Delivery proof dispute

Bayleanne

So I ordered something from Amazon. The courier the seller used 'attempted' to deliver the parcel one day. I was at home most of the day but I did pop out for 3 hours so there is a possibility I missed them. I messaged the seller and they claimed the driver could not 'get access' to the property. I didn't know if this was due to the narrow street so I sent a detailed explanation of what the could do instead to easily get to my front door. I also gave instructions for how they could leave in a safe place. The seller suggested I leave instructions on the front door for the delivery driver. I told them I didn't want to do that as it would advertise to the rest of the world where my 'safe space' was which would obviously not then be 'safe'. Two days later my partner gets home and says there is a card saying the parcel was left in the porch. We dont have a porch but there is a shared hallway (house with 3 flats). I messaged the seller to say we had not received the parcel despite the courier leaving the card. The seller then sent me a picture of the parcel in this 'safe place' on a shelf in the hallway. I can't despute that the picture is, in fact, the hallway but we definitely are not in possession of the parcel. I'm not sure where we stand with this? I appreciate that they believe this is proof of delivery but technically it just proves they were there. The delivery person COULD have removed the parcel after taking the picture. I'm concerned that they maybe didn't shut the main door properly when they left. I only have two other neighbours - one, of which we totally trust - the other we don't know well at all as they have recently moved in but I find it difficult to believe they would take it. I'm yet to talk to the neighbours to ask if they picked it up for safe-keeping or by mistake but if it's in neither of their possession - where do we stand?

soolin

Was the shelf in the photo the ‘safe place’ you designated? 

sekrapa

If you designate a safe place to leave a parcel without a signature of delivery, you take responsibility for the item as soon as it's left. The delivery company will play hardball with this unfortunately.  Have had similar experience both as a receiver and sender. I now never ask to leave parcels in safe places. 

The_Rainmaker

Bayleanne said:

I'm yet to talk to the neighbours to ask if they picked it up for safe-keeping or by mistake but if it's in neither of their possession - where do we stand?

Why the heck haven't you spoken to your neighbours yet?  That should be the first thing that you do.

the_lunatic_is_in_my_head

The consumer rights answer is:

www.legislation.gov.uk/ukpga/2015/15/section/29

(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.

Unholyangel is the poster to tell us whether the consumer assumes risk by designating a safe place but I can't see anything indicating so.

OP your post doesn't make it clear whether this safe place was actually given by yourself? If it was purely from a moral viewpoint IMHO I would say you should assume risk. 

I would also say you can never truly trust your family let alone neighbours plus anyone could have gained access and in passing picked up the parcel but as the other poster says first thing to do is ask both neighbours. 

If they don't have it and you didn't give the safe place then your option is to open an A-Z claim for the order. 

Hasbeen

Bayleanne said:

 I only have two other neighbours - one, of which we totally trust - the other we don't know well at all as they have recently moved in but I find it difficult to believe they would take it. I'm yet to talk to the neighbours 

Yea that what I would do, Would not ask the neighbours as its easier to contact seller get pictures then join a forum to ask complete strangers first.
Perhaps the answer I would get is speak to the neighbours?