Parcel Safe Place Missing

Barton99

Hi All,

DPD was advised by me to leave my parcel in the requested safe place.

I understand I have to click "I accept if the parcel goes missing once placed in the assigned safe place" The reason I used their safe place service is that DPD provide a picture of the parcel once it has been delivered in the requested safe place. Also a calling card get placed through the door. Essential evidence that the parcel has been left at the correct address and in the safe place location I have assigned.

When I go to check my safe place there is no parcel. I went to check on their app and there is no picture just "delivered to back porch" and no calling card on the mat.

When I contacted DPD they also say it's weird that there is no picture as it's needed to complete the delivery on their system and to chase the seller. I’m not satisfied that the parcel was left in a safe place and want them to prove it. If they can supply the picture (that's needed to complete delivery) and it is in fact in my safe place then obviously yes I am liable.

I go through the retailer to sort this out, they come back within hours and in a nutshell they say "nope, you accept liability when you clicked accept on the safe place and the no picture is not adequate defence to pass liability onto the courier as you have already accepted this on the app".
But If a picture was taken and it was of the parcel in the unassigned safe place i'm sure this would have been a different story? which is the exact reason I use this service. DPD don't take pictures for the fun of it, they use it as a defence encase it was left in the safe place I assigned and it's gone missing.

The seller says the decision is final, GPS shows the van outside the address and that the delivery driver has delivered parcels before in the correct place... which isn't correct as we found one order in our driveway when we returned home with a picture of our front door.

The parcel was worth about £700 and the retailer confirmed the package was not blank, had a big spanking gaming monitor image on the side. The safe place is in our garden behind a gate. Usually postal services will leave it behind our bins which is in view of the street. We've had parcels go missing from Amazon due to where they place them.
Parcel was paid on CC so would like to look into Section 75. But would like to see if anyone else has had this issue before? Am I still liable.

Thanks all.

[Deleted User]

Barton99 wrote: »

we found one order in our driveway when we returned home with a picture of our front door.

Barton99 wrote: »

We've had parcels go missing from Amazon due to where they place them.

Leaving aside your questions over who is liable for your missing parcel, why on earth are you having £700 parcels delivered to your "safe" place if they've gone missing before?

Surely, in your situation it would have been wiser to collect from a locker (or the local Post Office etc)?

Barton99 wrote: »

Parcel was paid on CC so would like to look into Section 75.

Your credit card won't refund in the circumstances you describe.

Barton99

They've never gone missing in our safe place. But we have had parcels go missing when they've been left behind the bins (which is not our safe place) the bins are located on the street. The safe place is in the back garden behind a gated fence.

Aylesbury_Duck

Restrict all your dealings to the retailer, it's them you have a contract with, not DPD. If they are confident that the item was delivered and that it must have been subsequently mislaid or stolen, they'll stick to their guns, but they should provide reasonable proof that the item was delivered. That's for them to chase with DPD, not you.

I think you'll have a tough time winning this one. If DPD have any sort of evidence they delivered it to the location requested, the retailer has fulfilled their contract and it's up to you to report what would then be a suspected crime of a stolen parcel.

unholyangel

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.

31Liability that cannot be excluded or restricted
(1)A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability arising under any of these provisions—
(a)section 9 (goods to be of satisfactory quality);
(b)section 10 (goods to be fit for particular purpose);
(c)section 11 (goods to be as described);
(d)section 12 (other pre-contract information included in contract);
(e)section 13 (goods to match a sample);
(f)section 14 (goods to match a model seen or examined);
(g)section 15 (installation as part of conformity of the goods with the contract);
(h)section 16 (goods not conforming to contract if digital content does not conform);
(i)section 17 (trader to have right to supply the goods etc);
(j)section 28 (delivery of goods);
(k)section 29 (passing of risk).

(2)That also means that a term of a contract to supply goods is not binding on the consumer to the extent that it would—
(a)exclude or restrict a right or remedy in respect of a liability under a provision listed in subsection (1),
(b)make such a right or remedy or its enforcement subject to a restrictive or onerous condition,
(c)allow a trader to put a person at a disadvantage as a result of pursuing such a right or remedy, or
(d)exclude or restrict rules of evidence or procedure.

From the Consumer Rights Act 2015.

SandraX

When I contacted DPD they also say it's weird that there is no picture as it's needed to complete the delivery on their system and to chase the seller. I’m not satisfied that the parcel was left in a safe place and want them to prove it. If they can supply the picture (that's needed to complete delivery) and it is in fact in my safe place then obviously yes I am liable.

Your gripe is with the delivery firm, no one else.

greatgimpo

Don't give up - there's a reasonable chance it will still turn up. I have a few examples where I was told it was delivered and it wasn't. A neighbour had the same problem with theirs too. I think they 'tick it off' to hit delivery targets, and deliver at a day/time to suit themselves. It probably saves them a lot of time to deliver the next day if somebody else nearby is expecting something too.