Parcel force - damaged item

MissRikkiC

So I arranged for collection and delivery of an item through PF and paid for insurance for items value - £2000. 

The box was packaged using their guidance, a thick box externally, internally there was bubble wrap, polystyrene corners, polystyrene sheets, shredded cardboard and inserts however the parcel arrived with me, considerably damaged. The parcel weighed 30kg and was made mostly of stainless steel and cast iron. The pieces which have been damaged are 5-7mm thick screws that are approx 25mm long and there is 4. Think 4 legs to a unit. All 4 are bent in the same direction. 

There is also 2 runners which are also made from stainless steel and are approx 100mm long and approx 3/4mm thick and these too are bent in the same direction.

Given it’s weight I beleive the item to have been mishandled. 

Despite following PFs instructions when packaging the item, they will not compensate for the item using their claims service. They are stating that the external and internal packaging wasn’t sufficient. They are also suggesting that due to this, the insurance I purchased for this item was invalid. 

I have appealed their decision however the appeal hasn’t been upheld either stating similar to above but that I needed to have used double walled cardboard externally however no where is this stated. 

I am absolutely distraught. I followed their instructions, when packaging the item, I purchased insurance due to its value and now it’s not going to be compensated for. The insurance is invalid because of the packaging however given that I believe that it’s been dropped, I’m not sure anything could have prevented it being damaged therefore the insurance wouldn’t have been able to be utilised anyway. 

Can anyone help with this? Where do I go from here? I am so upset  

user1977

Letter befor action and then small claim.

What's the value of the damage?

MissRikkiC

The item is not working as it should due to the damage so I’d be looking to claim the purchase price back of £2000. It was a used machine otherwise new is £4500. 

Do I issue a letter stating that I’m raising a small claim? 

the_lunatic_is_in_my_head

MissRikkiC said:

Do I issue a letter stating that I’m raising a small claim? 

Hello OP

Yes it's a letter before action, templates on Google

Just to note these couriers don't sell insurance, they sell parcel cover, but the main point is that (assuming you are a consumer) the service must be carried out with due care and skill as per the Consumer Rights Act:

https://www.legislation.gov.uk/ukpga/2015/15/section/49

(1)Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

and this term can not be excluded:

https://www.legislation.gov.uk/ukpga/2015/15/section/57

57Liability that cannot be excluded or restricted

(1)A term of a contract to supply services is not binding on the consumer to the extent that it would exclude the trader's liability arising under section 49 (service to be performed with reasonable care and skill).

and where this isn't case you may claim foreseeable damages (i.e the damage to your property). 

I had a look and couldn't see anything about double walled boxes, they do mention using a box appropriate for the weight further mention wooden crates depending upon the weight.

I am of the opinion that in 99% of cases damage in transit is due to not being packaged correctly, the rest will be where the parcel has been significantly abused (e.g run over by a fork lift), ultimately if PF refuse to refund and you do file through small claims it will depend upon who the court believes which will likely depend upon who articulates themselves best.

Parcelforce will obviously quote their guidelines and maybe argue 30kg is at the top end of weight so you'd need to be able to counter with some proof of how the parcel was packaged.

You might wish to post here:

https://www.consumeractiongroup.co.uk/forum/183-postal-and-delivery-services/

as there seems to at least one poster who is knowledgeable on making court claims against couriers. 

user1977

MissRikkiC said:

The item is not working as it should due to the damage so I’d be looking to claim the purchase price back of £2000. It was a used machine otherwise new is £4500. 

At the very least, I suspect they might not find it plausible that the item cannot be repaired and doesn’t even have scrap value. What is it anyway?

DullGreyGuy

MissRikkiC said:

The item is not working as it should due to the damage so I’d be looking to claim the purchase price back of £2000. It was a used machine otherwise new is £4500. 

Do I issue a letter stating that I’m raising a small claim? 

So you purchased it and sent it to yourself? Presumably the vendor wasnt willing to offer postage? 

The advice on the PF site says that the bigger/heavier the item the more sturdy the outside box needs to be and goes further to recommend wooden crates (over a cardboard box) for the heaviest of items. At 30kg you are at the maximum weight they'll carry and so in principle their advice was also to use a crate. 

Is it really a total loss though? Bent metal can normally be straightened and screws replaced

Undervalued

MissRikkiC said:

The item is not working as it should due to the damage so I’d be looking to claim the purchase price back of £2000. It was a used machine otherwise new is £4500. 

Do I issue a letter stating that I’m raising a small claim? 

Would it be possible to have the machine repaired and if so at what cost?

Your claim would only be reasonable if a professional repair for less than £2000 is not possible.

screech_78

You may as well take a bash at sending a letter before action. However you need to be prepared to follow through with small claims court. 

There’s also very little chance of you being able to claim the full £2,000. It can probably be repaired so you need to get quotes for that and that would be what you claim. Or if you can sell it a reduced price, your claim would be the difference between the selling price and how much you paid. Claiming for the full purchase price and still having the item would be betterment which courts won’t really entertain. 

MissRikkiC

Thanks everyone. I will seek the cost to repair then issue to follow through with proceedings. 

Is there a chance that because Id essentially claimed the value of the item, parcel force just took one look and decided no?