Courier "lost" high value parcels

sheramber

Civic2056 said:

It's a safe area. 

Obviously not since it was lifted by the wrong person.

born_again

Civic2056 said:

tightauldgit said:

OK so first of all no it's not theft. It's a mistake. Mistakes happen with couriers. The police will not want to know and even if they did that won't help get the item or your money back. 

Second, I don't see that the insurance policies of the courier that took the item are at all relevant. You had no contract with them to deliver the item, did not sign up to accept any of their terms and did not agree to them taking the item.  ETA: I'm confused here. You say 'he was insured' but how can he possibly be insured for an item he didn't ask the courier to pick up? 

Now assuming that the items were properly labelled and it was clear (or should have been clear) to the courier which item they were to take and which items were for someone else then your case is that their error caused you a loss and they should compensate for that loss to the value of the item. 

The matter over which company took the item wrongly is important. If you are taking the wrong company to court you won't get anything and the case will be dismissed. You need to take action against the company that wrongly took the item and made the error.

This is the thing.
The parcels were booked via a comparison site which finds the cheapest courier site.
The comparison site subsequently hired the cheapest courier, namely Courier A.
Courier A arrived to pick up the parcel meant for them but also picked up one meant for another Courier, Courier B.
Courier A is arguing that the claimant, my brother, never entered into a contract with Courier A instead entering into a contract with the parcel comparison site, thus he cannot take legal action against Courier A and must take action against the parcel comparison site
However it's clearly got nothing to do with the parcel comparison site, it's to do with the driver simply picking up the wrong parcel, and Courier A not wanting to admit they made a mistake which would cost them £500, which is really a very insignificant amount for a company of its size

Kind of important information "It was by a comparison site" Better read the T/C of the site & who he paid.

But even so Courier A did not have a insurance (if it was then you would have FOS complaint route) so this is more likely compensation on item.
Makes no difference as the item was not coved by Courier A, it was covered by courier B, who have never picked it up.

visidigi

Civic2056 said:

tightauldgit said:

OK so first of all no it's not theft. It's a mistake. Mistakes happen with couriers. The police will not want to know and even if they did that won't help get the item or your money back. 

Second, I don't see that the insurance policies of the courier that took the item are at all relevant. You had no contract with them to deliver the item, did not sign up to accept any of their terms and did not agree to them taking the item.  ETA: I'm confused here. You say 'he was insured' but how can he possibly be insured for an item he didn't ask the courier to pick up? 

Now assuming that the items were properly labelled and it was clear (or should have been clear) to the courier which item they were to take and which items were for someone else then your case is that their error caused you a loss and they should compensate for that loss to the value of the item. 

The matter over which company took the item wrongly is important. If you are taking the wrong company to court you won't get anything and the case will be dismissed. You need to take action against the company that wrongly took the item and made the error.

This is the thing.
The parcels were booked via a comparison site which finds the cheapest courier site.
The comparison site subsequently hired the cheapest courier, namely Courier A.
Courier A arrived to pick up the parcel meant for them but also picked up one meant for another Courier, Courier B.
Courier A is arguing that the claimant, my brother, never entered into a contract with Courier A instead entering into a contract with the parcel comparison site, thus he cannot take legal action against Courier A and must take action against the parcel comparison site
However it's clearly got nothing to do with the parcel comparison site, it's to do with the driver simply picking up the wrong parcel, and Courier A not wanting to admit they made a mistake which would cost them £500, which is really a very insignificant amount for a company of its size

I am afraid it has everything to do with the parcel comparison site. Your brother has no contract with the carrier. The driver wouldnt have picked up the package at all unless instructed to do so by the parcel comparison site who are the ones who are paid and sub contract the work.

If you want to benefit of the couriers services directly you have to pay them directly.

Being at school is not an excuse - and the size of the company sub contracted doesn't change your rights or entitlement.

