Hi all, I have posted this issue in Facebook as well with photographs of correspondence I have had with Interparcel. My question concerns an online shipping service that I purchased in Dec 2021.
I purchased shipping from Interparcel, in order purchase from Interparcel you are prompted to enter the dimensions, weight and value of the package before selecting a price and courier. Interparcel then acts as a third party and organises the collection and delivery with the selected courier of your choice - in this instance Parcelforce.
I have recently come into dispute with Interparcel as they have been notified by Parcelforce that the package was the incorrect dimensions, however, they did not halt delivery, instead they continued to ship the package internationally. The package is now abroad, no longer in Parcelforce or Interparcels possession, and Interparcel has raised an additional invoice for the new dimensions. I have disputed the new measurements, the new measurements vary by 40CM+ on 2 different sides, and have been advised to send evidence. Of course, I do not have the package, the only evidence I have is a video of myself taking apart the contents of the package - these items can be individually measured and the total diameter of the package can be established, thus used to dispute the new measurements provided. However, Interparcel has refused this evidence and have dismissed the video footage.
For clarity, the video showed a PlayStation console at the bottom of the box and 6 games, in a 3 x 2 layout on top of the console. This took up the entire space of the box, you can get any PlayStation game (the game casings are standard size and the ones in the footage are all different games) and measure the height and width and be able to times that by 3 and 2, and calculate, at the very least, the width and height of the package. However as stated above, Interparcel refuse to see reason unless there’s footage of me physically measuring the package.
Interparcel has not been provided video or photographic footage of the package from Parcelforce confirming the new dimensions, and cannot get the above evidence as they are no longer in possession of the package, however are putting the burden of proof on myself to dispute.
Initially I would have wanted Interparcel to cease the application of the additional fee, however, they have continued this matter where I now wish to seek the cost of the service due to breach of contract under section 50(1) of the Consumer Rights Act 2015.
This is due to every contract to supply a service should be treated as including a term of the contact anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service if -
(a) it is taken into account by the consumer when deciding to enter into the contract, or
(b) it is taken into account by the consumer when making any decision to enter into the contract.
In this scenario I believe section 50(1)(a) applies, this is due to the prerequisites prior to a price/offer being generated by Interparcel. For the service, I was instructed to enter the dimensions of the package - different measurements altered the price of the service. When entering the dimensions of the package I was provided with the price of £84.35, this sum allowed me to confirm that I wished to contract Interparcel for the price of £84.35 to aid in the delivery of the package measuring 48x36x17.
Interparcel then continued delivery of the package, despite being informed that the dimensions were the incorrect size, thus breaching the binding terms of the contract.
When considering the consumers rights to enforce terms about services, under the Consumer Rights Act 2015 section 54 (2)(b), a reference to a service conforming to a contract is a reference to a term that section 50 requires to be treated as included in the contract that relates to the performance of the service.
Where the service does not conform to the contract the consumers rights are
a) the right to require repeat performance;
b) the right to a price reduction
Which can be observed in section 54 (3).
I believe in light of the above it would be unreasonable to pursue repeat performance as the package has already been delivered.
I have attempted to find an ADR scheme who would be willing to support the claim, however, yet to find any.
Interparcel are yet to contact me following refusal to pay and I am worried that they are either going to issue a CCJ or sell the debt to a collection agency. I did want to raise a small claims court matter myself, just for clarity of mind, but I do not know if that’s potentially over the top? In either case Interparcel does not have the evidence to support their side in court and all I have is the video that I sent.
Any sort of opinion / advice would be appreciated!