Getting a CCJ against Evri

pinkshoes

Clive_Woody said:

pinkshoes said:

baward said:

No. I realise I should have done, but they still lost the item, and the photo they sent as proof of delivery was not the item I sent.

I appreciate they lost the item, but at the time of booking, it says:



If you took them to court you would need to prove they were negligent rather than the loss of the parcel being just an unfortunate loss.

Does delivering the wrong parcel and taking a photo of this not count as negligence? Or is this just acceptable incompetence from Evri?

Not really. That's just a mistake. The correct parcel is still missing.

EVRI don't deliberately lose parcels but occasionally parcels go missing.

Negligence would be leaving a parcel out on a doorstep on a busy street where anyone could take it. Our local EVRI driver has to take a photo of the parcel inside an open door!

GDB2222

On a practical basis, if you do issue a county court claim, it’s expensive for evri to defend it. 

It’s more expensive than £140, assuming that they employ someone legally experienced. That’s even if they employ someone in-house and cost their time properly.

An outside solicitor would charge much more.

The hearing would be local to you, the claimant, so if they wanted to send someone to represent them, that could be a day out of the office.  On the other hand, they may just send a letter to the court explaining their terms and conditions. They may have a standard letter prepared for the purpose, as you would not be the first person to lose a parcel with them.

So, they may just cave in, and pay up, as that’s the cheaper option.  However, they also don’t want to be seen as a soft touch that always pays up, regardless of the merit of the case. So, they may decide to defend your case. 

Your cost of issuing proceedings is The £35 court fee, plus a stamp for sending a letter before action. I wouldn’t send the LBA signed for. That’s a waste of money, and in any case they don’t have to sign for it, so your letter will then not get delivered.

So, do you want to gamble £36 on the chance that they take the commercial decision to pay up rather than defend the case?

tightauldgit

baward said:

Does delivering the wrong parcel and taking a photo of this not count as negligence? Or is this just acceptable incompetence from Evri?

The fact they took a photo of the wrong parcel doesn't really change the fact that the parcel in question was lost so I don't see that it really matters other than to show Evri as being a bit shady/useless. Parcels get lost. That's why you insure them. 

If EVRI had a policy of throwing all uninsured parcels in a big fire rather than delivering them then you may well have a claim for negligence but if they've made their best efforts to deliver it and it's gotten lost then that's what the insurance is there for. 

To me as a layman, they seem to have dropped the ball by telling me that "your parcel has been delivered and signed for at the delivery address”, when neither event is factually true.

No, all that proves is that there has been a mix up somewhere and now they don't know where your parcel is - i.e. it's lost.

But EVRI are not apparently denying they've lost it now so the only open question is whether EVRI's offer of partial compensation is fair/legal.