DPD lost parcel in transit

[Pippym1]

Hi all,

 

First time posting here but really need some advice.

I'm a small business and use DPD regularly for shopping within the UK.

 

I dispatched an order to the EU on DPD classic which has been subsequently lost on transit (also dpd staff have mentioned it being stolen - but nothing has been done about this).

 

A search was conducted and nothing found so they've closed it today and offered £8.78 in liability. The value of the item was declared as £2000 on the customs form so was taken aback with their offer.

 

The t&cs for this specific shipping option states anything lost and damaged within transit would be covered by the supplier with the maximum value being the amount on the declaration so I expected to be reimbursed in full or as close to as possible.

 

My customer is expecting a full refund for all costs which is higher than the declaration so at present I'm likely out of pocket by a vast sum of money.

 

DPD have stated they've closed the case and will offer their liability but no further. I would like to appeal this decision due to their mis leading t&cs.

 

Does anyone have any suggestions or advice on what's the best way to go around this?

 

Thanks in advance,

[BankFodder]

Of course if the courier is not carried out their contractual obligations correctly by failing to deliver the parcel then they should be 100% liable – at least to the value of the declaration.

 

You say you're going to be out of pocket anyway. What is the actual value of the parcel? And also why is there the discrepancy?

[Pippym1]

Hi there,

 

Thanks for the reply.

 

The full refund total is near £2500 owed to my customer which includes reimbursement of the product plus reimbursing of my services and any fees incurred during this time. So the settlement figure is more than the items value.

 

How is it possible to prove the value liability if they are offering such a low sum? I've already reiterated their t&cs in my letters of complaint which has fallen on deaf ears as only been contacted via telephone and only by my local depot rather than higher management who was also contacted from myself.

 

Just feel like this case hasn't and isn't being taken seriously.

[BankFodder]

You obviously need to take control of the situation. Start off by reading our customer services guide and implementing the advice there. Do not make any more phone calls or accept any more phone calls until you are recording them. Once you have installed a recorder then you should make some phone calls to see what kind of things they say and get the varying stories that they will give you.

 

Please can you put up the TNCs in question – in PDF format or else link to them. Did you have a "insurance"? I don't particularly understand how they appear to have agreed to cover you to the extent of the declaration – if they haven't charges some insurance for this. (As it happens, my view is that these insurances are unnecessary anyway – but that's another matter)

 

Have you written to them at all?

 

Can you tell us what the item is please. I don't really understand what you mean when you refer to "services and any fees…"

[Pippym1]

Thank you for your advice, I'll all of this on board.

 

In relation to your questions, please find answers below;

 

dpd.co.uk/classic_terms_and_conditions.jsp

 

Yes I do have business insurance. The parcel itself was sent on a standard DPD classic rate, I've been told verbally by DPD that since I have t&cs I should be fine in relation to full liability but this has not been recieved in writing at any stage.

 

I've contacted them directly every day via phone and lastly by email to both my local depot and the ceo. This has not been responded to via DPD - only recieved phonecallls.

 

The parcel in question contained a handbag. I offer a restoration service which is where the services and fees come from.

 

Thanks,

[BankFodder]

Thanks for the link to the T&Cs but this takes me to the entire contract. It would be helpful if you could link to the particular passage in question or else copy it here

 

Where I suggest that you install your call recorder and start getting a bit of verifiable/confirmable information down and then we can go somewhere.

 

I don't understand why DPD apparently telling you that because of your business insurance it will be fine and then they limit their liability to 8 quid.

 

I suggest that you lay it all out to them in a formal letter and send it recorded delivery. While you are waiting for a response start recording calls to gather all the information you can.

 

After about 7 or 10 days we can see what you've got and we can decide where to go.

[Pippym1]

Thank you. I've pasted the paragraphs I believe show dpd to be liable for loss/damage to the declaration value.

