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

sheramber

MarvinDay said:

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.

Is that since covid   now that hey take a photograph of the delivery?

peculiarpetulia

this is how open the old house was........ 

ParkingMad

They should take a photo of the parcel, ideally in the open doorway if the customer answers the door, or in an enclosed porch / shed / outbuilding / cupboard / garage etc if they are allowed to leave the parcel in a safe place. Otherwise they should try to leave it with a neighbour, or attempt delivery the next day. 

Their handheld device logs the GPS location of the delivery. I think DPD send the photo of the delivery to the customer. 

peculiarpetulia

yes they took this photo......  im so annoyed and frustrated about this now because im out of money and i feel like theres nothing i can do but they shouldnt be allowed to get away with doing this...... the area wasnt a quiet area and had gone downhill so much - which is why i moved.... surely the courier shoudve realised it really wasnt safe there.,

Manxman_in_exile

I would argue that that photograph* is clear evidence that DPD did NOT deliver it into your physical possession as required by s29 of the Consumer Rights Act 2015:  Consumer Rights Act 2015 (legislation.gov.uk)

29  Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

(3)Subsection (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4)In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5)Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

(6)See section 2(5) and (6) for the application of this section where goods are sold at public auction

OP - so long as DPD either were chosen by Game, or were chosen by you from a list of couriers provided by Game, then the goods remained at Game's risk until delivered into your physical possession and they are still responsible for them.

email them quoting and linking to the above legislation and TELL them that the law says you are entitled to a refund or a replacement.

If they refuse and you decide it's worth suing then you have to follow certain steps first.

Basically you have to send them a formal letter called a "Letter before claim" or a "Letter before action" explaining what the problem is and that they are in beach of s29 of the legislation I linked to above.  You also set out what remedy you want from them (eg refund or replacement).

Then you give them a certain time limit (might be a minimum of 14 days but I'm not sure about that?) and if they haven't complied by then you warn them that you will issue a court claim against them, and that you will also be claiming any costs associated with making that claim.  

Then you wait and see if that budges them.  If it doesn't, you sue them.  (I'm afraid I'm not sure what the fee is for making a claim, but once you've paid it, you include it in any claim you make against Game).

*DPD should have at least taken a photo of the parcel on the doorstep with the door open and preferably your legs beside it.

Ergates

Yes - most couriers will want to take a photo next to a pair legs (human legs) to show that somebody was there to receive the parcel.  They generally don't want to provide evidence they just left it unattended.

Unless you're the short orange one on the left.

Manxman_in_exile

Ergates said:

Yes - most couriers will want to take a photo next to a pair legs (human legs) to show that somebody was there to receive the parcel.  They generally don't want to provide evidence they just left it unattended.

Unless you're the short orange one on the left.

Just a couple of months ago my wife had a pair of jeans delivered on behalf of M&S.  We were both in at the time of delivery and weren't aware of it until my wife got a message confirming delivery.  We couldn't find them until we opened our food waste caddy the following day(!).

As the package sealing was not 100% waterproof (or odour proof... ) they were returned.

At the moment nothing surprises me about the bonkers locations of deliveries.

peculiarpetulia

Manxman_in_exile said:

I would argue that that photograph* is clear evidence that DPD did NOT deliver it into your physical possession as required by s29 of the Consumer Rights Act 2015:  Consumer Rights Act 2015 (legislation.gov.uk)

29  Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

(3)Subsection (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4)In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5)Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

(6)See section 2(5) and (6) for the application of this section where goods are sold at public auction

OP - so long as DPD either were chosen by Game, or were chosen by you from a list of couriers provided by Game, then the goods remained at Game's risk until delivered into your physical possession and they are still responsible for them.

email them quoting and linking to the above legislation and TELL them that the law says you are entitled to a refund or a replacement.

If they refuse and you decide it's worth suing then you have to follow certain steps first.

Basically you have to send them a formal letter called a "Letter before claim" or a "Letter before action" explaining what the problem is and that they are in beach of s29 of the legislation I linked to above.  You also set out what remedy you want from them (eg refund or replacement).

Then you give them a certain time limit (might be a minimum of 14 days but I'm not sure about that?) and if they haven't complied by then you warn them that you will issue a court claim against them, and that you will also be claiming any costs associated with making that claim.  

Then you wait and see if that budges them.  If it doesn't, you sue them.  (I'm afraid I'm not sure what the fee is for making a claim, but once you've paid it, you include it in any claim you make against Game).

*DPD should have at least taken a photo of the parcel on the doorstep with the door open and preferably your legs beside it.

thank you ever so much for your help - i dont suppose you can help me out with the wording on the letter - i have a fuzzy mind atm with so much going on and work being so demanding atm (night shifts really are a killer and so busy with covid) - id really appreciate your help... thanks ever so much

ParkingMad

Citizens Advice have a template Letter Before Claim here:

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Manxman_in_exile

peculiarpetulia said:

Manxman_in_exile said:

I would argue that that photograph* is clear evidence that DPD did NOT deliver it into your physical possession as required by s29 of the Consumer Rights Act 2015:  Consumer Rights Act 2015 (legislation.gov.uk)

29  Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

(3)Subsection (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4)In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5)Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

(6)See section 2(5) and (6) for the application of this section where goods are sold at public auction

OP - so long as DPD either were chosen by Game, or were chosen by you from a list of couriers provided by Game, then the goods remained at Game's risk until delivered into your physical possession and they are still responsible for them.

email them quoting and linking to the above legislation and TELL them that the law says you are entitled to a refund or a replacement.

If they refuse and you decide it's worth suing then you have to follow certain steps first.

Basically you have to send them a formal letter called a "Letter before claim" or a "Letter before action" explaining what the problem is and that they are in beach of s29 of the legislation I linked to above.  You also set out what remedy you want from them (eg refund or replacement).

Then you give them a certain time limit (might be a minimum of 14 days but I'm not sure about that?) and if they haven't complied by then you warn them that you will issue a court claim against them, and that you will also be claiming any costs associated with making that claim.  

Then you wait and see if that budges them.  If it doesn't, you sue them.  (I'm afraid I'm not sure what the fee is for making a claim, but once you've paid it, you include it in any claim you make against Game).

*DPD should have at least taken a photo of the parcel on the doorstep with the door open and preferably your legs beside it.

thank you ever so much for your help - i dont suppose you can help me out with the wording on the letter - i have a fuzzy mind atm with so much going on and work being so demanding atm (night shifts really are a killer and so busy with covid) - id really appreciate your help... thanks ever so much

You don't need a letter before claim at this stage.

Just email Game and tell them that under s29(2)(a) of the Consumer Rights Act 2015 (give them this link - Consumer Rights Act 2015 (legislation.gov.uk) ) they remained liable for the console until it was delivered into your "physical possession".  The photograph taken by DPD shows a parcel in front of a closed door.  It is not evidence that Game have fulfilled their obligation to you under the legislation to deliver it into your "physical possession", and you further confirm that the console was never delivered to you.  Obviously anyone could have taken it from your doorstep.  (Show them the other photo of how open your doorstep was).  Tell them you want a full refund or a replacement console.

If they try to tell you to take it up with DPD, you tell them it's their problem, not DPD's.

If they do not comply after you have told them the above then you need to decide if you are willing to sue them.  If you are you send them a letter before claim.  (But I suspect they don't understand the law and that once you have pointed it out and sent them the link I give above that they will pay up).

You can find templates anywhere like the one from citizens advice linked to by @ParkingMad.