Small claims court claim: how should I proceed?

pred02

Hi,

Back in July, I've shipped a used amplifier I sold via eBay using UPS. I packaged it very well and according to UPS guidelines, marked it fragile declared full value and sent it off. Unfortunately, the box and amplifier were banged up and damaged beyond repair.  Approximate value of amplifier was 200 GBP. I made a claim via UPS for damages it was denied, they claimed that packaging was inadequate.

I was pretty upset as I believe I was wronged by UPS, so I filed a claim in the small claims court. UPS provided a defence via their solicitors and I received a small claims questionnaire County Court Business Centre asking if I am wiling to go to mediation, confirm its small track route and provide any insight on witnesses and experts. 

Given that I already paid to file the claim, I don't mind going to a hearing but wanted to understand my chances of winning and any negative repercussions if I lose. I have pictures of the items sent prior and post showing the damages and condition before shipping. I can kindly ask the receive to see if he is willing to be a witness and confirm that it was damaged (though he may not be willing to do that) as he did tell me via email when he initially received it. Getting an expert to evaluate the packaging is probably not worth it, and I also disregarded the packaging. I assumed that the hearing will be virtual, but it now may be in person which will require time off work and travel costs to London. 

Given that UPS is using a big law solicitor firm, if I lose can they stick me with their legal expenses?  A part of me is still upset and wants to go to fight, but a part now wants to put it behind and focus on important things such as baby that was born and work.

Keen to get peoples thoughts.

Thanks

Keep_pedalling

You won’t get hit by big legal expenses for the SCC, but you chances of winning will depend on the evidence you provide on how well it was packed. Double boxing will protect your item, adding a fragile sticker provides zero protection.

tacpot12

Evidence is everything. Did you get the amplifier and its packaging back? If not, I would try to get it back, or at least pictures of it. I tend to agree that the cost of an expert witness is not going to be worth it, but you should try to get some expert evidence that the method you used to pack the amplifier was suitable. You will problably find some advice on how to pack delicate electronics for shipping, and if you can find something that matches with how you shipped the amplifier, then so much the better. 

At present, I think you would lose your case. You need more evidence. 

pred02

Item packaged pre-shipping


Damaged packaging

Damaged packaging


I also have pictures of the item right before it was sent as well as the damaged item (banged up, video of it not working). Would this be sufficient evidence?

Thanks

Sandtree

Would be useful to see the damage to the item but looks in both height and length the contents would have been free to move around the box that increases the risk of damage to the box and contents than if its held stationary within by being packed in. 

The photo doesnt clearly show how much width protection, where it is snuggly fitting, there is... could be from the photo just one layer of bubble wrap and a basic single thickness corrugated cardboard. 

As a total non-expert I would say the packing was ok but not great.

The small track is very limited in what they can claim against you should you lose but its not £0. Any trip to court is a roll of the dice and so its really down to you to decide. 

Manxman_in_exile

How much loss have you suffered - is it £200?  Have they offered you nothing at all?

I think if it were me I'd go ahead with the claim - but on the understanding that no win in court is ever guaranteed.

Out of interest, how did you word your Particulars of Claim?

(Also, how do you know you are up against solicitors - I presume it's small claims?  Have they threatened you with costs?)

pred02

Manxman_in_exile said:

How much loss have you suffered - is it £200?  Have they offered you nothing at all?

I think if it were me I'd go ahead with the claim - but on the understanding that no win in court is ever guaranteed.

Out of interest, how did you word your Particulars of Claim?

(Also, how do you know you are up against solicitors - I presume it's small claims?  Have they threatened you with costs?)

I know as the solicitor firm has responded to their small claim, they copied me in the response. I lost 200 GBP as the amplifier was beyond repair. I did sell it for parts for a small amount on eBay.

Sandtree said:

Would be useful to see the damage to the item but looks in both height and length the contents would have been free to move around the box that increases the risk of damage to the box and contents than if its held stationary within by being packed in. 

The photo doesnt clearly show how much width protection, where it is snuggly fitting, there is... could be from the photo just one layer of bubble wrap and a basic single thickness corrugated cardboard. 

As a total non-expert I would say the packing was ok but not great.

The small track is very limited in what they can claim against you should you lose but its not £0. Any trip to court is a roll of the dice and so its really down to you to decide. 

I used the air bags after wrapping it to protect it from moving on the sides. Below are the photos of the damages, but the sounds of it does not look like I have a great case therefore withdrawing the claim might be a better option to avoid further agitation and any potential costs.

I understand that I would need to fill out a discontinue form N279, however I understand that I may need to pay their legal fees up to date?