When you send an item,

the cashier always asks you "What is the value of the item?"

If you are selling an unwanted gift worth £100, its value is £100, end of story.

If they are only going to compensate you what you paid for it,

they should clearly ask you "How much did you pay for this item?"

to make sure people realise what's going on.

Asking how much its worth when they take your money to pay for special delivery,

and then saying "Sorry, we only pay how much you paid for it" when they lose the item is misleading.

I sold some food supplements which I bought outside UK (still EU).

They lost my parcel (sent special delivery),

did send out a replacement 10 days later by special delivery which was received.

I did get back the same standard letter "proof of value" as RM will not accept selling price as proof of value.

I would like to take them to small claim court but I need some help and pointers.

I do have the original invoice (in another language) but I feel that I shouldn't have to supply this information without a court order.

This is private information between me and my supplier.

Also, I have wasted a lot of time dealing with this claim already,

and feel that purchase price will not cover my time.

I have wasted ink, packaging materials, and time to post and repost the same item and a "reasonable compensation" should be paid on top of selling price

. Also I feel that the name "guarantee by 12" written an all special delivery is a misleading statement which should be changed to "maybe delivered by 12".

Also I do have loads of signed for items (over 200 for the past 2 years) which has been delivered

but the RM system still shows that they are still going through the system for delivery.

So I have paid (£1.10) extra for a misleading service which others might call fraud.

I would appreciate any pointers or advice as I would be taking RM to court as a matter of principle.

Many thanks

Cat

Hello and Welcome Cat,

I have started a new thread for you.

Regards,

Scott.

...which has been delivered but the RM system still shows that they are still going through the system for delivery. ..]

seems to be a common issue re their tracking and site updating, even with just their 'signed for' service.

complained once re that requesting proof of the signed for, they cldn't provide it even though was delivered. they sent a couple of x12 books of first class stamps in comp.

PO counter clerk said it was common and shld be addressed, but customers dont complain/take it further once they know it has been delivered.

good luck.

I believe they only ask the £100 question as that's the maximum 'known' value they are allow [you] to courier via that service?

nothing to do with 'insurance' or any later 'loss' claim.

dx

You can't sue RM, so good luck with that!

As long as its not an oversea service!

Yup... you can't sue Royal Mail! You can't sue the crown!

Since Royal Mail only pay compensation based on what you paid for the item and not its value, then....

1. Buy a leaf from a tree from your friend for £100

2. Send leaf to another friend.

3. Hope that leaf goes missing in the post.

4. Claim compensation on what you paid your friend, £100, and not the value of the leaf, zero - as per Royal Mail rules.

I am joking of course.

There is not much you can do apart from making a complaint to RM themselves.

I believe they only ask the £100 question as that's the maximum 'known' value they are allow [you] to courier via that service?

 

 

nothing to do with 'insurance' or any later 'loss' claim.

 

 

dx

Could you be more specific please? I was coerced in buying a service I shouldn't have. I was asked the value of item not the purchase price. If I had I would have saved £4 in postal charges.

best it be fully privatised asap then

thought it was partially already?

or is it a q of a law change.

I just happen to have come across this thread and know nothing whatsoever about Royal Mail. Had no idea they couldn't be sued, but I just wondered if this was still the case now that they've been privatised.

Yup... you can't sue Royal Mail! You can't sue the crown!

 

Since Royal Mail only pay compensation based on what you paid for the item and not its value, then....

1. Buy a leaf from a tree from your friend for £100

2. Send leaf to another friend.

3. Hope that leaf goes missing in the post.

4. Claim compensation on what you paid your friend, £100, and not the value of the leaf, zero - as per Royal Mail rules.

 

I am joking of course.

 

There is not much you can do apart from making a complaint to RM themselves.

There are a lot of unhappy RM customers out there. I am sure that it must be something we can do. What are they trying to say? our time is unimportant?

sillyprice, hi, apologies, my mistake.

it seems that you can now take royal mail to court. http://www.consumerdeals.co.uk/complainingtoroyalmail.html

no relevance and off topic, but in relation to other posts = I remember a long time ago when my friend worked for parcel force as a delivery driver. He was able to park on yellow lines in the full knowledge he wouldn't get a parking ticket from traffic wardens - reason, because parcel force was part of royal mail.

sillyprice, hi, apologies, my mistake.

 

it seems that you can now take royal mail to court. http://www.consumerdeals.co.uk/complainingtoroyalmail.html

 

l.

if that statute still applies, says, 'no proceedings in tort.......'

contract/supply of goods etc isnt a tort. so wld be arguable.

thank you ford! i didn't read all of the link i included.

[/QRoyal Mail Immunity

 

One of Royal Mail's defences that you're like to find quoted at you, is Section 90 of the Postal Services Act 2000.

This is often referred to as the "Royal Mail Immunity Clause". Section 90(1) states:

"No proceedings in tort shall lie or, in Scotland, be competent against a universal service provider in respect of loss or damage suffered by any person in connection with the provision of a universal postal service because of—(a) anything done or omitted to be done in relation to any postal packet in the course of transmission by post, or (b) any omission to carry out arrangements for the collection of anything to be conveyed by post."

