ParcelHero Courier Damage

Tazmarlin

Hi To One & All,

I'm new to this forum so please excuse me if I am posting this in the wrong section! I am looking for some advice regarding the Small Claims Court. Basically the story is as follows:

I purchased a table & chairs (the type where the table folds & the chairs go inside it) from a company in Clacton. I contacted ParcelHero to courier the item for me as the seller didn't deliver to my area (over 200 miles away). I booked the collection with ParcelHero on their website, detailing all the dimensions, weight (70kg), description and bought their insurance. The item arrived 1 day late and when we opened it, it was damaged to the point that it was unusable. I immediately contacted ParcelHero who said not to unwrap the item any further and they would send out an insurance assessor within 5 working days. A few days later, the same delivery driver came to collect it. I explained what I had been told but he said that UPS (yes ParcelHero had sub contracted out the job) didn't work like that and that he was to take it back to the depot for inspection. So, we hastily wrapped the item and he took it back. After a few days, ParcelHero said the claim had been denied due to insufficient packaging. I contacted the seller who basically sid this was rubbish as they had over-packaged the item as it was a courier they had not used before and the item was heavy. As it turns out, 1 driver arrived to collect this item which was physically impossible for him to lift due to the weight & size (all this was on the booking form). Also, he did not have any trolley/sack truck either so the seller had to help him load the item by hand. I have tried to claim my £140.00 back thru PayPal & my credit card company but no one wants to give me my money back as it is the courier who damaged the item not the seller. So, I am taking them to the small claims court but in the meantime I have received paperwork via the court, which has ParcelHero's terms & conditions. Basically they are saying that I did not inform the seller of their guidelines for packaging (true because the seller said he would ad extra packaging as they had not used this courier before) and that the seller was responsible for loading it as this is their policy for any item in excess of 70kg (my argument is that the item was 70kg not over 70kg) so this should not apply. Also, they state that their insurance does not cover any item over 50kg BUT their website still let me purchase & pay for it (all this in their small print). So I am now going to the small claims court in mid July but the seller has now said that he is not prepared to put anything in writing regarding the packaging as he doesn't want to be left open to any kind of legal proceedings , all I have is his emails which just state that they "over packaged" it but no specifics. And to top it all, the courier still has the table and they want to charge me ANOTHER £50.00 to deliver it back to me in the damaged condition!

So, if anyone can shed any legal advice on this situation I would be very grateful as I now have to go to court without any written statement from the seller re the packaging (which is what all this claim stems from in the first place)!!!

Very sorry for the length of this post!

Thanks in advance for taking the time to read this.

Linda

Dogger69

Did you check the 'Non Compensation Items' list as you did the quote? Tables and chairs are on there

How much was the insurance? I would say you have a case to have that refunded, but anything else would depend on whether the judge found the terms to be unfair or not. This is what your claim should be based on (potentially unfair contract terms), not breach of contract.

The website makes it clear that ParcelHero contracts out their orders - in effect they are an agent/ broker for the courier firms.

Tazmarlin

Hi Dogger69,

No I didn't check the list as I didn't realise it was there! Obviously now checking it (and other items on their website) I see that my item would not be covered not would it be covered on the insurance side either! So, perhaps I'm wasting my time going to the small claims court if the judge is just going to dismiss my case on the grounds that I didn't read any of the guidelines on the website? I just did what probably hundreds of people do and just fill in the booking form without reading the shed loads of information they say to read beforehand! So that'll be £190.00 down the drain then!

Many thanks for your reply, gonna have a glass of wine now & drown my sorrows!!!

Cheers,

Linda

lucy03

I agree with dogger, it is on the restricted list. But in the terms and conditions it just mentions that "the terms are supplemented by the shipping and support pages" which re-direct to its home page. You could try and argue that these conditions aren't reasonable, although a judge might decide that they are.

Some terms and conditions do seem unreasonable to me. They note, in several places, that if the recipient signs for the parcel without noting any damage that this means they will not entertain any claims for the item. They might find that they struggle with this in court.

As a side issue, given those terms, I'd personally advise anyone to be very careful of using ParcelHero. I've just looked at some other parcel resellers and of the four I've looked at, none have these very restrictive terms and conditions.

Personally, and especially since they're trying to charge £50 to return the item, I'd be tempted (if it was me) to just pursue the small claims route. As it stands ParcelHero will have to submit their terms and conditions to the court and may find that it's not worth their while pursuing the claim, especially if they want to defend it in a court which is local to you and which is nowhere near where they are based.

But bear in mind, as you say, the court may decide that the terms were fair and that the item shouldn't have been shipped. In which case you will of course lose the court fee you would have paid.

bris

It may be worth going to court as not all T&C's are fair, i,e they accepted the delivery so should be responsible for.


Also take into consideration the threat of court may be enough for them to just pay out as going to court would cost them a lot more that the £140 you want refunded, it makes business sense to either pay up or just don't show giving you a victory by default.

mattyprice4004

How is it not fair? They specifically exclude all items over 50KG AND tables and chairs.

Seems pretty obvious to me!

sussexwalker_2

Hi Linda

Did you get any further with your claim for damage?

We are in a similar position and have been trying for the last 6 months to get Parcel Hero to admit liability for damaging our (confirmed) very well wrapped goods.

We have now got Trading Standards involved and it looks like we have a very strong case. Additionally, albeit at this early stage, it also seems much of what is on Parcel Hero's website can be challenged as unfair Terms & Conditions.

It may well pay you to also contact your local Trading Standards office, particularly as Parcel Hero are members of their 'Buy With Confidence' scheme.

Regards....