Parcel delivery rights - requested to be left in a safe place...

SWRD2000

We have recently send a high value parcel to a customer who  claims that this has not been delivered   We contacted DPD our regular courier who advised us that the goods had been delivered and as no one was available to sign it was left in a safe place as per the instructions on our customer's DPD app.  A PUSH notofication was send to our customer confirming dispatch of goods and another when goods were out for delivery.The driver took a photo of the door of the building the parcel was left in and a PUSH notification was sent to our customers DPD app to confirm delivery.  Our customer is claiming that he did not receive the parcel although DPD has provided evidence that the parcel was delivered as per customer instructions (with no signature)but in safe place.  He has stated that his Consumer rights mean that we are liable for replacement and claiming non delivery.  How do we stand in this situation? 

davidmcn

SWRD2000 said:

The driver took a photo of the door of the building the parcel was left in 

Did they take a photo of the parcel in the safe place? I would think it largely the risk of the customer if their safe place turns out not to be as safe as they thought.

shaun_from_Africa

As both the Consumer rights act and the Consumer contracts regulations both specifically states that the goods are at the traders risk until they come into the physical possession of either the consumer or a person named by the consumer:
http://www.legislation.gov.uk/ukpga/2015/15/section/29

29. Passing 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.

I think that what you may have to do is to refund them then attempt legal action to recover your money.
It doesn't seem right to me but as that's the way the legislation is written then although your customer made the request, the goods were still at your risk although hopefully someone knows of a get out clause that means you are covered.

Undervalued

SWRD2000 said:

We have recently send a high value parcel to a customer who  claims that this has not been delivered   We contacted DPD our regular courier who advised us that the goods had been delivered and as no one was available to sign it was left in a safe place as per the instructions on our customer's DPD app.  A PUSH notofication was send to our customer confirming dispatch of goods and another when goods were out for delivery.The driver took a photo of the door of the building the parcel was left in and a PUSH notification was sent to our customers DPD app to confirm delivery.  Our customer is claiming that he did not receive the parcel although DPD has provided evidence that the parcel was delivered as per customer instructions (with no signature)but in safe place.  He has stated that his Consumer rights mean that we are liable for replacement and claiming non delivery.  How do we stand in this situation? 

Ultimately, if it went to court, it would be for the judge to decide "on the balance of probabilities" who he believed. None of what you list is proof. The DPD driver could have stolen it after taking the photo of the parcel in the "safe place". Somebody else could have stolen it after the driver left. Or, as you obviously suspect, the customer may be dishonest. Sadly this is the chance you take with these type of deliveries. In a huge operation the laws of average apply, if you only ship a few expensive items one going bad is more significant.

sheramber

 If it was of high value did you not require a signature on delivery?

munchpot

When I’ve had deliveries where the sender is using DPD their app does give you the option to leave in a safe place it also specifically says that if you choose that option that you are taking responsibility for the safety of the item in that place.   I’ve never done that but they are very clear about you taking responsibility for the change. I’m sure a judge would look favourably on your claim if the recipient did make the change in the app 

wesleyad

Undervalued said:

Ultimately, if it went to court, it would be for the judge to decide "on the balance of probabilities" who he believed. None of what you list is proof. The DPD driver could have stolen it after taking the photo of the parcel in the "safe place". Somebody else could have stolen it after the driver left. Or, as you obviously suspect, the customer may be dishonest. Sadly this is the chance you take with these type of deliveries. In a huge operation the laws of average apply, if you only ship a few expensive items one going bad is more significant.

This is true, the courier could always be a thief.

However the second part I wouldn't think matters as when agreeing to a safe space there is (nearly always) a disclaimer the customer has to agree to regarding taking responsibility for the item. I've seen arguments (but have not seen this tested in court) that when changing the delivery to a safe space and agreeing to the T&c's a second contract is formed between the customer and courier. This now allows the customer to chase the courier independently(as normally they have no claim against the courier) and vice versa allows the courier company to defend itself. In this case the balance of probabilities with a scan, photo and safe space agreement is heavily weighted against the customer


Which have this on their website https://www.which.co.uk/consumer-rights/advice/my-online-order-hasnt-arrived-what-can-i-do

"Be aware if you give permission for your delivery to be left in a specified safe place or received by a nominated neighbour and something goes wrong, you will still be considered to have received the delivery.  Think very carefully about those options when you’re making a purchase."

Undervalued

sheramber said:

 If it was of high value did you not require a signature on delivery?

Few if any couriers are currently collecting signatures due to distancing. I assume they have now updated their terms of business accordingly? In any case it would only be from (at best) whoever opened the door. Very often couriers put small packets through the letter box and put some unreadable squiggle on the device themselves. All of these things are bits of evidence that may or may not tip the balance of probabilities. Unless couriers start photographing the recipient holding the parcel it is all very vague. Even then the courier doesn't know it was the right person short of asking to see their passport. Where do you stop? Nobody wants to pay the true cost of running a really secure delivery service! 

Gavin83

shaun_from_Africa said:

As both the Consumer rights act and the Consumer contracts regulations both specifically states that the goods are at the traders risk until they come into the physical possession of either the consumer or a person named by the consumer:
http://www.legislation.gov.uk/ukpga/2015/15/section/29

29. Passing 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.

I think that what you may have to do is to refund them then attempt legal action to recover your money.
It doesn't seem right to me but as that's the way the legislation is written then although your customer made the request, the goods were still at your risk although hopefully someone knows of a get out clause that means you are covered.

I would take a safe space as suggested by the customer as option B.

OP I sell the odd item online and consider my customer service to be above average but in your position I'd be refusing a refund. It was delivered to their requested place, therefore their issue. If they were to take you to court I'd fancy your chances.

shaun_from_Africa

Gavin83 said:

I would take a safe space as suggested by the customer as option B.

But option B is very specific in that it refers to a person and not to a place.
Even though the customer requested that the shipment was left in a "safe place", it's always worth remembering that as a consumer, you can't sign away your statutory rights so even though they specifically asked for the goods to be left, the sections of the CRA and CCR's that cover the passing of risk still apply

Hopefully it it ever came to court a judge would take the sensible approach and find in favour of the OP but you never can tell what may happen. 

Gavin83

shaun_from_Africa said:

Gavin83 said:

I would take a safe space as suggested by the customer as option B.

Hopefully it it ever came to court a judge would take the sensible approach and find in favour of the OP but you never can tell what may happen. 

Too true, you can never tell what would happen in court. However in the OPs situation I’d likely take my chances, especially if it’s a high value item.

Honestly I think the chances of the courier having stolen it are minimal. I think either the buyer is trying to rip off the OP or someone has stolen it from their safe place. If it’s the first I imagine it’s unlikely they’ll take it to court. If it’s either option you could certainly argue that morally it’s the buyers problem and probably legally too. However it’s really up to the OP what they wish to do, they need to weigh up the options.