 

8. LIABILITY FOR LOSS AND DAMAGE AND DELAY

 

8.1 Subject to the provisions of this Section 8 and Sections 5.3, 9, 10 and 11, the Service Provider shall be liable for any physical loss of, or physical damage to, goods during Transit (as defined in Section 6), and storage, except as described in the specific provisions published on the website of the Service Provider at .dpd.com and except to the extent that such loss or damage has arisen from or consists of

 

AND

 

9. LIMITATION AND EXCLUSION OF LIABILITY

 

9.1 Except where apply (1) any compulsory obligation or (2) any increased cap offered by the Service Provider as published on the website of the Service Provider or (3) any "Extended Cover" purchased by the Customer and based on declared value of goods as specified in the Service Provider website at dpd.com and subject to Sections 5.2, 8, 9, 11, 12 and 13 hereof and the other provisions of this Section 9, the Service Provider's liability for the loss of or damage to any goods and/or for any other matter (howsoever arising) under a Contract shall be limited to the lesser of the repair or replacement cost of lost or damaged goods (the Customer shall provide proof of value of goods lost or damaged) and;

 

a) if transportation by road, the liability cap set out as a minimum in the provisions of the CMR.

 

Subsequently, they states today the CMR is the value they have offered today at a rate of £8.78.

[BankFodder]

Thank you. I've pasted the paragraphs I believe show dpd to be liable for loss/damage to the declaration value.

 

8. LIABILITY FOR LOSS AND DAMAGE AND DELAY

 

8.1 Subject to the provisions of this Section 8 and Sections 5.3, 9, 10 and 11, the Service Provider shall be liable for any physical loss of, or physical damage to, goods during Transit (as defined in Section 6), and storage, except as described in the specific provisions published on the website of the Service Provider at .dpd.com and except to the extent that such loss or damage has arisen from or consists of ???what?? something missing

 

AND

 

9. LIMITATION AND EXCLUSION OF LIABILITY

 

9.1 Except where apply (1) ???? any compulsory obligation or (2) any increased cap offered by the Service Provider as published on the website of the Service Provider or (3) any "Extended Cover" purchased by the Customer and based on declared value of goods as specified in the Service Provider website at dpd.com and subject to Sections 5.2, 8, 9, 11, 12 and 13 hereof and the other provisions of this Section 9, the Service Provider's liability for the loss of or damage to any goods and/or for any other matter (howsoever arising) under a Contract shall be limited to the lesser of the repair or replacement cost of lost or damaged goods (the Customer shall provide proof of value of goods lost or damaged) and;

 

a) if transportation by road, the liability cap set out as a minimum in the provisions of the CMR. What is this??

 

Subsequently, they states today the CMR is the value they have offered today at a rate of £8.78.

 

well you have probably looked at this more closely and more frequently than I have but at the moment I don't really understand much of it at all – apart from the puzzles which I have emphasised in red

[Pippym1]

Thanks for your reply.

 

It took DPD nearly 3 weeks to tell me the CMR rate, even they didn't know without full research. I still don't know what it stands for in all honesty! But they claim it's a standard rate that fluctuates daily.

 

There are further addtions to each block of text, I thought best not to copy the entire section as they're not applicable to my case.

[Mr.P]

It took DPD nearly 3 weeks to tell me the CMR rate, even they didn't know without full research. I still don't know what it stands for in all honesty!

 

This may help to explain CMR, what it is, and compensation rates: https://bifa.org/library/freight-business/commercial/legal-issues/the-cmr-convention

[stu007]

DPD will have a rough idea where your item went missing due to there tracking of that item.

 

Something you could consider asking them is was your item when it was lost in the possession of an Owner Driver(ODF).

 

Look at this link: https://drivers.dpd.co.uk/

 

Go down the webpage to 'Read all about becoming an Owner Driver Franchise', then Click on it. (please bear in mind this automatically downloads a PDF before downloading)

 

Open that PDF and have a good read, especially from page 4 onward as an example 'As an ODF you'll be your own Boss'

[BankFodder]

This may help to explain CMR, what it is, and compensation rates: https://bifa.org/library/freight-business/commercial/legal-issues/the-cmr-convention

 

thank you. This is very helpful.

 

So finally at post 12 we start to get an idea of what the situation is about.

 

The claim value of the OP is based on this: –

 

Compensation

This is calculated in relation to the value of the goods at the time and place at which they were accepted for carriage, and the value is based either on the commodity or market price, or, where there is no such price, the normal value of similar goods. Most Western European states have ratified a protocol to the CMR introducing compensation limits based on 8.33 SDRs per kilo of gross weight of the goods lost or damaged. An explanation of SDR – Single Drawing Right can be found in the Resources section of the library In addition to compensation for loss or damage, the carriage charges, customs duties and other charges incurred in respect of the transit are refundable in full in the case of a total loss, or pro rata in the case of a partial loss. Where the exporter or importer proves loss suffered through delay, an amount not exceeding the carriage charges may be recovered.