Unfortunately I don't see you getting anywhere with this claim at all.

Civic2056

born_again said:

Civic2056 said:

tightauldgit said:

OK so first of all no it's not theft. It's a mistake. Mistakes happen with couriers. The police will not want to know and even if they did that won't help get the item or your money back. 

Second, I don't see that the insurance policies of the courier that took the item are at all relevant. You had no contract with them to deliver the item, did not sign up to accept any of their terms and did not agree to them taking the item.  ETA: I'm confused here. You say 'he was insured' but how can he possibly be insured for an item he didn't ask the courier to pick up? 

Now assuming that the items were properly labelled and it was clear (or should have been clear) to the courier which item they were to take and which items were for someone else then your case is that their error caused you a loss and they should compensate for that loss to the value of the item. 

The matter over which company took the item wrongly is important. If you are taking the wrong company to court you won't get anything and the case will be dismissed. You need to take action against the company that wrongly took the item and made the error.

This is the thing.
The parcels were booked via a comparison site which finds the cheapest courier site.
The comparison site subsequently hired the cheapest courier, namely Courier A.
Courier A arrived to pick up the parcel meant for them but also picked up one meant for another Courier, Courier B.
Courier A is arguing that the claimant, my brother, never entered into a contract with Courier A instead entering into a contract with the parcel comparison site, thus he cannot take legal action against Courier A and must take action against the parcel comparison site
However it's clearly got nothing to do with the parcel comparison site, it's to do with the driver simply picking up the wrong parcel, and Courier A not wanting to admit they made a mistake which would cost them £500, which is really a very insignificant amount for a company of its size

Kind of important information "It was by a comparison site" Better read the T/C of the site & who he paid.

But even so Courier A did not have a insurance (if it was then you would have FOS complaint route) so this is more likely compensation on item.
Makes no difference as the item was not coved by Courier A, it was covered by courier B, who have never picked it up.

But the label on the parcel would have quickly determined as to who the parcel was for

Civic2056

visidigi said:

Civic2056 said:

tightauldgit said:

OK so first of all no it's not theft. It's a mistake. Mistakes happen with couriers. The police will not want to know and even if they did that won't help get the item or your money back. 

Second, I don't see that the insurance policies of the courier that took the item are at all relevant. You had no contract with them to deliver the item, did not sign up to accept any of their terms and did not agree to them taking the item.  ETA: I'm confused here. You say 'he was insured' but how can he possibly be insured for an item he didn't ask the courier to pick up? 

Now assuming that the items were properly labelled and it was clear (or should have been clear) to the courier which item they were to take and which items were for someone else then your case is that their error caused you a loss and they should compensate for that loss to the value of the item. 

The matter over which company took the item wrongly is important. If you are taking the wrong company to court you won't get anything and the case will be dismissed. You need to take action against the company that wrongly took the item and made the error.

This is the thing.
The parcels were booked via a comparison site which finds the cheapest courier site.
The comparison site subsequently hired the cheapest courier, namely Courier A.
Courier A arrived to pick up the parcel meant for them but also picked up one meant for another Courier, Courier B.
Courier A is arguing that the claimant, my brother, never entered into a contract with Courier A instead entering into a contract with the parcel comparison site, thus he cannot take legal action against Courier A and must take action against the parcel comparison site
However it's clearly got nothing to do with the parcel comparison site, it's to do with the driver simply picking up the wrong parcel, and Courier A not wanting to admit they made a mistake which would cost them £500, which is really a very insignificant amount for a company of its size

I am afraid it has everything to do with the parcel comparison site. Your brother has no contract with the carrier. The driver wouldnt have picked up the package at all unless instructed to do so by the parcel comparison site who are the ones who are paid and sub contract the work.

If you want to benefit of the couriers services directly you have to pay them directly.

Being at school is not an excuse - and the size of the company sub contracted doesn't change your rights or entitlement.

