligently.

Send the a Letter Before Action (there are templates on MSE somewhere) and then do a Small Claims Court claim.

They will roll over or lose in court.

squeaky

LBA help is in our ReadMe sticky... here --> Resources

dmg24

withabix wrote: »

Parcel2Go's Terms and Conditions would not stand up in court, because they or their Contractor, have carried out a deliberate act of negligence.

They can't hide behind their T&Cs when they have acted negligently.

Send the a Letter Before Action (there are templates on MSE somewhere) and then do a Small Claims Court claim.

They will roll over or lose in court.

There is not nearly enough information to say that the OP would win in court.

OP, where were the bins? There is a great deal of difference between leaving package in full view on a busy road, and hiding them behind bins in a bin store or other private area. If the latter is negligence, then the great majority of couriers would be negligent!

T_T_2

dmg24 wrote: »

If the latter is negligence, then the great majority of couriers would be negligent!

I suspect that quite a few people would say most couriers are negligent actually.

booboomania

Thanks everyone... Letter before Action Sent, so will sit tight for 14 days to see if they do roll over!

RobertoMoir

dmg24 wrote: »

If the latter is negligence, then the great majority of couriers would be negligent!

While I think couriers have a difficult job trying to strike the balance between security and timely delivery for people who are out all day but still expect parcels to arrive, I've actually got no problem with the idea that leaving parcels in or around a bin/bin storage area is negligent.

booboomania

dmg24 wrote: »

There is not nearly enough information to say that the OP would win in court.

OP, where were the bins? There is a great deal of difference between leaving package in full view on a busy road, and hiding them behind bins in a bin store or other private area. If the latter is negligence, then the great majority of couriers would be negligent!

Well the parcels were hidden behind some bins, but they were hidden behind the neighbours (who had gone away for a week) bins by mistake and no note left with anyone.

withabix

dmg24 wrote: »

There is not nearly enough information to say that the OP would win in court.

OP, where were the bins? There is a great deal of difference between leaving package in full view on a busy road, and hiding them behind bins in a bin store or other private area. If the latter is negligence, then the great majority of couriers would be negligent!

Left behind SOMEONE ELSE'S bin.

Delivery company's liability, not limited by any insurance taken out by the customer.