Returned parcel delivered to neighbour, they sold contents on ebay. Legal case and evidence?

Skypist

So this is not Consumer Rights, because I was the owner of the parcel (not a company).  I sent the contents (a badminton racket) to someone and the courier failed to deliver it (don't ask!), and returned it to sender.  However, the courier just left it inside the porch of another house and took a photo of it.

After tracking and courier contact, I received this photo and GPS of a nearby property which happens to be a camping site business.  Courier only paid out a tiny proportion of the item's worth as usual and said it was "lost".  Drove to the property and the owners just said they hadn't seen any parcel left and have no CCTV.

However, a few days later I found the item had been sold by an ebay user (same item, same postcode, matching serial numbers).  The ebay user, in an exchange of messages about his other products, revealed his name.  His name is a resident (family) of that campsite.

Police informed, crime ref number received, now waiting and waiting for an officer to contact me personally to take this on.  Evidence includes parcel location photo as in their property, tracking to show it should have been delivered elsewhere, ebay screen shot of item sold, serial number photos from me and his ebay listing matching, and screenshots of conversation where he reveals his name.

In your opinion, should this be enough for a prosecution?  This is a real test to see if the police actually act...because for the lack of a witness and CCTV, I've done everything for them.  I don't want this person to steal from me and make money, especially living within half a mile of the intended address.

HampshireH

What delightful neighbours.

What was its value as that may determine if any action gets taken by police. Although you don't hear many cases when police pursue parcel issues.

Skypist

HampshireH said:

What delightful neighbours.

What was its value as that may determine if any action gets taken by police. Although you don't hear many cases when police pursue parcel issues.

Yep, delightful indeed.  the value was 165 GBP.

Grumpy_chap

If this family only lives a few doors away, will pursuing this £165 result in further retribution detriment to the OP that far exceeds the value?
That is not correct, but that is how some families work, and more likely to be so from a family that take in a parcel and happily sell it.

Why did the courier only pay out a small proportion of the value?  Was the item not sent by a properly insured service?

In any event, any claim against the family would be the £165 reduced by the amount already recovered from the courier.

Do you have cover for the loss on home insurance?

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/6442661/couriers-lost-parcels-and-unfair-terms

Small claims against the courier for the remaining value. 

With stolen property my understanding is title does not pass when sold and whoever purchased it on eBay should return it to you (and seek to claim their loss from whoever sold it to them) but whether anyone is going to enforce this is hard to say as I assume the police aren't going to spend too much time chasing a badminton racket  . 

Undervalued

Skypist said:

So this is not Consumer Rights, because I was the owner of the parcel (not a company).  I sent the contents (a badminton racket) to someone and the courier failed to deliver it (don't ask!), and returned it to sender.  However, the courier just left it inside the porch of another house and took a photo of it.

After tracking and courier contact, I received this photo and GPS of a nearby property which happens to be a camping site business.  Courier only paid out a tiny proportion of the item's worth as usual and said it was "lost".  Drove to the property and the owners just said they hadn't seen any parcel left and have no CCTV.

However, a few days later I found the item had been sold by an ebay user (same item, same postcode, matching serial numbers).  The ebay user, in an exchange of messages about his other products, revealed his name.  His name is a resident (family) of that campsite.

Police informed, crime ref number received, now waiting and waiting for an officer to contact me personally to take this on.  Evidence includes parcel location photo as in their property, tracking to show it should have been delivered elsewhere, ebay screen shot of item sold, serial number photos from me and his ebay listing matching, and screenshots of conversation where he reveals his name.

In your opinion, should this be enough for a prosecution?  This is a real test to see if the police actually act...because for the lack of a witness and CCTV, I've done everything for them.  I don't want this person to steal from me and make money, especially living within half a mile of the intended address.

It probably is but that doesn't mean that the police are obliged to act. Obviously vastly more relatively minor crimes are reported to them than they have the resources to deal with so it will depend on their current local policies and also if they are investigating this delightful family for any other reasons.

Even if they do prosecute and secure a conviction that doesn't directly get you your money back.

A far lower standard of proof is needed for you to take civil action against the person that sold the item on eBay and you would seem to have more than enough to do that.

However I would also agree with the poster who urged caution. Even if you win and actually get your money (one doesn't always follow from the other) or indeed if the person is prosecuted and convicted, you are still living close by 24 / 7. Ony you can judge the likely implications, if any.

user1977

As above, the police/prosecution/courts simply don't have enough resources to deal with every trivial matter, even if it's a slam-dunk case. If it's a (presumably) one-off, economic crime, they're likely to decide they have more important fish to fry. You can pursue your own legal action.

Also bear in mind that even if they proceed, minor prosecutions can drag on for months/years.

DullGreyGuy

Why the focus on the opportunistic thief rather than why the courier paid out a tiny amount of the items worth?  It is their actions that facilitated the other party. Did you not declare its value properly?

Skypist

Thanks for all your input guys. As far as your presumptions with the courier…you’re correct. I’ve sent so many rackets with this courier and never had a problem, and didn’t take out extra insurance (actually customer decided not to, but it didn’t even leave Uk to get to him!). 

I could pursue the courier, maybe, but I think recovering from this thief is more likely. Not worried about repercussions locally…family own an outdoors business, rural location, not likely to do anything and probably out of character.

so, if police won’t act I’ll take civil action. But first I’ll confront him with evidence by phone.

Okell

Skypist said:

Thanks for all your input guys. As far as your presumptions with the courier…you’re correct. I’ve sent so many rackets with this courier and never had a problem, and didn’t take out extra insurance (actually customer decided not to, but it didn’t even leave Uk to get to him!)...

@DullGreyGuy didn't ask if you'd taken out extra insurance - they asked whether you had declared the value correctly.

If you read all of the thread linked to by @the_lunatic_is_in_my_head you will see that it isn't necessarily that easy for the courier to avoid liability so long as they knew the value of the item.  It may not be necessary for you to take out extra insurance

DullGreyGuy

Skypist said:

Thanks for all your input guys. As far as your presumptions with the courier…you’re correct. I’ve sent so many rackets with this courier and never had a problem, and didn’t take out extra insurance (actually customer decided not to, but it didn’t even leave Uk to get to him!). 

I could pursue the courier, maybe, but I think recovering from this thief is more likely. Not worried about repercussions locally…family own an outdoors business, rural location, not likely to do anything and probably out of character.

so, if police won’t act I’ll take civil action. But first I’ll confront him with evidence by phone.

https://www.moneysavingexpert.com/reclaim/should-i-get-parcel-protection-insurance/ 

As noted above there are arguments about duty of care even if you didnt buy insurance as long as you declared the value appropriately. Couriers are much more likely to payout than trying to get a CCJ against a random person that seems to live on a campsite (and assuming it's not the owners of the campsite). 

Really the choice of insurance or not is yours as the sender not the buyers. In most cases if you send something and it never arrives its your pocket the cost will come from, you can't shrug and say the buyer should have opted for insurance.