 

Higher compensation is possible if the exporter makes a declaration of value, which must be shown on the consignment note, but in such cases the carrier is entitled to a higher freight rate. I f the goods are not delivered within 30 days of an agreed time-limit, or in any other case within 60 days, a claimant can treat the goods as lost and claim compensation. Although the time limits set out above apply both to claims made in contract or in tort (the process by which an individual who was not part of the contract but responsible for executing it could potentially be sued), the carrier will lose the benefit of the CMR defences and limits of liability if the loss is caused by wilful misconduct. In one case, an accident caused by a driver who had grossly exceeded EU drivers'' hours rule limits was held to be attributable to wilful misconduct.

… In particular the part which I have emphasised.

 

So I take it that DPD agreed to deliver an item for you. They lost it. You made a declaration of value of £2000 and DPD either opted or declined to charge a higher freight charge. Whatever the case, the value was clear and they had an opportunity to adjust their carriage fee.

 

Now DPD are declining to on of the declaration value and instead are offering some other value of about eight quid.

 

What I don't understand is – how do they calculate that value. Maybe you can help us with this but I would appreciate if you could get to the nugget of the issue

[Pippym1]

thank you. This is very helpful.

 

So finally at post 12 we start to get an idea of what the situation is about.

 

The claim value of the OP is based on this: –

 

 

… In particular the part which I have emphasised.

 

So I take it that DPD agreed to deliver an item for you. They lost it. You made a declaration of value of £2000 and DPD either opted or declined to charge a higher freight charge. Whatever the case, the value was clear and they had an opportunity to adjust their carriage fee.

 

Now DPD are declining to on of the declaration value and instead are offering some other value of about eight quid.

 

What I don't understand is – how do they calculate that value. Maybe you can help us with this but I would appreciate if you could get to the nugget of the issue

 

 

Thank for your advice. I wonder how easy it will be to ascertain this information. Even dealing with DPD today has been a nightmare. I've been told they're still conducting the search and a claim will be processed once it's deemed to be lost.

 

It appears they clearly don't communicate!

[Pippym1]

Small update: my insurance won't pay out on the claim so I'm in a worse position than last week as now 100% responsible for reimbursing my customer £2500. I'm hoping to appeal still with DPD but still no further forward to understanding the t&cs and my rights.

[BankFodder]

Thanks for the link to the T&Cs but this takes me to the entire contract. It would be helpful if you could link to the particular passage in question or else copy it here

 

Where I suggest that you install your call recorder and start getting a bit of verifiable/confirmable information down and then we can go somewhere.

 

I don't understand why DPD apparently telling you that because of your business insurance it will be fine and then they limit their liability to 8 quid.

 

I suggest that you lay it all out to them in a formal letter and send it recorded delivery. While you are waiting for a response start recording calls to gather all the information you can.

 

After about 7 or 10 days we can see what you've got and we can decide where to go.

 

have you acted on any of the advice that I gave you in the post which I have quoted here?

[Pippym1]

Yes I am, I'm working on my formal letter at the moment. Thought it best to clarify my options if this wasn't successful - definitely clarified! Will act on the phone calls this week.

[BankFodder]

Maybe you could post the letter up here when you have completed it – but before you send it.

 

It will help us to understand the full story and also maybe we can suggest any changes

[Pippym1]

Last week I requested all the information to make a formal complaint. This took 4 working days to receive but have it all recorded. I also emailed my complaint email to them to which hasn't had an acknowledgement from anyone in DPD even though they have contacted me. Not quite sure where to go if they're not even responding. Any suggestions welcome

[disgruntled2007]

Last week I requested all the information to make a formal complaint. This took 4 working days to receive but have it all recorded. I also emailed my complaint email to them to which hasn't had an acknowledgement from anyone in DPD even though they have contacted me. Not quite sure where to go if they're not even responding. Any suggestions welcome

 

It was already suggested that you post up details of your drafts but you chose not to.

 

Unless more Information is forthcoming the experts will not be quite sure where to go either.

