parcel left on doorstep - gone missing but cant get refund for it

cx6

S75 was what I was thinking but depends on the value of the console and how they paid.

peculiarpetulia

DB1904 said:

peculiarpetulia said:

can anyone help please - i bought a gaming console from game for my sons birthday in october. I asked if not in to leave with my neighbour 4 doors down. As i work nights I checked my emails around 4am and found that my delivery had been left on the doorstep which is open to the whole street - we dont have fencing and we were opposite a block of flats (since moved). I went to look and it wasnt there. Ive been in dispute with dpd and game about this issue and they are saying it was delivered ok so theres nothing that they can do. Ive used resolver to try help me but theyve closed the case saying i now have to take it to court as a civil matter.

Is that indeed the only option i have now please? 

thanks

How did you pay?

hi - i paid online via debit card..

peculiarpetulia

Alderbank said:

peculiarpetulia said:

As i work nights I checked my emails around 4am and found that my delivery had been left on the doorstep...

Think back to that night back in September or early October.
What time did you leave for work?
What time did DPD's email say they had left your delivery on your doorstep?
Was anyone else in your house that night?

my hours were 8pm to 8am....... i usually leave around 6pm and get back home around 9.30am......... the card said 9.38am delivered so i mustve just missed them and gone straight to bed. there was noone else in the house. As I went out of the door around 6pm i never saw the card and i never noticed a parcel on the porch. It was only during my break at work that i saw the email and then when i got back home i went to my neighbours to see if the parcel had been left there and theyd put front porch by error. 

peculiarpetulia

Manxman_in_exile said:

OP  -  it's got nothing to do with DPD.  Your complaint is with the seller (Game?).

So long as you can demonstrate (a) that you were at work when the alleged delivery was made and also (b) that it was not delivered to the only other person* that you had nominated for delivery, then you can go back to Game and say that you are enforcing your statutory rights against them under the Consumer Rights Act 2015.

s 29 of that Act means that the seller remains legally liable for the goods until they are delivered into your physical possession, or that of somebody you have nominated for delivery.  (Assuming the carrier was selected by the seller).  A mere photograph of a parcel on a doorstep does not satisfy this requirement.

Consumer Rights Act 2015 (legislation.gov.uk)

Tell* Game that you will be happy to enforce your statutory rights in court if necessary, and tell them that on the basis of what Game have told you so far, you will win.  Point out that if you do take them to court you will also be claiming any fees that you have had to pay plus whatever costs you are entitled to as a litigant in person.  (I believe you can claim £19 per hour if you can prove how much time it has taken you to sue them.  If I'm wrong others will say).

See what their response to that is.  If they say no, come back here as there are a few other steps you need to take before suing them.

Wait and see if others have different suggestions.

*If your neighbour can provide evidence that it was never delivered to them, all the better for you.  Tell Game.

thank you - i will follow this advise and get back to you - if i do go to court do i need to pay upfront costs at all as i cant afford to do this - and if i lose i will be out of pocket more. Im so annoyed with all this - its money i cant afford to lose.

thanks for your help

Alderbank

peculiarpetulia said:

Alderbank said:

peculiarpetulia said:

As i work nights I checked my emails around 4am and found that my delivery had been left on the doorstep...

Think back to that night back in September or early October.
What time did you leave for work?
What time did DPD's email say they had left your delivery on your doorstep?
Was anyone else in your house that night?

my hours were 8pm to 8am....... i usually leave around 6pm and get back home around 9.30am......... the card said 9.38am delivered so i mustve just missed them and gone straight to bed. there was noone else in the house. As I went out of the door around 6pm i never saw the card and i never noticed a parcel on the porch. It was only during my break at work that i saw the email and then when i got back home i went to my neighbours to see if the parcel had been left there and theyd put front porch by error. 

So you were at home when DPD left the package inside your front porch, having returned from work about 10 minutes before. They popped a card through your letterbox saying 'parcel left in porch 9:38am' and presumably took a picture.
You did not open the front door again until you left for work again at 6 that evening.

As said above, it is Game's responsibility to deliver the item to you.

We have lived through strange and unprecedented times recently. My experiences of these doorstep deliveries has been that the driver waited in the street until I opened the door and bent down to pick up the parcel before taking the picture, exactly to avoid your situation. 'Your' driver might have seen signs of activity and assumed you were getting up and about to leave for work but that is not the point.

