Parcel left on doorstep-not there when i got home

Undervalued

Bexxie1979 said:

Hi-i ordered a jacket for my husband to be for our upcoming wedding last week, with DPD delivery. The company was a clothing retailer called JulesB.

When the message came through with the delivery date (6 days later but that's another story!) I realised i would be at a hospital appointment so updated my preferences to "leave with neighbour" or "leave in porch"

I received a text whilst out to say it had been delivered and left in my porch, but the photo sent was my parcel sitting on my doorstep/driveway. 

When I returned home later that day it had gone, presumably stolen! 

I have been in touch with the retailer who has said that they have contacted DPD who said it was left in a safe place, and as i had specified a safe place they cannot be held responsible for it going missing.

The jacket was a lot of money (for me anyway!) and i'm now panicking as our wedding is only 3 weeks away!

Where do I stand with my consumer rights?

Your claim is against the retailer. They in turn may have a claim against DPD but, whether they do or not doesn't affect the retailer's legal responsibilities to you.

So, as other have suggested, unless DPD's photo could reasonably be interpreted as showing the parcel in a porch it simply proves that they didn't follow your instructions.

Bexxie1979

Thank you for all of your replies. I fear I’m going to be in a bit of a battle. So frustrating and upsetting.

This is a picture of the message I received in the hospital from the DPD driver. And the other picture is the front of my house and the offending porch. 

Bexxie1979

The message i received from the retailer:

Please note, in line with our Delivery Policy, our couriers ensure that your goods are correctly signed for thus ensuring that your parcel is in safe hands. Jules B does not accept liability for any delivery instructions issued to the delivery company by the customer. If you leave instructions requesting a parcel to be left in a location (eg shed, garage, neighbour etc) we cannot accept responsibility if you fail to receive your parcel.

 

in_my_wellies

'In front porch', was maybe read as 'in front of porch' 

JustAnotherSaver

in_my_wellies said:

'In front porch', was maybe read as 'in front of porch' 

Yeah it's frustrating when you deal with people who don't read properly or just don't care. I have this every day of the week with people I work with.

Regards the porch, I'm glad I read this thread because it's shown me that to just say "porch" - people will visualise different things.

As a result I'll be careful how I word instructions from now on.

What I have actually started doing is using what3words, especially as the address I have goods delivered to is not found on a map, has no house number.

So say I buy from Amazon like I've done this week - there's a section to enter in delivery details, so i'll just add: "what3words approx. location: blah.blah.blah".

Should get them closer than a post code (which they'll also have). Just have to hope they know about & have the app.

Ergates

It may have been read as that, but it doesn't say that.    If you leave delivery instructions and the courier doesn't follow them, I don't see how that would absolve them of responsibility.  If they'd have put it in in the porch, as per the instructions, and the parcel went missing then they could push the responsibility back onto you, but that isn't what happened.

NBLondon

Agreed - that picture shows the parcel is not in the porch, it is outside the door to the porch.  So it was not in a safe place.

Bexxie1979 said:

The message i received from the retailer:

Please note, in line with our Delivery Policy, our couriers ensure that your goods are correctly signed for thus ensuring that your parcel is in safe hands. Jules B does not accept liability for any delivery instructions issued to the delivery company by the customer. If you leave instructions requesting a parcel to be left in a location (eg shed, garage, neighbour etc) we cannot accept responsibility if you fail to receive your parcel.

 

Push back to the retailer then...

The item was not signed for - correct?  Then it remains at the retailers risk according to their own policy.

ThumbRemote

It's quite clear that DPD haven't complied with the instructions given, and the retailer are trying to disclaim all responsibility. 

If you paid by card, maybe talk to the card issuer about a Section 75 claim or chargeback. Otherwise (and maybe after the wedding) commence small claims action against the retailer. There's not a chance of them winning, they probably won't even try to defend the claim. 

born_again

ThumbRemote said:

It's quite clear that DPD haven't complied with the instructions given, and the retailer are trying to disclaim all responsibility. 

If you paid by card, maybe talk to the card issuer about a Section 75 claim or chargeback. Otherwise (and maybe after the wedding) commence small claims action against the retailer. There's not a chance of them winning, they probably won't even try to defend the claim. 

Wondered how long before that was mentioned.

It's destined to failure as there is proof of delivery. That is all that matters.

Richard_T_

If the instruction was to leave it in the porch then a photo of it outside the porch does not show delivery

Delivery is when it is either left as instructed, or in the hands of either the person who ordered it, or another nominated person .

To put it bluntly the package has  not been delivered and the retailer will have to either organise the correct delivery of the goods ordered or issue a refund .

 The sale contract is between the customer and the retailer the customer has no contract with the delivery agent.