Delivery drive lied about me returing an itea

PHK

I don't think they use Royal Mail. 

Whitebeast

sheramber said:

Royal Mail have not asked for signatures since the requirement was abandoned during covid.

A photograph was substitued for a signature.

The fact hey did not comply with Sky's deivery instructions is Sky's problem. You / your mum  not have that  contract with RM.

Also, you have admitted you did receive it.

Unfortunately, you do not have any proof of refusing delivery and the postman takinh the item away again.  

. Refusing delivery is not the same as returning an item.  You have used both terms. 

I expect the parcel is somewhere in the RM system that undelivered items are  passed to , as the parcel would not be addressed to Sky.

Hopefully, there is something inside the parcel to identify it should go to Sky's depot ,  and will turn up at some point.

It was DPD Not royal Mail they also said it was given n delivered and received to my mom and that she accepted it, When it was me that took it in which I shouldnt of been allowed to by there own rules. So this shows they did not do the correct delivering procedure I could of been a friend or anyone visting the house and was given it as its ££ product thats why it was said it needed to be given to my mom with ID. this never happend. Imo this shows that the person who brought it can not be trusted ?

Ayr_Rage

Playing Devil's Advocate, Sky will have advised you in advance of the ID requirements and as you could not provide them you, both you and DPD should have abandoned the delivery.

RefluentBeans

I think the ‘their own rules’ is a red herring, and is not of much importance here, just makes the discussions more complicated. 

To confirm, you didn’t ‘accept’ the delivery but instead opened up the package, in front of DPD, and then gave them back an opened package and said you’re refusing delivery for this one, but accepting the other one? 

I find it strange as a) most drivers have quite tough quotas to hit, and their times are often a heavily tracked KPI - surprised they’d want to stick around whilst you open parcels to be honest. b) surprised they let you open a package before accepting delivery - to me if you start opening packages then you have probably ‘accepted’ the delivery. c) surprised they’d take an open box back - an open box means the phone can easily fall out, and is no longer packaged well. 

Basically, are you sure, 100%, that you didn’t accept both parcels. Like what does the tracking say for each one? 

The fact is prior to delivery, the risk lies with Sky. They have a duty to get you the product securely and safely. The risk transfers to you when it’s in your possession. The actual way this occurs is a contested issue though, especially with the advent of photographic evidence acting as a proof of delivery - does delivering to a property count for the purposes of risk transfer? This question has been asked and thoroughly discussed on here before, and I don’t think there’s a solid yes or no answer; and will likely depend on the situation. 

But in your case, I would say that the risk probably did transfer when you started opening parcels. I appreciate why you had to open parcels to find the right phone, but I think by doing so you have accepted the risk transference. You need to check the tracking - see if DPD did acknowledge that one phone was taken back (it’ll have a phrase like ‘delivery refused’ or just a plain ‘return to sender’. If it says delivered and you signed/photo taken with you cutting the boxes open, I think that would be sufficient for them to support their ‘it was delivered’ claim. 

If that is the case, the risk has transferred to you. And you should’ve taken care as much as a reasonable person would (not opening the product, and protecting it from damage) and contacted Sky to tell them to get their phone. Unfortunately you then attempted to return to sender it. This is then hard as the package was open, so you failed to send it securely. But you also haven’t really got a ‘contract’ with DPD (maybe you do, but it’s very complicated); and their tracking doesn’t do great with tracking return to sender. 

If the package was open when it was sent back, it wouldn’t surprise me if it got sin binned to avoid clogging up the automated systems if one of the parts of the box gets trapped, and so is waiting for someone to manually sort it out. Or the driver may have stolen the parcel - it’s not unheard of, especially for a new iPhone (but be very careful with this accusation, accusing someone’s company of stealing is a good way to burn bridges). 

As to what to do next - check the tracking. Forget the ‘yiu broke your own rules’ - it doesn’t add much to the situation. And I would keep pushing with Sky. 

cannugec5

I have been asked by couriers in the past to open packages in front of them in case of any issues ( packaging was seriously damaged). 

I also think that a parcel from Sky or other major retailer will have a return address on the OUTSIDE- although this might need highlighting to prevent re-delivery to the OP. It became a requirement a number of years back.