After opening Money Claim weeks ago this week Evri finally responded:
Why they disagree with the claim
1. If any part of the Particulars of Claim are not expressly admitted or denied below, such parts are denied by the Defendant entirely. Background
2. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services for business to business, business to consumer and consumer to consumer. The Defendant operates “myhermes.co.uk” which is a website that can be used to order delivery services from the business of the Defendant operated under the ‘myHermes’ brand.
3. On or around 14 March 2022, the Claimant entered into an agreement with the Defendant for the use of its myHermes delivery service. The agreement was governed by the Defendant’s standard Terms and Conditions (the “Contract”).
4. The Claimant confirmed before completing the Contract that they had read and accepted the terms of the Contract.
5. The Claimant described the goods to be couriered on the order form as ‘Mavic 2’ (“the Parcel”).
6. The Claimant stated that the Parcel was valued at £50.00.
7. Pursuant to the terms of the Contract, on or around 16 March 2022 the Claimant dropped the Parcel off at one of the Defendant’s ParcelShops in anticipation of delivery to the recipient.
8. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £7.80 (including VAT).
9. The last tracking point for the Parcel was on 16 March 2022 as delivered. However the Claimant states the Parcel was damaged when it arrived. The Claim Value
10. The Claimant stated on the ‘Order Form’ that the value of the Parcel was £625.00.
11. Yet, the Claimant seeks to recover £325.
12. The Claimant is put to strict proof as to the value of the claim. The Defence
13. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence.
14. This Defence is a response to the Particulars of Claim which are set out in the ‘Reasons for claim’ on page 2 of the claim form. Claim Form – Particulars of Claim
15. The first sentence of the Particulars of Claim is admitted.
16. The second sentence of the Particulars of Claim is admitted insofar as the Claimant entered into an agreement with the Defendant for the use of its delivery services.
17. The third sentence of the Particulars of Claim is admitted.
18. The fourth to sixth sentences of the Particulars of Claim are neither admitted nor denied as the Defendants tracking does not show that the Parcel was damaged/ tampered and the Claimant is put to strict proof. Limit of Liability
19. If, which it is denied, the Defendant is found to be liable to pay compensation for the damage/loss of the Parcel, the Defendant denies that it is liable to pay the Claimant the damages claimed as the relevant provisions of the Contract limit the Defendant’s liability in actions for breach of contract and/or negligence.
The relevant provisions state:- 18.1 Clause 4.2 “any other Goods or Parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in this Condition 4 and Condition 5 below (“Compensation”).”
18.2 Clause 4.3 “Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery.”
18.3 Clause 5.2 “Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of: i) £20 ii) the cost the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges. "Charges" are defined as “the shipping costs you pay to send your Parcel but excluding any additional services such as signed-for delivery or Full Cover.”
18.4 Cause 5.3 Subject to Condition 5.5, our liability for Late Delivery is limited to refunding the Charges.
18.5 Clause 5.4 “Subject to Condition 5.5, when you submit an Order, you may take out our Full Cover. If you do so the limit of our liability to you for Loss or Damage will be varied to whichever is the lesser of:
i) the amount of Full Cover you purchased; or
ii) the cost of repairing the damaged Goods, or the value of the lost or damaged Goods, (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.”
18.6 Clause 5.5 “Where you submit an Order for a Postable Product, EVRi liability for Loss or Damage or Late Delivery is limited to the Charges paid by you for the Postable Product.
To avoid doubt, you will not be able to take out Full Cover for Parcels that are Postable Products.” “Postable Product” is defined as “a Parcel that is postable and weighs between 0 – 1kg with a maximum length of 35cm, maximum width of 23cm and maximum thickness of 2.5cm.””
18.7 Clause 5.6 “The amount of Full Cover which you have taken out for a Parcel, if at all, will be the extent of our liability to you for any Loss or Damage to your Parcel.” “Full Cover” is defined as “optional enhanced compensation that you may, for a fee, take out when you submit an order”
19. Accordingly, the Contract terms limits the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods. That compensation value is the lesser of £20 or the value of the damaged/lost goods plus postage.
20. The Claimant did not opt to increase the level of compensation for the Parcel and therefore, pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £27.80 Claim for compensation
21. The Claimant claims £625.00. 22. As explained above, it is denied that the Defendant owes the Claimant £625.00.