 

You got to give info to get advice.

[Pippym1]

It was already suggested that you post up details of your drafts but you chose not to.

 

Unless more Information is forthcoming the experts will not be quite sure where to go either.

 

You got to give info to get advice.

 

Thank you, that's noted.

[Pippym1]

I'm unable to attached the letter as a document so will paste below will personal details removed. I have also requested search information from the depot and have their reply recorded as previously suggested.

 

To whom it may concern,

 

In relation to the phonecall from xxxx at xxxx depot I’m extremely dissatisfied with the offer that has been given for claim xxxx. I believe £8.78 is an insufficient sum to compensate the loss incurred. The item’s value was declared at £1500 which once my customers full total expenditure has been calculated sums to £2479.

 

Further to your terms and conditions for DPD classic as found below;

 

8. LIABILITY FOR LOSS AND DAMAGE AND DELAY

8.1 Subject to the provisions of this Section 8 and Sections 5.3, 9, 10 and 11, the Service Provider shall be liable for any physical loss of, or physical damage to, goods during Transit (as defined in Section 6), and storage, except as described in the specific provisions published on the website of the Service Provider at http://www.dpd.com and except to the extent that such loss or damage has arisen from or consists of.

 

9.1 Except where apply (1) any compulsory obligation or (2) any increased cap offered by the Service Provider as published on the website of the Service Provider or (3) any "Extended Cover" purchased by the Customer and based on declared value of goods as specified in the Service Provider website at http://www.dpd.com, and subject to Sections 5.2, 8, 9, 11, 12 and 13 hereof and the other provisions of this Section 9, the Service Provider's liability for the loss of or damage to any goods and/or for any other matter (howsoever arising) under a Contract shall be limited to the lesser of the repair or replacement cost of lost or damaged goods (the Customer shall provide proof of value of goods lost or damaged) and;

a) if transportation by road, the liability cap set out as a minimum in the provisions of the CMR.

 

 

Nowhere within this document does it state a compensatory sum of £8.78.

 

In addition to this information I requested a detailed explanation Monday 22nd January with evidence on how a search has been conducted and investigated regarding this matter; which took 4 working days to produce due to the manager being ‘too busy’. I wholly believe this matter in particular has not been taken seriously nor do I believe a thorough and concise search has been completed.

 

I would also like an answer to the comment made by your representative within the xxxx depot on the item possibly being stolen whilst it was within your care.

 

Why do you think it was stolen? Is there CCTV at the depot(s)? Has the driver been contacted to determine the whereabouts of my parcel?

 

How has this comment/action been investigated and whether such matter has been reported to the police (if not, why?).

 

I feel completely exasperated in the way this has been dealt with and handled. I as a small business owner spend xxxx on average annually for the courier services required and myself and my customers are dependent on the services provided and the loss of confidence in your service is too severe. My business is growing and the annual expenditure towards DPD will likely grow and if this matter isn’t dealt with in a swift and correct manner I will absolutely take my business elsewhere.

 

If I don’t have sufficient answers to all of the above and/or a resolution to this matter within 14 days I will end my contract with DPD and persue legal actions.

 

Regards,

[galina]

Hello, just wanted to ask if you had any results with your claim as i have a similar situation. DPD lost one of my parcels and the items value is about 1500.00 and they offer back only about 100. So i wonder if it is worth going through claims or to go to Small Claims court directly. Thank you

[BankFodder]

Hello, just wanted to ask if you had any results with your claim as i have a similar situation. DPD lost one of my parcels and the items value is about 1500.00 and they offer back only about 100. So i wonder if it is worth going through claims or to go to Small Claims court directly. Thank you

 

Please start a new thread for this and tell us the whole story. Then maybe we can advise

[Pippym1]

Hello, just wanted to ask if you had any results with your claim as i have a similar situation. DPD lost one of my parcels and the items value is about 1500.00 and they offer back only about 100. So i wonder if it is worth going through claims or to go to Small Claims court directly. Thank you

 

I had no further success via DPD with this claim. I did every the previous posters suggested but didn't have any further feedback and the claim was closed. It sounds like your parcel had the value declared but not properly insured so the £100 rate would be offered for air mail as a standard. Best of luck!

[gemgem2200]

good luck