... which roughly translates to "you can't sue Royal Mail for compensation or damages if they don't deliver your stuff". You can apply for compensation under the Inland Letter Post Scheme, if you can prove it was posted, how much it was valued at, and that you complied with the rules for posting it. Even then, you can only get the 'actual loss' value, not consequential loss (e.g. time, expenses, other costs)

So what are you guys saying? I am wasting my time? Should I just provide a copy of my invoice and move on? It doesn't feel right

So what are you guys saying?

am saying that that rm 'exemption' re litigation (if that statute still applies. haven't checked) is re proceedings in tort as per the statute. anything outside tort cld be claimable.

you said you want to take RM to court as a matter of principle. what outcome do you want from court?

taking a company to court is quite complex, - something which I am trying to learn to do myself and have been trying to learn over the last few weeks, against a very large company who have failed to abide with legislation on numerous occasions.

If you are intent on taking this to court as a matter of principle, I believe there is not much you can claim, other than the actual financial loss of what was lost - something which you can claim without court action.

You may be able to claim other expenses (google litigants in person) - but you could very well find that you spend a lot of time in preparing your case, learning how to take a company to court, writing all the necessary forms etc, only to find that you are prevented from taking them to court since Royal Mail have in the meantime offered you compensation. - You need to follow RM complaint procedure in any event prior to taking them to court.

fwiw - my own opinion is that you would be wasting your time in preparing and seeking court action, though i can fully understand your annoyance and the principle of the situation

having said the above, silverfox has provided a link below, post 17 in that link is interesting!

Hi

This is a thread from 2013 and I am making no comment on it. Make of it what you will.

http://www.consumeractiongroup.co.uk/forum/showthread.php?392591-Me-V-s-Royal-Mail-(advice-needed!)-**-Successful-Outcome-**&p=4244272&viewfull=1#post4244272

I drive for Royal Mail and they are still part of the Crown.

I remember fuelling up and my fuel card not working, as my job is time restricted and I had to leave the fuel station I was told it is against the law to hold up the Crowns Mail.

I left and told the guy behind the counter I would phone my depot and get someone over to pay the bill, which they did within the hour.

I've had a ticket myself whilst working, issued by the Police but I was driving a white unmarked van at the time.

Royal Mail could not operate properly without Traffic Wardens letting them away with quite a bit.

I prefer driving a 'Red Skin' whenever possible as all my stops are in High Streets and the wardens will come and go with you.

I know we hate some European rules but, I think, we should get together and pursue RM all the way to the courts in Bruxelles. What are they saying: I can loose your parcel but I am not responsible? I don't think will wash in the 21st century. I know we need competition, and will be using competitors, when possible, from now on. But I still want to take them to court and post a photo of the cheque here for everyone to see. is RM above the law? Why should we provide all information to RM, including our suppliers? When posting we are asked the value of an item not how much we have paid for it. I feel we are in the right.

yes, any domestic (ie before court) remedies shld be sought first.

eg http://www.adviceguide.org.uk/england/consumer_e/consumer_post_e/consumer_complaining_about_post_e/how_to_complain_to_your_postal_provider.htm

I know we hate some European rules but, I think, we should get together and pursue RM all the way to the courts in Bruxelles. What are they saying: I can loose your parcel but I am not responsible? I don't think will wash in the 21st century. I know we need competition, and will be using competitors, when possible, from now on. But I still want to take them to court and post a photo of the cheque here for everyone to see. is RM above the law? Why should we provide all information to RM, including our suppliers? When posting we are asked the value of an item not how much we have paid for it. I feel we are in the right.

the link silverfox gave earlier is interesting. i am far from an expert in law, i am trying to learn a little bit. but, i think you do not need any european laws in this instance if you want to take them to court.

post number 17 in silverfox link here: http://www.consumeractiongroup.co.uk/forum/showthread.php?392591-Me-V-s-Royal-Mail-%28advice-needed!%29-**-Successful-Outcome-**&p=4328599&viewfull=1#post4328599 is interesting...

sorry for all the confusion i added earlier in this thread. there is nothing more i can say to help you, but i am subscribed to this thread and will follow it.

good luck! i hope to see your cheque posted up soon

you said you want to take RM to court as a matter of principle. what outcome do you want from court?

 

taking a company to court is quite complex, - something which I am trying to learn to do myself and have been trying to learn over the last few weeks, against a very large company who have failed to abide with legislation on numerous occasions.

 

If you are intent on taking this to court as a matter of principle, I believe there is not much you can claim, other than the actual financial loss of what was lost - something which you can claim without court action.

 

You may be able to claim other expenses (google litigants in person) - but you could very well find that you spend a lot of time in preparing your case, learning how to take a company to court, writing all the necessary forms etc, only to find that you are prevented from taking them to court since Royal Mail have in the meantime offered you compensation. - You need to follow RM complaint procedure in any event prior to taking them to court.

 

fwiw - my own opinion is that you would be wasting your time in preparing and seeking court action, though i can fully understand your annoyance and the principle of the situation

 

having said the above, silverfox has provided a link below, post 17 in that link is interesting!

I want them to admit liability for loosing my item and for my time when pursuing a claim.

I want them to make it clear in any post office that they will pay the price paid not sold in the event of a lost/damaged item.

I want them to change the wording on Special delivery stickers from "Guaranteed" to "maybe"

....

 

post number 17 in silverfox link here: http://www.consumeractiongroup.co.uk/forum/showthread.php?392591-Me-V-s-Royal-Mail-%28advice-needed!%29-**-Successful-Outcome-**&p=4328599&viewfull=1#post4328599 is interesting...

 

...

there's one eg then. anything outside of tort (assuming the tort exemption still applies) cld be argued

there's one eg then. anything outside of tort (assuming the tort exemption still applies) cld be argued

I read the post and it could apply as I have used Special delivery. if I knew RM only pays purchase price I would have used signed for saving £4 in postal charges.