Missing /stolen signed for parcel

Nurse_Liz

Hi

Help please!

I would be very grateful for advice regarding a missel parcel. I live in a flat (1 of 11) and a while ago I had a day off at home to study. During that day the communal door bell rang and I answered - it was a delivery guy asking me to take in and sign for a parcel for a resident on the 3 floor who didn't appear to be in. I agreed and did so. Early evening I was going out and so on my way I went up to that floor and put the parcel on the residents doormat ready for when they returned from work.

Several weeks later that resident knocked and asked me about the parcel and told me that they never received it. They also said it contained a pair of boots that cost £360.

Now I feel really bad about the situation because with hindsight I should probably have kept the parcel until I saw the resident in person. I obviously didn't think that the parcel would go missing, I also didn't know it was such a high value item, and I took it in with good intentions. It's certainly not a nice thought now to imagine that someone in the block might have taken the parcel.

The resident said that they bought the boots in a local shop and paid in cash. I suggested that they consider contacting the Police, and also the Management Company for our block to check to see if the Buildings Insurance might cover something like this albeit I know that the policy has an excess of £200. I also mentioned that they should check their own Home Contents Insurance; but from their response I suspect that they don't have any. I'm not sure if they delivery was with Royal Mail or another delivery firm.

What is the legal standing on this please - I am liable for it's loss? Should I offer to pay something to them? I don't have a lot of spare cash but I feel very guilty. And is there any other practical step that should be suggested or any other way that they can get a replacement or compensation?

I would appreciate any advice at all. Thanks..................

ThumbRemote

Legally, the recipient has to contact the retailer to report it hasn't arrived. The retailer should then send a replacement.

The retailer will claim off the courier for the loss, and in turn the courier may attempt to claim off you. But wait for that to happen, if it does, don't try to refund the neighbour yourself.

neilmcl

I would say that the courier has fulfilled it's obligation so I don't think the recipient has any comeback against the retailer. The OP, on the other hand, having accepted the delivery has a duty to take reasonable care ot the item which they failed to do by subsequently leaving it where they did.

ThumbRemote

The courier has not fulfilled their obligation. They were paid to deliver a parcel to the neighbour. It hasn't been delivered.

Similarly, the neighbour raid a retailer for delivery of some boots. Those boots haven't been delivered. They have a claim against the retailer.

Its a quite simple chain:
Neighbour claims off retailer for not fulfilling contract
Retailer in turn claims off courier for not fulfilling contract
Courier claims off OP for failing in duty of care

The best bet for the OP is to tell the neighbour to claim off the retailer. The neighbour could be trying it on and this will prove that they are serious. It will also prove the amount they say for the boots is correct. It also means the OP might get away with it, if one party in the chain can't be bothered to claim.

Nurse_Liz

Thanks for the replies. I do feel bad and I ack all the things you say. I live in a nice block of flats with secure entry, security measures etc, and as I was going out I honestly thought I was doing the right thing by leaving the parcel on the doormat in time for my neigbours return home. There are other parcels left regularly. Had I thought that the parcel would go missing I would not have left it there. It's so easy with the benefit of hindsight, I could kick myself.

visidigi

ThumbRemote wrote: »

The courier has not fulfilled their obligation. They were paid to deliver a parcel to the neighbour. It hasn't been delivered.

Similarly, the neighbour raid a retailer for delivery of some boots. Those boots haven't been delivered. They have a claim against the retailer.

Its a quite simple chain:
Neighbour claims off retailer for not fulfilling contract
Retailer in turn claims off courier for not fulfilling contract
Courier claims off OP for failing in duty of care

The best bet for the OP is to tell the neighbour to claim off the retailer. The neighbour could be trying it on and this will prove that they are serious. It will also prove the amount they say for the boots is correct. It also means the OP might get away with it, if one party in the chain can't be bothered to claim.

Your theory entirely relies on if the courier is contracted to deliver to the named person on the shipment or anyone at the address on the package.

I suspect in most cases it is the latter...

Nurse_Liz

Woops not sure if I just posted a reply or not. If I'm repeating myself then sorry..

I asked the last responder if it is the latter then what would they do in my position please?

Also re duty of care, I wanted to make the point that the flats on the 3rd floor are at least in theory less accessible; ie. in comparison I live on the ground floor where everyone has to pass through to get to their own flat. Plus everyone coming in has to pass a communal post box which currently has 2 parcels and 2 large letters that don't fit into the boxes, sitting on top. So it's common to leave things out for people, I wasn't doing anything out of the ordinary and by going up to the 3rd floor I did at least make an effort not to leave the parcel on show to all.

Also, I presume that when my neighbour bought the boots she signed an order/completed a delivery details form with terms and conditions etc on. When I took receipt of the parcel I didn't have any terms and conditions to read and no-one gave me express instructions on how to deliver the parcel. Not that I am trying to excuse things, just also don't think I acted completely irresponsibly either.

shaun_from_Africa

ThumbRemote wrote: »

The courier has not fulfilled their obligation. They were paid to deliver a parcel to the neighbour. It hasn't been delivered.

But the contract between the sender and the courier may have allowed the package to be left with a someone other than the adressee, and if this was the case then the courier has fulfilled their obligations.

Here are 2 examples from different couriers in the UK.

Where the sender has requested a signature, our driver may, for your convenience, attempt to leave the parcel with a neighbour if you are not in.
If this happens, our driver will post a card through your door to let you know where the parcel has been left.
Where senders stipulate that the parcel can only be delivered to the address, our drivers are unable to leave parcels with a neighbour

3 tier Proof Of Delivery Service

Street - Delivery to neighbour or

household with signature capture

Household - Delivery to household
only with signature capture

Person - Delivery to household only

with validated PIN Code capture

aggypanthus

Why did it take her so long to notify you that the parcel was missing?
Are you sure she is being honest?

My experience with a missing amazon parcel- amazon re sent it to me without question. I assume then claimed loss from delivery firm.

Yes, you were doing what you thought felt best, dont feel bad, or ultimately responsible.

custardy

aggypanthus wrote: »

Why did it take her so long to notify you that the parcel was missing?
Are you sure she is being honest?

My experience with a missing amazon parcel- amazon re sent it to me without question. I assume then claimed loss from delivery firm.

Yes, you were doing what you thought felt best, dont feel bad, or ultimately responsible.

IMO the OP shouldn't have accepted the parcel, if they werent going to actually take care of it.

visidigi

OP, is access to your block of flats locked/buzzer etc or is the entry and hallways all open access as needed?