Parcel monkey disregard for consumer rights. Need legal advice.

Gehngus

Parcel monkey disregard for consumer rights. Need legal advice.

In short. Negligence when handling my goods in transit. What are my rights and how do I take this further?

I sold a comercial boiler/steamer on ebay for £240 and used parcel monkey to send (via parcelforce). A heavy steel box weighing 25 kilo.

I paid extra insurance for the unit as it had a sale value of over £200.

It arrived bent and damaged and had obviously been dropped flat on its face.

This unit is not fragile. It is a stainless steel unit of comercial quality and would require a large amount of force to damage it to the extent that the steel was buckled and internal parts loose.

It is very obvious that the unit has been droped, not fallen over.

I did encase it in triple wall cardboard plus shrink wrap, and also wrapped the only extruding parts in bubble wrap and packaging.

I had the foresight to take a photo of the thing when wrapped and also asked the recipient to take a picture of the unit on arrival after his complaint and a to provide a photo of the internal packaging around the extruding parts.

I raised a claim with parcel monkey who then have a long list of hoops to jump through which took weeks.

I was asked to provide many types of proof of value, condition, bank statements to prove its value which I had to wait for. 

The requirement of photos of external and internal packaging. How many people would be able to get this any way? I no longer have the unit. It was posted to the other side of the country and now has no value.

But I did have it.

So. Eventually, as predicted, Parcel monkey declared the application void as it did not meet their t&c requirements for transit "to be packaged to reduce the chance of contents being damaged in transit".

I have of course pointed out many times that this is not a damaged in transit problem. It was mishandled and dropped. 

I have asked for information regarding taking this further but do not get a reply.

I have also pointed out that a delivery company's terms and conditions regarding packaging would not override consumer protection laws that protect against damage caused by negligence, such as a dropped unit. While terms and conditions are important, they cannot attempt to exclude or limit statutory rights under consumer legislation, like the Consumer Rights Act 2015. 

After recieving an apology but we can't help you. I have finally said I will be taking legal advice.

My question is How do I take it further in a way that won't cost more than the loss anyway?

Is it worth bothering? I assume parcel monkey strings this on for so long in hope I would give up?

I'd rather not give up. I think my rights have been violated in some way.

I hope there is a simple solution others can use. Big company t&c's should not be a way to shake off culpability.

Thanks for your time.

user1977

Were you selling "a commercial boiler/steamer" as a consumer or a business?

sheramber

Gehngus said:

Parcel monkey disregard for consumer rights. Need legal advice.

In short. Negligence when handling my goods in transit. What are my rights and how do I take this further?

I sold a comercial boiler/steamer on ebay for £240 and used parcel monkey to send (via parcelforce). A heavy steel box weighing 25 kilo.

I paid extra insurance for the unit as it had a sale value of over £200.

It arrived bent and damaged and had obviously been dropped flat on its face.

This unit is not fragile. It is a stainless steel unit of comercial quality and would require a large amount of force to damage it to the extent that the steel was buckled and internal parts loose.

It is very obvious that the unit has been droped, not fallen over.

I did encase it in triple wall cardboard plus shrink wrap, and also wrapped the only extruding parts in bubble wrap and packaging.

I had the foresight to take a photo of the thing when wrapped and also asked the recipient to take a picture of the unit on arrival after his complaint and a to provide a photo of the internal packaging around the extruding parts.

I raised a claim with parcel monkey who then have a long list of hoops to jump through which took weeks.

I was asked to provide many types of proof of value, condition, bank statements to prove its value which I had to wait for. 

The requirement of photos of external and internal packaging. How many people would be able to get this any way? I no longer have the unit. It was posted to the other side of the country and now has no value.

But I did have it.

So. Eventually, as predicted, Parcel monkey declared the application void as it did not meet their t&c requirements for transit "to be packaged to reduce the chance of contents being damaged in transit".

I have of course pointed out many times that this is not a damaged in transit problem. It was mishandled and dropped. 

I have asked for information regarding taking this further but do not get a reply.

I have also pointed out that a delivery company's terms and conditions regarding packaging would not override consumer protection laws that protect against damage caused by negligence, such as a dropped unit. While terms and conditions are important, they cannot attempt to exclude or limit statutory rights under consumer legislation, like the Consumer Rights Act 2015. 

After recieving an apology but we can't help you. I have finally said I will be taking legal advice.

My question is How do I take it further in a way that won't cost more than the loss anyway?

Is it worth bothering? I assume parcel monkey strings this on for so long in hope I would give up?

I'd rather not give up. I think my rights have been violated in some way.

I hope there is a simple solution others can use. Big company t&c's should not be a way to shake off culpability.

Thanks for your time.

Did you read the packaging instructions given?

Packaging Your Goods

3.10

It is your responsibility to ensure that sufficient packaging is used for each consignment. Please read the following 2 guidelines carefully - https://www.parcelmonkey.co.uk/modules/checkout/templates/packaging-guidelines.png along with our packaging guidelines. We cannot accept any liability for the packaging advice provided and you remain responsible for ensuring all packaging is adequate for transportation.

brianposter

I would be inclined to think that you have a fairly straightforward court claim. 

