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Courier sent a fine to me

Hi this is probably a case of me getting lots of criticism. I could have done this differently if not for Covid. Ok. I ordered and received nice and safely a shower tray. £199. It was unsuitable (my plumber said), so I arranged to return it. The seller said, I had to pay, so, I measured, and researched its weight to be 40kg, and paid for next day service.  You are all ahead me...a week later I got a note, it was broken, and discarded. 
Ok, so, I was just thinking of claiming, when the courier wrote and said they were sending a fine of £60. It was heavier than 40kg.  Yeah of course it was! 
And they have declined my claim for compensation. 
They want me to show I measured and weighed it by photo evidence. I said, ok..you do the same! 
They cant. They threw it away. So. 1. Is it my part to show evidence, or them? And 2. Its my property, can they just ‘discard’ it? 
There is no proof of anything. 3. Do i pay the fine and try small claims? 

Comments

  • couriervanman
    couriervanman Posts: 1,667 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    Did you take out insurance if no your stuffed
  • Batesy1976
    Batesy1976 Posts: 188 Forumite
    100 Posts Name Dropper
    How do you know it wasn't heavier than 40kg?
  • How do you know it wasn't heavier than 40kg?
    I guess that told me!  I suppose they are correct. They cant prove it, and neither can I. I lose.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Usual though you have no evidence of actual weight but they will have weighed the item before billing you  .
  • MattMattMattUK
    MattMattMattUK Posts: 12,512 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Hi this is probably a case of me getting lots of criticism. I could have done this differently if not for Covid. Ok. I ordered and received nice and safely a shower tray. £199. It was unsuitable (my plumber said), so I arranged to return it. The seller said, I had to pay, so, I measured, and researched its weight to be 40kg, and paid for next day service.  You are all ahead me...a week later I got a note, it was broken, and discarded. 
    Ok, so, I was just thinking of claiming, when the courier wrote and said they were sending a fine of £60. It was heavier than 40kg.  Yeah of course it was! 
    And they have declined my claim for compensation. 
    They want me to show I measured and weighed it by photo evidence. I said, ok..you do the same! 
    They cant. They threw it away. So. 1. Is it my part to show evidence, or them? And 2. Its my property, can they just ‘discard’ it? 
    There is no proof of anything. 3. Do i pay the fine and try small claims? 
    How did you research it and what is the verifiability of the source? Was it a net or gross weight that you used?
  • Batesy1976
    Batesy1976 Posts: 188 Forumite
    100 Posts Name Dropper
    How do you know it wasn't heavier than 40kg?
    I guess that told me!  I suppose they are correct. They cant prove it, and neither can I. I lose.
    Are you sure of that?  How do you think they knew it was more than 40kg?

    Couriers have various systems that weigh and size packages as they travel across their networks.  It will have been weighed at some point and they will have a record of this.  If it were to go to court, I suspect a judge would find on the balance of probabilities that the package did weigh more than 40kg when presented with the courier's computer printout vs your screenshot of a website saying the product (not the packaged product) weighed 40kg.
  • Jenni_D
    Jenni_D Posts: 5,555 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    It is not unheard of for couriers to get weights and sizes wrong.

    Which tray was it? What size and material was it?
    Jenni x
  • Some couriers use volumetric weight where by the use the size and weight to come to a calculation.

    Odds are if you don't pay they aren't going to chase it if they don't have any proof to offer up. 

    Regarding compensation, if you had cover and the item wasn't excluded from their compensation then letter before action and small claims.

    If you didn't have cover you could still try the above arguing damaging the parcel to the point it had to be discarded was negligence.

    If the item was on the prohibited list I don't think you'll get anything back as they'll ague you shouldn't have sent with their service. 

    In the game of chess you can never let your adversary see your pieces
  • greyteam1959
    greyteam1959 Posts: 4,793 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The manufacture's specs would probably give you an exact shipping weight I would have thought.

  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Give us the make and model and I bet someone can find the exact weight :) 
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