At the beginning of February I went to Grand Canaria for a winter break . The problem was I forgot one of my prescription medications.

My son immediately packed the missing medication ( a control for high blood pressure ) in a jiffy bag and went to local post office and asked for quickest method to get the package to me , telling the clerk exactly what was in the package .

The Post Office counter clerk suggested Parcel Force Global Express for the sum of £47 ( for a small jiffy bag ! )

He duly filled in the dispatch form clearly marking it “medication “

The package was accepted , and the clerk said the package should arrive in 48 hrs ( posted on Monday , arriving Wednesday morning )

At no time was any mention made of possible delays due to customs etc .

Following tracking ,I saw the package arrive at the “clearance depot “ Wednesday morning , and there it sat , until it was eventually delivered to the hotel the following Monday , whilst I might add still showing in transit ,even when we arrived home a week later , it was still in transit ! though I had possession of the package

As you might expect we submitted a claim for refund , and as you might expect it was refused .

Citing ,

A/ Medication excluded

B/ not their fault , customs delay

The only time medication is mentioned in exclusions , is under perishable goods , the medication has a shelf life of over 2 years .

I repeat , no mention was made of any possible delay due to customs and content of package

Simply , do I send a LBA , giving them ie Parcel Force AND their agent the Post Office 14 days to cough up , or without further reference to them , go to small claims procedure ?

So I understand that the delivery was made – but it was made late by a number of days. Is this correct?

An are you aware of any guarantee contained in their contract which promises you the return of your money if they do not deliver within the scheduled time?

Did you suffer any particular losses as a result of the late delivery?

So I understand that the delivery was made – but it was made late by a number of days. Is this correct? Yes , but around 5 days late

 

An are you aware of any guarantee contained in their contract which promises you the return of your money if they do not deliver within the scheduled time? T&Cs tight many exclusions , but there is a refund proceedure , bottom line is though , what ever the problem cousing delay , not their problem, None of which was exlplained when dispatching the package

Did you suffer any particular losses as a result of the late delivery? Visit to hotel Doc for prescription €40. Meds €6.80 which TBH is my fault for forgetting meds

Highlighted

Thank you. So you did actually have a delivery so I don't think you would be entitled to claim a full refund for that. On the other hand, I do think that you would be able to claim the difference between the express delivery – £47 and the cost of delivery which arrived five days later.

You need to discover what their tariffs are.

It is clear that they are in breach of contract. I don't think you need to worry about the exclusions because they did not affect the risk. You spent €6.80 on meds which you did actually have. On the other hand I think that you can claim for the doctor's visit which of course was unnecessary and was only made necessary because of the breach of contract.

Therefore I think that you can claim for the difference in the delivery cost plus the cost of the doctor's visit. Also, I would try making a nominal claim for the time which she spent having to visit the doctor instead of enjoying a holiday. I would keep this to a modest amount – not more than £50.

I would set it all out in a clear itemised letter together with any bills and send to them as a letter of claim and give them 14 days.

Only do this if you are prepared to go ahead. I predict that they will attempt to defend and they will send you some massive defence document – and they will eventually put up their hands. You then recover your losses plus the claim fee. There is an outside chance that they may want to go to court – but I expect that you will win although you may have difficulty asserting the value of your lost time. However, you may as well try it out. They are unlikely to want to go to the expense of turning up at your local court simply to save 50 quid.

Please keep us informed as to how it goes

Thanks for prompt reply , I will follow your advice

Why didn’t you just go to the hotel doc in the first place?

Surely this would have been the most efficient way to secure the drug?

The benefit of hindsight ..........

I An acquaintance of mine , posted this on another forum ( caravanning)

He deals with shipping and logistics , it is interesting , even though it refers to medication posted as opposed to being couriered , Taking Parcel Force to be couriers and not postal carriers .

If it is taken at its literal meaning , the Post Office counter clerk should never have accepted the package for Parcel Force to transport

So if it gets to County Court , I will name Jointly , Parcel Force and Post Office Counters

Can one send special medication between Spain and another country by mail?

Spanish legislation does not allow the shipping of medication by mail. In accordance with Article 73 of Law 29/2006 of July 26th, for guarantees and rational use of medication and sanitary products, only laboratories and distribution entities that meet the established legal requirements are able to export medication. Any other entity or individual is not allowed to send medication through packaged mail because they are unable to guarantee the quality and security of the products.

Can an individual receive medication in Spain from another country by mail?

Article 72 of the aforementioned Law 29 of July 26th, 2009 and implementing regulations establish that only pharmaceutical laboratories can import medication. Therefore, individuals outside of the country, cannot send medicines because it is not possible to guarantee their quality and security.

Can an individual bring his/her necessary medication to their destination in Spain?

Article 74 of Law 29/2006 of July 26th states that: "medication that accompanies travelers following a medical treatment is excluded from the established protocols in the previous articles". Thus, in order to avoid problems with the Spanish customs office, it is recommended that the patient traveling with medication to Spain brings a doctor’s prescription/medical report that justifies the treatment. However, one should consider the previously stated regulations of the country of destination.

IMPORTANT NOTICE: In the case of medicines containing narcotic drugs or psychotropic substances, patients should send inquiries to the Spanish Agency of Drugs and Health Products in order to receive a permit to travel with their medication. Interested parties can direct themselves to the following email address: [email protected]

I An acquaintance of mine , posted this on another forum ( caravanning)

He deals with shipping and logistics , it is interesting , even though it refers to medication posted as opposed to being couriered , Taking Parcel Force to be couriers and not postal carriers .

If it is taken at its literal meaning , the Post Office counter clerk should never have accepted the package for Parcel Force to transport

So if it gets to County Court , I will name Jointly , Parcel Force and Post Office Counters

 

 

 

Can one send special medication between Spain and another country by mail?

Spanish legislation does not allow the shipping of medication by mail. In accordance with Article 73 of Law 29/2006 of July 26th, for guarantees and rational use of medication and sanitary products, only laboratories and distribution entities that meet the established legal requirements are able to export medication. Any other entity or individual is not allowed to send medication through packaged mail because they are unable to guarantee the quality and security of the products.

Can an individual receive medication in Spain from another country by mail?

Article 72 of the aforementioned Law 29 of July 26th, 2009 and implementing regulations establish that only pharmaceutical laboratories can import medication. Therefore, individuals outside of the country, cannot send medicines because it is not possible to guarantee their quality and security.

Can an individual bring his/her necessary medication to their destination in Spain?

Article 74 of Law 29/2006 of July 26th states that: "medication that accompanies travelers following a medical treatment is excluded from the established protocols in the previous articles". Thus, in order to avoid problems with the Spanish customs office, it is recommended that the patient traveling with medication to Spain brings a doctor’s prescription/medical report that justifies the treatment. However, one should consider the previously stated regulations of the country of destination.

IMPORTANT NOTICE: In the case of medicines containing narcotic drugs or psychotropic substances, patients should send inquiries to the Spanish Agency of Drugs and Health Products in order to receive a permit to travel with their medication. Interested parties can direct themselves to the following email address: [email protected]

Suspected as much. That hindsight really would have helped!

None of the above shown in Ts and Cs

LBA sent

And surprise surprise ,cheque in post today

Well done sparkeyrjp...thread title amended to reflect the outcome.