Gehngus

user1977 said:

Were you selling "a commercial boiler/steamer" as a consumer or a business?

The ebay account is a business account.

Ectophile

My question is How do I take it further in a way that won't cost more than the loss anyway?

If your claim is less than £300, then taking it to court should only cost £35. https://www.gov.uk/make-court-claim-for-money/make-claim

You don't need to appoint a lawyer.  If you do, you are very unlikely to be awarded costs to cover their fees.

Gehngus

sheramber said:

Gehngus said:

Parcel monkey disregard for consumer rights. Need legal advice.

In short. Negligence when handling my goods in transit. What are my rights and how do I take this further?

I sold a comercial boiler/steamer on ebay for £240 and used parcel monkey to send (via parcelforce). A heavy steel box weighing 25 kilo.

I paid extra insurance for the unit as it had a sale value of over £200.

It arrived bent and damaged and had obviously been dropped flat on its face.

This unit is not fragile. It is a stainless steel unit of comercial quality and would require a large amount of force to damage it to the extent that the steel was buckled and internal parts loose.

It is very obvious that the unit has been droped, not fallen over.

I did encase it in triple wall cardboard plus shrink wrap, and also wrapped the only extruding parts in bubble wrap and packaging.

I had the foresight to take a photo of the thing when wrapped and also asked the recipient to take a picture of the unit on arrival after his complaint and a to provide a photo of the internal packaging around the extruding parts.

I raised a claim with parcel monkey who then have a long list of hoops to jump through which took weeks.

I was asked to provide many types of proof of value, condition, bank statements to prove its value which I had to wait for. 

The requirement of photos of external and internal packaging. How many people would be able to get this any way? I no longer have the unit. It was posted to the other side of the country and now has no value.

But I did have it.

So. Eventually, as predicted, Parcel monkey declared the application void as it did not meet their t&c requirements for transit "to be packaged to reduce the chance of contents being damaged in transit".

I have of course pointed out many times that this is not a damaged in transit problem. It was mishandled and dropped. 

I have asked for information regarding taking this further but do not get a reply.

I have also pointed out that a delivery company's terms and conditions regarding packaging would not override consumer protection laws that protect against damage caused by negligence, such as a dropped unit. While terms and conditions are important, they cannot attempt to exclude or limit statutory rights under consumer legislation, like the Consumer Rights Act 2015. 

After recieving an apology but we can't help you. I have finally said I will be taking legal advice.

My question is How do I take it further in a way that won't cost more than the loss anyway?

Is it worth bothering? I assume parcel monkey strings this on for so long in hope I would give up?

I'd rather not give up. I think my rights have been violated in some way.

I hope there is a simple solution others can use. Big company t&c's should not be a way to shake off culpability.

Thanks for your time.

Did you read the packaging instructions given?

Packaging Your Goods

3.10

It is your responsibility to ensure that sufficient packaging is used for each consignment. Please read the following 2 guidelines carefully - https://www.parcelmonkey.co.uk/modules/checkout/templates/packaging-guidelines.png along with our packaging guidelines. We cannot accept any liability for the packaging advice provided and you remain responsible for ensuring all packaging is adequate for transportation.

Yes. I have read it many times and there is nothing to do with damage caused by negligence. It refers to preventing damage during transit which was not the case.

user1977

Gehngus said:

user1977 said:

Were you selling "a commercial boiler/steamer" as a consumer or a business?

The ebay account is a business account.

Then your business doesn't have consumer rights. You are (broadly speaking) relying on the contractual terms which you signed up to.

sheramber

Gehngus said:

sheramber said:

Gehngus said:

Parcel monkey disregard for consumer rights. Need legal advice.

In short. Negligence when handling my goods in transit. What are my rights and how do I take this further?

I sold a comercial boiler/steamer on ebay for £240 and used parcel monkey to send (via parcelforce). A heavy steel box weighing 25 kilo.

I paid extra insurance for the unit as it had a sale value of over £200.

It arrived bent and damaged and had obviously been dropped flat on its face.

This unit is not fragile. It is a stainless steel unit of comercial quality and would require a large amount of force to damage it to the extent that the steel was buckled and internal parts loose.

It is very obvious that the unit has been droped, not fallen over.

I did encase it in triple wall cardboard plus shrink wrap, and also wrapped the only extruding parts in bubble wrap and packaging.

I had the foresight to take a photo of the thing when wrapped and also asked the recipient to take a picture of the unit on arrival after his complaint and a to provide a photo of the internal packaging around the extruding parts.

I raised a claim with parcel monkey who then have a long list of hoops to jump through which took weeks.

I was asked to provide many types of proof of value, condition, bank statements to prove its value which I had to wait for. 

The requirement of photos of external and internal packaging. How many people would be able to get this any way? I no longer have the unit. It was posted to the other side of the country and now has no value.

But I did have it.

