Parcel2Go package not received

[Alex Davies]

Hi folks,

I have sent a parcel with Parcel2Go but it has not been delivered to the person. On the tracking options in the site, the parcel is written as delivered, but it has not been delivered.

Now I have read their policies regarding refunds and etc., but unfortunately, I am not educated enough to understand what exactly are my rights here.


(c) it is not possible for us to obtain cover which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such cover would be much cheaper if taken out by you (rather than us taking out such cover and passing the cost on to you) and, on that basis, it is more reasonable for you to take out such cover from an independent third party. Please note that you are also able to purchase Parcel Protection from us for your Consignment during the ordering process;

(e) in light of the above, we wish to limit our liability for any damage or loss caused to you to a level which we consider reasonable to our low charges for providing the Services;

The Extent of our Liability

6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7.

6.5 We shall not be liable to you under any circumstances for:

(a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or

(b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.

6.6 We shall not be liable to you:

(b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or

The Limitation on the Amount of our Liability

6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s) unless you have purchased Parcel Protection for your Consignment from us.

For the avoidance of doubt, this includes any Parcel Protection that you may require in respect of any items listed on the “Items Covered for Loss Only” and “No Compensation Items” lists. No level of Parcel Protection that you purchase from us will render allowable any item which is on the “Prohibited Items” list.

Where you purchase Parcel Protection for your Consignment from us, our liability to you is limited to the lesser of: (i) the value of the Parcel Protection taken out; or (ii) the actual value of the Consignment at the date of loss or damage (as applicable). Where you do not purchase Parcel Protection, you confirm that you accept the risks of not doing so.

I am hoping for someone to tell me if I as a sender have some right to claim the cost of the product itself, not only the cost of the service.

Can I seek my rights in court with a legal advisor/solicitor/lawyer, or no, what do you think?

If someone in the forums has met cases like this and has won them in court, It will much appreciate it if he tells me about it because I will know to seek further help from a solicitor or lawyer.

If there is no chance, it will be much appreciated as well, because I will know not to dig more into this.

Thanks,

[BankFodder]

Were you sending this parcel as a trader or as a private individual?
What was the item that you are sending?
What is its value?
What value did you declare when you organised the delivery?
Have you attempted to secure any proof of delivery such as a copy of the signature?
Have you informed them that their record of delivery is incorrect and that in fact it has not been delivered?

 

[Alex Davies]

2 minutes ago, BankFodder said:

Were you sending this parcel as a trader or as a private individual?
What was the item that you are sending?
What is its value?
What value did you declare when you organised the delivery?
Have you attempted to secure any proof of delivery such as a copy of the signature?
Have you informed them that their record of delivery is incorrect and that in fact it has not been delivered?

 

Hi,

 

First thanks for the answer.

 

I am sending the parcel as a private person.

Scarf.

The value of the object is 50£.

When I organised the delivery I declared a value of 50£.

In their site it is stated that the object is delivered and signed by my friend, but my friend is saying he has not received the object and I trust him.

Yes I have informed them and they closed the case due to the fact I have not ordered parcel protection, and because of this I am looking for a legal advise how to proceed next.

 

Thanks,

 

[BankFodder]

Thank you.

You need to ask Parcel2Go for the sight of the signature. If they produce a signature then you may have a problem. If they don't produce a signature then you have an excellent claim against them for the value of the parcel and you may as well claim for the cost of delivery as well.

Come back here when you find out about the signature

[Alex Davies]

Hi,

 

Thank you. 

 

Just one more thing before I go to them. Are they obligated to present me a signature if I ask them to?

 

Thanks,

Edited September 27, 2019 by Alex Davies

[BankFodder]

I would say yes that they are contractually obliged. If they failed to provide you with a signature then I would say that this would be a good basis for beginning a claim and eventually beginning a legal action.

Make sure that you ask them in writing. Don't do anything on the phone – but if you do then make sure that you have read our customer services guide first. If you do anything on the Internet then make sure you take screenshots or record the screen procedure using some video app

[Alex Davies]

Hi Bank,

 

Now they are saying that our parcel is lost  and it is lost by the delivery company but we still don`t deserve our money but only the service fee.

Now the problem here is that in the tracking order it says delivered and signed by my receiver, so my question is can I still ask for a signature and adress to which my package has been deliver when they are telling me in has been lost?

 

 

[BankFodder]

When you say that they have said that the parcel is lost. Did they give you this information on the telephone or by email or other writing?

[Alex Davies]

Hi,

 

Online chat from which i have a transcript on my email.

[BankFodder]

So they have admitted that they have lost the parcel – effectively they are admitting that they have breach the contract or have acted negligently. I suppose they are trying to rely on the fact that you didn't buy any parcel protection and therefore they are relying on their clause the you are not entitled to recover the value of the parcel – only the service.

I think that you will have to do threaten a legal action in the Small Claims Court by sending them a letter of claim and you may then be obliged to issue the claim. If you win – which is highly likely – then you will recover your claim fee and also your hearing fee.

It is highly likely that they will put their hands up after the issue of the claim papers rather than go to court for this kind of money.

My general view about compensation/insurance/parcel protection cover is that it is absurd that you are being asked to pay extra to protect against breaches of contract by them. Therefore my view is that those clauses are unenforceable.

Did you send the scarf because you are selling it to somebody? Or you are simply trying to get it back to somebody?