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Parcel dropped onto wrong property + stolen
Comments
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iammumtoone wrote: »How do they know that?
When I order online I just generally get told delivery time (ie 4-5 days) not what carrier is sending it (with the exception of ebay where sellers often use different to they state anyway).
I think this situation is unfair on the OP neighbours and they can't be held responsible as they weren't asked if they would accept the parcel. I generally take in parcels for my neighbours but sometimes its not possible if I know I will be out for the evening etc meaning neighbour wont be able to collect their parcel when they might need it, in this instance I refuse.
I disagree with that, it's not acceptable to leave it in the street.0 -
As Royal Mail failed to follow their own procedure and dropped it over the gate, the OP is not responsible for the parcel from that point onwards. Therefore the OP is entitled to a replacement from the retailer.
Should they want to, the retailer can pursue Royal Mail for compensation, and in turn Royal Mail can pursue the neighbour for failing in their duty of care for the item.0 -
No they are not, Royal mail delivered it, the neighbour got it and was negligent with it.ThumbRemote wrote: »As Royal Mail failed to follow their own procedure and dropped it over the gate, the OP is not responsible for the parcel from that point onwards. Therefore the OP is entitled to a replacement from the retailer.
Should they want to, the retailer can pursue Royal Mail for compensation, and in turn Royal Mail can pursue the neighbour for failing in their duty of care for the item.
They didn't fail in their duty of care as we know the neighbour took possession of it so the neighbour failed in their duty of care.0 -
No they are not, Royal mail delivered it, the neighbour got it and was negligent with it.
They didn't fail in their duty of care as we know the neighbour took possession of it so the neighbour failed in their duty of care.
Are you saying the op is not entitled to a remedy from the retailer?
The retailer is responsible to the op. The RM are responsible to the retailer and the neighbour is responsible to the RM.
The op is therefore entitled to a remedy from the retailer, unless the op agreed to the retailer delivering it to a neighbour's unattended address.
[The retailer can in turn pursue a remedy from the RM for their loss. And RM can then pursue a remedy from the neighbour for their lack of care. However these subsequent actions are not relevant to the OP. Other than the op should, in my view, help both the retailer and/or RM pursue any actions they may take by (the op) saying what happened as far as they are aware.]0 -
Isn't it part of the T&Cs for Royal Mail parcel delivery that they will now, as a matter of course, attempt to deliver to a neighbour if the recipient is out? You need to explicitly opt-out of this if you don't want that to happen or use a different courier. Presumably the OP was aware that the parcel was being shipped by RM.
They didnt deliver anywhere.0 -
Even though the neighbour was negligent in their duty of care with regards to the goods, the fact still remains that the retailer has a legal obligation to either refund or to replace the missing item.
If they then wish to pursue RM or the neighbour for their loss then this is up to them.
The Consumer rights act is very clear about who is responsible for goods until they are delivered.
The OP hasn't got their goods nor did they identify their neighbour as someone to take possession for them.(2) The goods remain at the trader’s risk until they come into the physical possession of—
(a) the consumer, or
(b) a person identified by the consumer to take possession of the goods.0 -
No they are not, Royal mail delivered it, the neighbour got it and was negligent with it.
They didn't fail in their duty of care as we know the neighbour took possession of it so the neighbour failed in their duty of care.
Royal Mail did not deliver it - they dropped it over a neighbours gate. They did not give the neighbour chance to say they didn't want to accept it. As such Royal Mail have failed in their own duty of care to the parcel. Therefore the retailer can claim from RM directly.
Subsequently the neighbour has failed in their own duty of care and RM can claim from them, if they wish.0 -
Billy_Bullocks wrote: »It's an interesting one. Technically the Royal Mail failed when it's was thrown over the neighbours gate, but it was received by them. Given what's been posted the issue is with the neighbour failing to take care of the parcel.
The only way the op can take it up with the seller is to be dishonest.
Thats not quite the case.
The consumer rights act stipulates when risk passes and it says:29Passing of risk
(1)A sales contract is to be treated as including the following provisions as terms.
(2)The goods remain at the trader’s risk until they come into the physical possession of—
(a)the consumer, or
(b)a person identified by the consumer to take possession of the goods.
The seller have subcontracted their contractual duties out to RM therefore if the delivery fails to reach OP for whatever reason, they are liable - at least to OP. If they want to recover their losses then it would be up to them to chase RM/the neighbour.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Presumably the OP was aware that the parcel was being shipped by RM.
In 90% of the cases I've had a parcel sent to me I never find out who the courier is.Billy_Bullocks wrote: »The only way the op can take it up with the seller is to be dishonest.
Why do they have to be dishonest? All they have to do is contact the seller and tell them they haven't received the parcel. They haven't. No lying involved.
It's the sellers responsibility to get the parcel to the buyer and in this situation they've failed. Not really their fault but none the less their responsibility to sort out.0 -
Your contract is with the seller/retailer, not with Royal Mail.
You may need to claim a refund or replacement from the retailer.
It is up to the retailer whether the retailer wants to claim compensation from Royal Mail.0
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