Courier "lost" high value parcels

sheramber

Your brother is not yet 18

He was in school

This courier was used by my brother's business.  

 Was this a business transaction?  


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

Normally, the hearing will be at the defendant’s nearest county court but the judge will consider moving it if there’s a good reason to.

Civic2056

sheramber said:

Your brother is not yet 18

He was in school

This courier was used by my brother's business.  

 Was this a business transaction?  


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

Normally, the hearing will be at the defendant’s nearest county court but the judge will consider moving it if there’s a good reason to.

Yes, this is business to business. 
We, his family, are initiating legal action on his behalf though I suspect by the time a case is arranged he will be 18 

 

jon81uk

Civic2056 said:

sheramber said:

Your brother is not yet 18

He was in school

This courier was used by my brother's business.  

 Was this a business transaction?  


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

Normally, the hearing will be at the defendant’s nearest county court but the judge will consider moving it if there’s a good reason to.

Yes, this is business to business. 
We, his family, are initiating legal action on his behalf though I suspect by the time a case is arranged he will be 18 

 

Who are you taking legal action against as you don’t seem sure who your contract is with anyway. 

Or are you just going for theft of unattended property?

Civic2056

jon81uk said:

Civic2056 said:

jon81uk said:

Civic2056 said:

jon81uk said:

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.

Why is the claim with them though as the comparison site did not pick up the parcel. Surely the site will just redirect us to the courier and we'll be stuck in a cycle of each courier/company blaming each other

Because that is who you likely paid (I assume as you haven't named the comparison site used). So you use their claims procedure.

But yes it is likely that due to your brothers negligence of not ensuring staff were there to hand over the parcel you are going to end up stuck.

Staff? It's only him lol. It's not his job to ensure someone else does their job, someone he does not employ. It's a simple enough mistake if it is one

If it is only him then it is his responsibility to hand over the correct parcel.

At work if I am having something collected I tell the person in the post room that DHL are coming to collect this and I expect the post room staff to ensure the correct item is handed over. I would never expect the courier to guess at which item is theirs.

You would if it's clearly labelled and they actually read it . It's the same as if a mail worker at a sorting centre misplaces an item. No one will say that it's the sender's fault for not supervising the mail worker. There's nothing in the contract which says the customer or business rep should be there to oversee the collection so IMO it's irrelevant as to whether my brother was there or not from a legal point of view. Was it wise , probably not in hindsight but this incident was the first time it happened and it's only recurred for a second time after. 

This is why I think it's the courier taking it to court to settle as they've put down a court for hearing rather than us choosing one. So it seems like it's guaranteed to be heard and decided on some way

pinkshoes

I'm not sure why all the posts and confusion. It seems relatively straight forward.

Courier A has taken something that did not belong to them, albeit by accident.
Courier A has been negligent and lost the item that they took that did not belong to them, so cannot return it.

The OP has taken Courier A to court for the value of the item that they lost, but Courier A is claiming that they are suing the wrong entity.

The comparison site thing is a red herring. This has nothing to do with the actual contracts of courier A and courier B. It is a case of a mistake made by someone working for courier A turning into negligence. 

Civic2056

pinkshoes said:

I'm not sure why all the posts and confusion. It seems relatively straight forward.

Courier A has taken something that did not belong to them, albeit by accident.
Courier A has been negligent and lost the item that they took that did not belong to them, so cannot return it.

The OP has taken Courier A to court for the value of the item that they lost, but Courier A is claiming that they are suing the wrong entity.

The comparison site thing is a red herring. This has nothing to do with the actual contracts of courier A and courier B. It is a case of a mistake made by someone working for courier A turning into negligence. 

This is my point. The contents of the contract is irrelevant. It is irrelevant as to whether my brother entered into a contract with courier a directly or the website and the website entered the contract. 

If I went to pursue the website I can almost guarantee they would tell me to pursue courier a. 

jon81uk

pinkshoes said:

I'm not sure why all the posts and confusion. It seems relatively straight forward.

Courier A has taken something that did not belong to them, albeit by accident.
Courier A has been negligent and lost the item that they took that did not belong to them, so cannot return it.

The OP has taken Courier A to court for the value of the item that they lost, but Courier A is claiming that they are suing the wrong entity.

The comparison site thing is a red herring. This has nothing to do with the actual contracts of courier A and courier B. It is a case of a mistake made by someone working for courier A turning into negligence. 

So effectively a civil claim for theft. 

Civic2056

jon81uk said:

pinkshoes said:

I'm not sure why all the posts and confusion. It seems relatively straight forward.

Courier A has taken something that did not belong to them, albeit by accident.
Courier A has been negligent and lost the item that they took that did not belong to them, so cannot return it.

The OP has taken Courier A to court for the value of the item that they lost, but Courier A is claiming that they are suing the wrong entity.

The comparison site thing is a red herring. This has nothing to do with the actual contracts of courier A and courier B. It is a case of a mistake made by someone working for courier A turning into negligence. 

So effectively a civil claim for theft. 

Well surely by nature theft is criminal? This is why I said we are probably going to report it to police even if they can do very little. But then it comes back to the point you have to prove intent. I think now I now from the footage the driver actually checks the label of the package so knows it isn't meant for his company adds value to that but then surely you'd be looking at taking action against the individual as a criminal case ? 

Obviously DPD aren't going to disclose who the driver is, at this point anyway, if we go to court in a civil case and it's concluded that it is theft etc would it be the driver being charged and then company paying out etc?

born_again

Civic2056 said:

jon81uk said:

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.

Why is the claim with them though as the comparison site did not pick up the parcel. Surely the site will just redirect us to the courier and we'll be stuck in a cycle of each courier/company blaming each other

In your OP 
> , is there anything anyone can advise here? <

Yet the above you are arguing against the very advise that is correct.

Civic2056

born_again said:

Civic2056 said:

jon81uk said:

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.

Why is the claim with them though as the comparison site did not pick up the parcel. Surely the site will just redirect us to the courier and we'll be stuck in a cycle of each courier/company blaming each other

In your OP 
> , is there anything anyone can advise here? <

Yet the above you are arguing against the very advise that is correct.

The advice to pursue parcel2go makes no sense. As the other poster said this is actually a very simple case and the way I explained it probably didn't help: the courier we are suing tookba parcel that was meant for another courier. I can't see the relevance of how the parcel collection was arranged changing the fundamental crux of the case.