UPS refusing to pay for damage and withdrawing funds without notice or consent

Woodjack398

So I recently sent a large item (car convertible roof) (sold through eBay) with UPS which was packaged in a wooden plywood box held together with screws and industrial staples. It was also protected with a memory foam type of foam glued to the inside of the box.

The receiver refused delivery understandably as UPS had split the box open leaving the roof to be exposed to damage.

I had the roof returned to me to see the full extent of the damage where the side of the box was hanging off and parts of the roof were outside of the box. This meant the roof was slightly bent, scratched and one of the sensors had a metal contact point ripped off. There were also bolts missing.

Whilst I was waiting for the roof to be returned I noticed nearly £100 had been taken by UPS with no notification as to why. I subsequently emailed them to ask why which is when they told me it was because the parcel was bigger than I stated. As I had allowed a tolerance when buying the shipping I believe this is because they measured it once they broke it which would have made it a lot bigger than it was. I replied to ask what the original dimensions paid for were and also what dimensions they recorded. I have not had a rely for nearly ten days.

With regards to the damage, I took multiple photos and filed a claim through their claims portal. After considerable time they denied my claim stating the ‘rigid foam was inadequate’ and a the items ‘weren’t properly placed’. This is despite soft foam being used and foam being placed next to every contact point so it could not move. 

I would like advice as to how and if I should pursue this claim and also whether they were allowed to take my money without notice and with no evidence to show it was oversized? 

Any help or advice is appreciated.

Woodjack398

Here is a picture of the damage. (Note it was held together with screws and staples on every side, the tape
was just to protect from the rough edges)

JJ_Egan

Is this a business transaction ??

Woodjack398

No, I’m a private seller on eBay and used UPS’ public service.

tacpot12

You will probably find that the T&Cs state they can take additional payment if the item was bigger than you stated. If your receipt from them doesn't confirm the dimensions you stated on your order, you will have to wait on their reply. You can complain if they don't respond promptly. 

As to the adequacy of the packaging, I think you may need either an expert witness, or alternatively to repackage the item exactly as it was packaged and conduct a series of videoed tests where you try to recreate the damage. These test will either show that the damage occurred with minimal handling (in which case the packaging wasn't good enough) or that it took really rough handling (e.g. dropping it), transporting it vertically and allowing it to fall over, etc. to damage it. With this evidence you can go to court to get a refund on the cost. 

Writing "Fragile" on the box is pointless unless the service was advertised as being suitable for the transport of fragile items. If you send a fragile item using a service not designed for such items, it is unlikely to arrive intact, and you have no comeback if it is broken because it was fragile and unable to withstand normal handling. 

Woodjack398

tacpot12 said:

You will probably find that the T&Cs state they can take additional payment if the item was bigger than you stated. If your receipt from them doesn't confirm the dimensions you stated on your order, you will have to wait on their reply. You can complain if they don't respond promptly. 

As to the adequacy of the packaging, I think you may need either an expert witness, or alternatively to repackage the item exactly as it was packaged and conduct a series of videoed tests where you try to recreate the damage. These test will either show that the damage occurred with minimal handling (in which case the packaging wasn't good enough) or that it took really rough handling (e.g. dropping it), transporting it vertically and allowing it to fall over, etc. to damage it. With this evidence you can go to court to get a refund on the cost. 

Writing "Fragile" on the box is pointless unless the service was advertised as being suitable for the transport of fragile items. If you send a fragile item using a service not designed for such items, it is unlikely to arrive intact, and you have no comeback if it is broken because it was fragile and unable to withstand normal handling. 

Thanks for your reply, with regards to the additional charge, are they required to inform me of the paid for dimensions and the measured dimensions? As there is no sign on the receipt for what I paid for.

Fosterdog

Honestly it looks like the weight of the roof moving around inside has pushed the box open and caused the damage rather than UPS doing something to it, that would count as insufficient packaging. There is no external damage as if it has been dropped or crushed in any way. As for the additional charge you can easily double check the dimensions and weight to see if the first or second charge was correct.

Woodjack398

Fosterdog said:

Honestly it looks like the weight of the roof moving around inside has pushed the box open and caused the damage rather than UPS doing something to it, that would count as insufficient packaging. There is no external damage as if it has been dropped or crushed in any way. As for the additional charge you can easily double check the dimensions and weight to see if the first or second charge was correct.

Respectfully, the roof couldn’t move within the box as there was foam wedging it in place, note some of the foam has fallen out due to the box being split open and parts of it missing. There is also no record on any emails from ups with any dimensions whatsoever.

custardy

car body panels are notorious for shipping damage.
pallet services are the safest in the absence of a man with a van service.

Blackbeard_of_Perranporth

When I have crated large panels and items, for return, the item have been fixed to a skeleton framework to secure the item, then packaged into a crate of similar size and secured inside. It appears that OPs box, secured with foam did not stop the panel from moving inside the box, and this attributed to the box bursting.

molerat

I would say that box was not suitable for the purpose.  No bracing or edge framing on the top, just a sheet of ply held on with staples.  As for the extra charge they may have used a volumetric weight calculation.