So. Eventually, as predicted, Parcel monkey declared the application void as it did not meet their t&c requirements for transit "to be packaged to reduce the chance of contents being damaged in transit".

I have of course pointed out many times that this is not a damaged in transit problem. It was mishandled and dropped. 

I have asked for information regarding taking this further but do not get a reply.

I have also pointed out that a delivery company's terms and conditions regarding packaging would not override consumer protection laws that protect against damage caused by negligence, such as a dropped unit. While terms and conditions are important, they cannot attempt to exclude or limit statutory rights under consumer legislation, like the Consumer Rights Act 2015. 

After recieving an apology but we can't help you. I have finally said I will be taking legal advice.

My question is How do I take it further in a way that won't cost more than the loss anyway?

Is it worth bothering? I assume parcel monkey strings this on for so long in hope I would give up?

I'd rather not give up. I think my rights have been violated in some way.

I hope there is a simple solution others can use. Big company t&c's should not be a way to shake off culpability.

Thanks for your time.

Did you read the packaging instructions given?

Packaging Your Goods

3.10

It is your responsibility to ensure that sufficient packaging is used for each consignment. Please read the following 2 guidelines carefully - https://www.parcelmonkey.co.uk/modules/checkout/templates/packaging-guidelines.png along with our packaging guidelines. We cannot accept any liability for the packaging advice provided and you remain responsible for ensuring all packaging is adequate for transportation.

Yes. I have read it many times and there is nothing to do with damage caused by negligence. It refers to preventing damage during transit which was not the case.

What damage during transport would not be due to negligence?

MyRealNameToo

Gehngus said:

Parcel monkey disregard for consumer rights. Need legal advice.

You're not a consumer but a business and so have a lot less rights, to get legal advice you need to speak to a solicitor. 

Gehngus said:

In short. Negligence when handling my goods in transit. What are my rights and how do I take this further?

ParcelMonkey are a broker, they never touched your goods. 

Gehngus said:

I did encase it in triple wall cardboard plus shrink wrap, and also wrapped the only extruding parts in bubble wrap and packaging.

Bits sticking out the box doesnt immediately sound like a well packed item.

Ergates

sheramber said:

Gehngus said:

sheramber said:

Gehngus said:

Parcel monkey disregard for consumer rights. Need legal advice.

In short. Negligence when handling my goods in transit. What are my rights and how do I take this further?

I sold a comercial boiler/steamer on ebay for £240 and used parcel monkey to send (via parcelforce). A heavy steel box weighing 25 kilo.

I paid extra insurance for the unit as it had a sale value of over £200.

It arrived bent and damaged and had obviously been dropped flat on its face.

This unit is not fragile. It is a stainless steel unit of comercial quality and would require a large amount of force to damage it to the extent that the steel was buckled and internal parts loose.

It is very obvious that the unit has been droped, not fallen over.

I did encase it in triple wall cardboard plus shrink wrap, and also wrapped the only extruding parts in bubble wrap and packaging.

I had the foresight to take a photo of the thing when wrapped and also asked the recipient to take a picture of the unit on arrival after his complaint and a to provide a photo of the internal packaging around the extruding parts.

I raised a claim with parcel monkey who then have a long list of hoops to jump through which took weeks.

I was asked to provide many types of proof of value, condition, bank statements to prove its value which I had to wait for. 

The requirement of photos of external and internal packaging. How many people would be able to get this any way? I no longer have the unit. It was posted to the other side of the country and now has no value.

But I did have it.

So. Eventually, as predicted, Parcel monkey declared the application void as it did not meet their t&c requirements for transit "to be packaged to reduce the chance of contents being damaged in transit".

I have of course pointed out many times that this is not a damaged in transit problem. It was mishandled and dropped. 

I have asked for information regarding taking this further but do not get a reply.

I have also pointed out that a delivery company's terms and conditions regarding packaging would not override consumer protection laws that protect against damage caused by negligence, such as a dropped unit. While terms and conditions are important, they cannot attempt to exclude or limit statutory rights under consumer legislation, like the Consumer Rights Act 2015. 

After recieving an apology but we can't help you. I have finally said I will be taking legal advice.

My question is How do I take it further in a way that won't cost more than the loss anyway?

Is it worth bothering? I assume parcel monkey strings this on for so long in hope I would give up?

I'd rather not give up. I think my rights have been violated in some way.

I hope there is a simple solution others can use. Big company t&c's should not be a way to shake off culpability.

Thanks for your time.

Did you read the packaging instructions given?

Packaging Your Goods

3.10

It is your responsibility to ensure that sufficient packaging is used for each consignment. Please read the following 2 guidelines carefully - https://www.parcelmonkey.co.uk/modules/checkout/templates/packaging-guidelines.png along with our packaging guidelines. We cannot accept any liability for the packaging advice provided and you remain responsible for ensuring all packaging is adequate for transportation.

Yes. I have read it many times and there is nothing to do with damage caused by negligence. It refers to preventing damage during transit which was not the case.

What damage during transport would not be due to negligence?

Improperly packed fragile items being damaged during the normal "jostling" that will occur whilst being transported.