Lost package - NO COMPENSATION

Williebhoy1967

Hi there, I sent a small package from Falkirk to Central Glasgow via Packlink

Unfrotunately the delivery was to an address on the 9th foor of a multi-storey tower block - It would appear the driver decided it was too much hassle to deliver so stated he could not find the address !!!

Before I could make arrangements for the package to be left for collection at a local drop off point, I was informed it was be returned to me !!

During this process Packlink LOST my parcel, then subsequently sent me a notifcation that it had been delivered to my address - Which was completely incorrect.

Now after a further month of emailing them, trying to explain that their internal system was useless as the Tracking number was failing to  be accepted in the claims system, but clearly shows they HAD my package. I have since received notificatioon that they had carried out ALL their contractual obligations (Surely deliver or return th package to Buyer or Owner) ??? and that as such NO Compensation can be reimbursed, when it is clear that THEY have lost my item ???

Surely I have a right to be not only compensated to the value of the item £ 140 + Delivery charges, but also compensation for the time taken from collection 26th October to now 2nd December - Bad enough they could not deliver, worse still they have lost it, but now to claim I am not due anything due to their incompetence is totally unacceptable.

eskbanker

Your rights will be determined by the Ts & Cs of the service that you signed up for, so that's where to look for what you're entitled to in such circumstances.

born_again

So Packlink are a 3rd party comparison site.

Who's Terms of Use of the Website are subject to Spanish law.

Did you take out their "Insurance"?
Not something sent that is on the prohibited list?

the_lunatic_is_in_my_head

Worth a read OP

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

Problem is Packlink is a Spanish company and whilst Spanish law should be similar to ours filing court claims in Spain is obviously not straightforward. 

eBay teams with Packlink, @soolin might know more on whether UK users have any further recourse. 

Williebhoy1967

I didn't take out insurance, the item was a heater sold for £ 135 I have now been informd they are willing to pay £ 25 compensation and about £ 2.50 for the postage.

Given they couldn't "find" the address in Central Glasgow, then lied about returning it to me, before admitting they had lost the item. I still think this is poor from Yodel

Aylesbury_Duck

Williebhoy1967 said:

I didn't take out insurance, the item was a heater sold for £ 135 I have now been informd they are willing to pay £ 25 compensation and about £ 2.50 for the postage.

Given they couldn't "find" the address in Central Glasgow, then lied about returning it to me, before admitting they had lost the item. I still think this is poor from Yodel

If that's what you're entitled to under the terms you agreed to, then that's it.  The terms probably say that compensation is limited to £25 so you should take out insurance if you want the true value covered.

A_Geordie

Given that you have posted on the consumer sub-forum I am going to assume you contracted with Packlink as a consumer, rather than a business/trader. Going to go against what everyone else has said already and throw a few things out there.

1. As a consumer, you would not be bound by Spanish law, despite Packlink being a Spanish company. Their website clearly directs activities towards consumers in the UK. EU Rome I Regulation was retained following Brexit and in particular Article 6 says: 

... a contract concluded by a natural person for a purpose which can be regarded as being outside his trade or profession (the consumer) with another person acting in the exercise of his trade or profession (the professional) shall be governed by the law of the country where the consumer has his habitual residence, provided that the professional:

(a) pursues his commercial or professional activities in the country where the consumer has his habitual residence, or

(b) by any means, directs such activities to that country or to several countries including that country

But unless they have a physical presence in the UK, you will likely struggle to recover anything. If you did issue a claim and were successful, perhaps a Third Party Debt Order against one of the couriers to hand over any monies they owe to Packlink (that's if they even have any contractual relationship in which they owe money) could be a way of recovering your losses. Bit of a faff though as you won't be able to issue a claim using Money Claims Online and will need to follow the rules around serving the claim form out of the jurisdiction. 

2. An alternative option would be to pursue a claim directly against Yodel (if that was the courier used) under the Tort (Interference of Goods Act) 1977 and the claim would be in negligence in so far as it relates to damage to the goods i.e. loss or misplacement of the parcel. You have a possessory interest in the goods until such time it has been received by the buyer. As a sub-bailee (you are the bailor and Packlink is the bailee), Yodel would owe you a duty of care to the goods and assuming they were lost in their possession, they owe you compensation for the amount sold for. The burden of proof would be on Yodel to show you did not have an interest in the goods.

Out of the two options, the second is probably your better option since Yodel have operations in the UK so there will be a local address you can use to issue the claim. 

If Yodel try to argue that their terms excludes or limits liability for negligence, you can refer to Section 65(2) of the Consumer Rights Act 2015, and then refer to the Competition and Market Authority's guidance on unfair terms as part of your argument, in addition to that county court decision referenced by @the_lunatic_is_in_my_head.

user1977

A_Geordie said:

2. An alternative option would be to pursue a claim directly against Yodel (if that was the courier used) under the Tort (Interference of Goods Act) 1977 

Seems unlikely for a parcel which (we presume!) never left Scotland:

https://www.legislation.gov.uk/ukpga/1977/32/section/16

A_Geordie

user1977 said:

A_Geordie said:

2. An alternative option would be to pursue a claim directly against Yodel (if that was the courier used) under the Tort (Interference of Goods Act) 1977 

Seems unlikely for a parcel which (we presume!) never left Scotland:

https://www.legislation.gov.uk/ukpga/1977/32/section/16

Very good point but the T&Cs of Yodel are governed by English law, which the OP could seek to rely as a means to impose the TIGA and thus making any relevance of the goods either leaving or remaining within Scotland redundant.