In your position I would argue that a picture of your package lying outside a locked door does not constitute delivery

born_again

Alderbank said:

peculiarpetulia said:

Alderbank said:

peculiarpetulia said:

As i work nights I checked my emails around 4am and found that my delivery had been left on the doorstep...

Think back to that night back in September or early October.
What time did you leave for work?
What time did DPD's email say they had left your delivery on your doorstep?
Was anyone else in your house that night?

my hours were 8pm to 8am....... i usually leave around 6pm and get back home around 9.30am......... the card said 9.38am delivered so i mustve just missed them and gone straight to bed. there was noone else in the house. As I went out of the door around 6pm i never saw the card and i never noticed a parcel on the porch. It was only during my break at work that i saw the email and then when i got back home i went to my neighbours to see if the parcel had been left there and theyd put front porch by error. 

So you were at home when DPD left the package inside your front porch, having returned from work about 10 minutes before. They popped a card through your letterbox saying 'parcel left in porch 9:38am' and presumably took a picture.
You did not open the front door again until you left for work again at 6 that evening.

As said above, it is Game's responsibility to deliver the item to you.

We have lived through strange and unprecedented times recently. My experiences of these doorstep deliveries has been that the driver waited in the street until I opened the door and bent down to pick up the parcel before taking the picture, exactly to avoid your situation. 'Your' driver might have seen signs of activity and assumed you were getting up and about to leave for work but that is not the point.

In your position I would argue that a picture of your package lying outside a locked door does not constitute delivery

Which would need taking up with Game. 

ParkingMad

This is from DPD's website, explaining their procedure for contactless deliveries -

https://www.dpd.co.uk/content/how-can-we-help/parcel-delivery-during-covid-19.jsp

How did the OP miss hearing DPD ring or knock if DPD arrived 8 minutes after the OP got home?

MarvinDay

ParkingMad said:

This is from DPD's website, explaining their procedure for contactless deliveries -

https://www.dpd.co.uk/content/how-can-we-help/parcel-delivery-during-covid-19.jsp

How did the OP miss hearing DPD ring or knock if DPD arrived 8 minutes after the OP got home?

There is a good possibility that they didn't knock.
I've lost count of the number of deliveries I've had where the delivery driver has simply left the package on the doorstep and hasn't knocked or rung the bell and the first I was aware of it was when I saw an e-mail or text confirming delivery.

cx6

peculiarpetulia said:

Manxman_in_exile said:

OP  -  it's got nothing to do with DPD.  Your complaint is with the seller (Game?).

So long as you can demonstrate (a) that you were at work when the alleged delivery was made and also (b) that it was not delivered to the only other person* that you had nominated for delivery, then you can go back to Game and say that you are enforcing your statutory rights against them under the Consumer Rights Act 2015.

s 29 of that Act means that the seller remains legally liable for the goods until they are delivered into your physical possession, or that of somebody you have nominated for delivery.  (Assuming the carrier was selected by the seller).  A mere photograph of a parcel on a doorstep does not satisfy this requirement.

Consumer Rights Act 2015 (legislation.gov.uk)

Tell* Game that you will be happy to enforce your statutory rights in court if necessary, and tell them that on the basis of what Game have told you so far, you will win.  Point out that if you do take them to court you will also be claiming any fees that you have had to pay plus whatever costs you are entitled to as a litigant in person.  (I believe you can claim £19 per hour if you can prove how much time it has taken you to sue them.  If I'm wrong others will say).

See what their response to that is.  If they say no, come back here as there are a few other steps you need to take before suing them.

Wait and see if others have different suggestions.

*If your neighbour can provide evidence that it was never delivered to them, all the better for you.  Tell Game.

thank you - i will follow this advise and get back to you - if i do go to court do i need to pay upfront costs at all as i cant afford to do this - and if i lose i will be out of pocket more. Im so annoyed with all this - its money i cant afford to lose.

thanks for your help

I believe it only costs £5 to file a moneyclaim online (aka small claims court) but willing to be corrected.

peculiarpetulia

thanks everyone for your comments - im used to saying porch now as the new house has a fully enclosed porch - the old house didnt have even a shelter over the door 

i wouldnt have heard the door if id just got back as im usually that shattered i go straight to the bathroom for a shower and then to bed for a bit

ill check the cost for a moneyclaim online thanks