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Next Day delivery with Parcel2Go wasn't even collected for 6 days

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Sending some Christmas presents, I booked a Next Day delivery with Parcel2Go on Thu 21 Dec. I put the item in an InPost locker for collection, but it wasn't picked up by the courier until Wed 27 Dec. The presents finally arrived Thu 28 Dec, a full week after I posted.

 

Xmas happened in the middle extending the delay somewhat, but still the courier was technically 2 working days late in even collecting the parcel which was advertised and sold to me as Next Day delivery.

 

I've asked P2G twice for a refund, but they say they don't guarantee delivery so aren't obliged to. They wouldn't refund even as a gesture of goodwill (I am, or was, a regular customer). Elsewhere I've read that as long as a parcel is delivered within 31 days it is not considered late.

 

Can I somehow get a refund under false advertising/trades description (or similar) for this 'Next Day' charade?


"Be reasonable, demand the impossible"

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How much is at stake here?


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You mean the price I paid for the service?

 

Off the top of my head I think it was £6.59.


"Be reasonable, demand the impossible"

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Well it certainly seems to me that you are entitled to some kind of compensation. Of course they did make the delivery – eventually. On that basis they might argue that you shouldn't be entitled to a full refund. On the other hand, you might reasonably respond that they have affected the Christmas experience by not delivering the goods on time. It would be interesting to see what their terms and conditions say. I can imagine that deliveries could be delayed but I find it scarcely believable that any leeway they want for themselves would apply to the collection.

 

Even if they do claim a leeway in their terms and conditions, if you have specifically paid a higher delivery price for next day delivery and they have agreed to that and it seems to me that that amounts to a guarantee and they would be unable to rely on any leeway term in their contract.

 

The problem here of course is that the amount of money you are dealing with is so small that it is scarcely worth travelling – unless you want to say that the Christmas experience was so badly affected that it was worth 30 or 40 or even £50. If you are prepared to consider claiming that kind of amount then you could eventually think about being a small claim in the County Court. I would expect that the company would put their hands up rather than go to all the trouble of defending for a small amount of money.

 

So the conclusion is that if you are simply interested in recovering £6.59 then probably the best thing to do is forget it. If you think you can reasonably increase the size of the compensation you are seeking then it could be worthwhile but I think that you would have to issue legal papers. The chances of you winning are extremely high. The chances of you getting the amount of money you would be claiming are only 50-50 as a judge would be worried about overcompensate you for a spot Christmas. On the other hand, 30 or £40 doesn't seem unreasonable and the judge might go along with it.

 

The chances of Parcel2go bottling it once they had the court papers are extremely high and I would expect that they would pay you out plus your court fee – but of course there is no guarantee.

 

To bring a case like this would be simple and of course it would be a bit of sport with no particular risk other than a bit of time and the loss of your court fee – about £30.


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Thank you Bankfodder for such a detailed and thorough reply.

 

The difference in price between Next Day and 48 Hour delivery is quite small, not even £1 when booking using the same courier (Parcel2Go are an aggregator/middleman of couriers). But it's interesting that you say that by there being a difference it infers that they are guaranteeing one service above another, even if they say they don't.

 

I'm not sure I can claim consequential loss on this one, how do you even price the disappointment of relatives on Christmas morning?! If it was something that was more black and white, eg late delivery of tickets for a paid-for event I might stand a greater chance and be more confident in persuing. (Not that I would ever use these clowns for that type of thing, that was just an example. :roll:)

 

I was hoping that there would be some trades description angle to it. Parcel2Go should make it way more clear that these service times are just hopeful estimates, and are not garunteed.


"Be reasonable, demand the impossible"

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