Unfortunately I don't see you getting anywhere with this claim at all.

I Well, someone asked where he was so I answered.
How does it have anything to do with the parcel comparison site? The label on the parcel would have quite clearly shown it was intended for a different destination and via a different courier. If the delivery person doesn't check that, then clearly that is the company's fault, regardless of who the policy was for. 

elsien

Just because I’m still confused, did you book both couriers through the price comparison website?

And what do the price comparison website terms and conditions say about who the contract is with, because that is what it is likely to come down to. Whether you are contracted with them or whether the terms and conditions make it clear that they are just an intermediary and your contract is with the third-party.

So just as an example, one comparison site says

”*company* may be liable for loss, damage or delay caused to the Consignment. However, *company* will have a defence and shall not be liable if the loss, damage or delay was caused:

• by the wrongful act or neglect of Customer;

 And there is certainly a question around whether leaving two parcels together for different couriers was the best way to be going on. 

Yes, they should have checked.
But adding a potential layer of confusion could’ve been avoided.

You really need to be scrutinising the wording of which ever site you booked with. 

k12479

Civic2056 said:
 If the delivery person doesn't check that, then clearly that is the company's fault, regardless of who the policy was for. 

Amongst the blame, insults and excuses you so readily throw around, you don't seem to be getting this - it is at least partially your brother's fault for not ensuring the right parcel was securely handed to the right courier.

Civic2056

elsien said:

Just because I’m still confused, did you book both couriers through the price comparison website?

And what do the price comparison website terms and conditions say about who the contract is with, because that is what it is likely to come down to. Whether you are contracted with them or whether the terms and conditions make it clear that they are just an intermediary and your contract is with the third-party.

So just as an example, one comparison site says

”*company* may be liable for loss, damage or delay caused to the Consignment. However, *company* will have a defence and shall not be liable if the loss, damage or delay was caused:

• by the wrongful act or neglect of Customer;

 And there is certainly a question around whether leaving two parcels together for different couriers was the best way to be going on. 

Yes, they should have checked.
But adding a potential layer of confusion could’ve been avoided.

You really need to be scrutinising the wording of which ever site you booked with. 

Reviewing the footage, I can clearly see the driver checking the labels of each parcel, even the one which was labelled with a DIFFERENT courier. Either they didn't look at it carefully enough or knew it wasn't theres, and took it, aka, theft. I don't understand why they've put a preference for there court to be in Bristol - does that mean they're essentially taking us to court, rather than the other way round? 

The contract is with the parcel courier website. The parcel courier website then sign a contract with the courier. Perhaps then we would need to contact the parcel courier who could then take action against the courier in question? I don't know. The courier is saying my brother's contract was with the website not them as a courier. There's no denial or admittance it's clearly them trying to deny any involvement via a technicality, I don't know how common this is in these cases before they get to court. 

Civic2056

k12479 said:

Civic2056 said:
 If the delivery person doesn't check that, then clearly that is the company's fault, regardless of who the policy was for. 

Amongst the blame, insults and excuses you so readily throw around, you don't seem to be getting this - it is at least partially your brother's fault for not ensuring the right parcel was securely handed to the right courier.

Where have I insulted anyone here?
In the footage the delivery driver checks the labels on all parcels. Unless he is blind or just didn't look closely enough, he would have known one of the parcels was not for him but took it anyway. I must imagine it is difficult to prove theft via courier as we essentially entrust them to take goods that aren't there's and deliver to them to people etc

jon81uk

Assuming the "comparison site" is something like Parcels2go, then your contract is with them not the courier.
read the terms and put a claim in to them
Terms & Conditions (parcel2go.com) 
How Can We Help? | Service Centre | Parcel2Go

The courier is correct, it has nothing to do with them, you need to claim from the company you paid.

Also as others have said, assuming the delivery person will read a label is very poor business. A company should have someone available to manage pick ups and ensuring the right thing is given to the right person.