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

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  • wesleyad
    wesleyad Posts: 754 Forumite
    Part of the Furniture 500 Posts
    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. 
    It's very specific, but its also broken pretty much every time a courier hands over to a resident without checking "a person identified by consumer to take goods". I'd say that handing over to a person without checking the above is worse than putting in a safe spot the customer has OK'd in advance, yet couriers do this every minute of every day (i've never been checked before).

    I'm interested in why the Which article is so definite, I wonder if it's been tested in court?
  • Undervalued
    Undervalued Posts: 9,594 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 4 April 2020 at 9:49AM
    wesleyad said:
    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. 
    It's very specific, but its also broken pretty much every time a courier hands over to a resident without checking "a person identified by consumer to take goods". I'd say that handing over to a person without checking the above is worse than putting in a safe spot the customer has OK'd in advance, yet couriers do this every minute of every day (i've never been checked before).

    I'm interested in why the Which article is so definite, I wonder if it's been tested in court?
    Quite!

    Plus, any courier or mail service will only hand the parcel to whoever opens the door (or sits behind the reception desk at a company) and not to the named person. In any case, in the UK, there is no legal obligation to have any form of ID so they have no means of knowing who they have given it to.

    Given that many couriers photograph where they have left a parcel, I am surprised they don't insist on photographing who they have handed it to. That would be far better evidence than an unreadable squiggle of a signature that they can't verify.
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