Here is their rejection, so it seems I incorrectly states the value as £18, my receipts show otherwise, so I can prove the correct value.
Furthermore, they claim their terms limit their liability to £20 (point 22.3 below), this is correct, I just checked, but it is in contradiction to their advertising, e.g. here, which states £25 minimum cover (and is the reason I claimed £25).
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.
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 10 December 2018, the Claimant entered into an agreement with the Defendant for the use of its myHermes delivery services.
4. The agreement was governed by the Defendant’s standard terms and conditions (the “Contract”).
5. The Claimant confirmed before completing the Contract that he had read and accepted the Defendant’s terms and conditions.
6. The Claimant stated that the parcel contained a ‘Roof drain’ (the “Parcel”). 7. The Claimant stated that the Parcel was valued at £18.00.
8. In consideration of the Defendant providing the delivery services, the Claimant paid the sum of £3.59 (including VAT).
9. On or around 10 December 2018, in anticipation of delivery to XXXXXXXXXXX, Claimant dropped the Parcel off at one of the Defendant’s ParcelShops.
10. The last tracking point for the Parcel was on 18 December 2018 at one of the Defendants depots. There are no further tracking points after this date and therefore the Defendant accepts that the Parcel is lost. The Claim Value
11. The Claimant stated on the ‘Order Form’ for the Parcel that the value was £18.00
12. The Claimant paid £3.59 for the delivery charges of the Parcel.
13. Yet, the Claimant seeks to recover £55.68.
14. The Claimant is put to strict proof as to the value of the claim.
16. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence.
17. This Defence is a response to the Particulars of Claim which are set out in the ‘Particulars of Claim’ on page 2 of the claim form. Claim Form – Particulars of Claim
18. The first to fourth sentences of the Particulars of Claim are admitted.
19. The fifth to sixth sentences of the Particualrs of Claim are neither admitted nor deniend and the Claimant is put to strict proof. Making a Claim for compensation
20. The terms of the Contract which were accepted by the Claimant, and in force at the relevant time, set out the Defendant’s liability in respect of making a claim. The relevant provisions of the Contract state:
20.1 Clause 9.1 You must notify us in writing of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order. If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit.”
20.2 Clause 9.2 When we receive your claim for Compensation, we will require you to back up your claim by providing us with any relevant information about the relevant Parcel and or Goods including without limitation: 9.2.1 proof of the Parcel's dispatch; 9.2.2 estimates for the repair of the Goods; 9.2.3 proof of the value of the Goods; 9.2.4 the cost price of the Goods and related proof including receipts; and 9.2.5 details of the weight, size, volume and nature of the Goods.
20.3 Clause 9.3 In the case of alleged Damage, you must ensure that the Parcel, its packaging and the Goods are held for inspection at the Delivery Point.
20.4 Clause 9.4 We may make any investigations that we think are necessary to check out any claim.
20.5 Clause 9.5 Any claim for Compensation must be made on a properly completed Claim Form. You must send this Claim Form to us so that we receive it within 14 days of the date that we provided it to you.”
21. As a result, the Defendant denies that any compensation is payable in relation to the Parcel as the Claimant failed to notify the Defendant of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order.
22. 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:-
22.1 Clause 7.2 “For 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 condition 8 below (“Compensation”).”
22.2 Clause 7.3 “The Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery”
22.3 Clause 8 “8.1 Unless you have taken out our Full Cover, the following limits apply to our liability to you under a Contract: 8.2 Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of: 8.2.1 £20; or 8.2.2 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). 8.3 Our liability for Late Delivery is limited to refunding the Charges. 8.4 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: 8.4.1 the level of your Full Cover per Parcel; or 8.4.2 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).”
23. Full Cover is defined at Clause 1.1.12: “Full Cover” means optional enhanced compensation that you may, for a fee, take out when you submit an Order. For details click here. [Links to https://www.myhermes.co.uk/our-services/our-prices.html]”
24. Accordingly, the Contract terms limit the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 8), for the loss or damage to goods. That compensation value is the lesser of £20 or the value of the damaged/lost goods.
25. The Claimant opted 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 £21.59. Claim for compensation
26. The Claimant claims £55.68 27. As explained above, it is denied that the Defendant owes the Claimant £55.68