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Parcel2Go/NIghtline lost my Package

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Hi Folks,

Just discovered this forum! I know it's .co.uk but I'm from Ireland and seeking some advice/assistance.

 

This has been a nightmare for me. This has been my first time using Parcel2Go and I really wish I researched them beforehand.

On 15th April I shipped €400 worth of PC parts to Dublin using next day delivery from Ireland. I paid extra for full protection and next day delivery.

Long story short, Nightline have lost the package and confirmed to me over the phone that the package is lost and has been checked in both Limerick and Dublin depots and marked as lost.

Parcel2Go support (which is only email or live chat) have been brutal. Most of the responses are automated until I kicked up a fuss to eventually get to a manager. They opened a case for me on 22nd April. I reminded them countless times that I rang Nightline and it took only around 15 minutes to get confirmation over the phone that the parcel was lost. They told me they can only confirm it through their own avenues/investigation but if Nightline have confirmed it then it should not be long.

 

We are now at the 8th May and the "investigation" still hasn't progressed which comes to the circus of events today:

 

- Just off the Livechat with Parcel2Go. They confirmed that Nightline has not contacted them.

- Rang Nightline and off the phone, they have confirmed that Parcel2Go has not contacted them.

 

Which leads me back to Parcel2Go Live chat, here is the transcript that I have attached.


Not sure how to proceed here. Wait longer?

I still have the money the guy in Dublin paid me for the parts. Should I refund him now or wait until this is sorted?


I can believe how bad this has been. I didn't want to transport the item either but the guy convinced me to use Parcel2Go and send it to Dublin for an easy sale.

 

 

parcel2go.png

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First of all, I would limit the problems that are going to occur as a result of this – and you should refund the purchase it immediately. I don't know if this is a result of an eBay transaction – but it will be better for your feedback if it is. If payment was made through PayPal then they will deduct the money from you anyway so either you will have an argument with your purchaser or you will have an argument with PayPal. If you have an argument with PayPal then you certainly won't win. If you have an argument with your purchaser then frankly four €400 I would be going for the jugular.

The other thing is that in the most unlikely event that Parcel2Go or Nightline decide to put their hands in their pockets and pay you, you will have to demonstrate a loss – and if you haven't refunded the money then you will be able to do that. Incidentally you better make sure you got good records as to the value of the item that you are sending.

He pointed out that this is in Eire and am afraid that it is unlikely that anybody will come along with any understanding of the court process there. If it happened in England then it would be straightforward and the usual approach would be simply either to threaten Parcel2Go or to threaten Nightline and then issue the papers if they didn't put their hands up. They normally don't put their hands up – but once the papers have been issued then eventually they tend to come over to your way of thinking.

I don't know what the rules are for third party rights in contracts in Ireland – so your action/claim will be against Parcel2Go.

Could you point at all to any of the rules of court procedure in Ireland please. Post a link.

In England and Wales we have a small claims process which is excellent. You can issue proceedings online and the papers are served within two days. If you sue for less than £10,000 then even if you lose your aunt obliged to pay the other side's costs. Is there anything similar to that in Ireland?

In fact have a read here

https://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html


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In fact looking very briefly at the situation, you can use the Iris small claims process if you aren't trying to enforce debts and one or two other issues.
In your case because you are trying to remedy a breach of a delivery contract, it seems that the small claims process in Ireland is perfect for you – especially as you are suing for less than £2000. (Compared to England and Wales this is a rather niggardly amount, but it will do).
One question I have to ask – is whether you paid for any "insurance" – not that this is especially relevant. But what is relevant is, what value did you give for the items that you are sending? You say that they were worth £400 is this what you told Parcel2Go when you booked the delivery? This is an important point.


It seems that you can issue the claim online.  https://www.csol.ie/ccms/welcome.html

This has been going on since 22 April – frankly I don't think you need to wait too much longer. If you I would decide to take action against Parcel2Go because it is clear that the company that they contracted with – Nightline have admitted losing the parcel.

 

I'm basing my advice on the usual rules to England and Wales. I would send Parcel2Go a letter of claim – a very brief outline of the facts and of the admissions made by Nightline and tell Parcel2Go that you hold them liable. Tell them that unless you receive compensation in full for the loss that you will begin a small claims action in the Irish district court and without any further notice.

This advice is subject, of course, to the answers that you will give me to the two questions which I have posed above.

Before you go ahead and send this letter of claim, you should take a day or so to look through the various websites and to understand the procedure thoroughly. I'm sure it is pretty easy – but you want to make sure that you know the steps and you aren't simply finding your way as you go along. If you know the steps in advance then you will have confidence in what you're doing.

On previous experience, Parcel2Go will ignore your letter of claim. You will issue the papers and then eventually they will put their hands up and pay are including your court fee. However, prepare for it to go to court – and if you've never been to a civil court before then you should pay a visit. It will give you confidence. Follow the link to our making a court familiarisation visit guide and although this refers to the English small claims court, it will have very useful advice for you.
I'm quite sure that the public is admitted to the Irish courts in the same way they are here. It would be scandalous if they're not.

That lot for starters, anyway.
 


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Thanks for the detailed response! A lot to take in!

 

First thing is first, I contacted the purchaser and told him I would refund him later once I get home as this has gone on too long. At the very least that's one load off of my mind.

 

Secondly, I did pay extra for "protection" from Parcel2Go. I listed the contents value of "€400". In my claim page, they have the contents value of "€400" and parcel protection of "€400". I have attached a picture of the enquiry details from Parcel2Go. The option on the website itself is "Yes, I would like to protect my €400.00 parcel against loss or damage".

 

In total (according to my PayPal receipt) I have paid €62.36 to Parcel2Go for next day delivery with Nightline and Parcel Protection.

 

Ireland does have a small claims court and I have heard in that past that it is pretty straightforward. However it is all new to me.

Small Claims Court: https://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

I've also found this nifty site with instructions: http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/35EAB9E31077DF528025810D00355544?opendocument&l=en

 

I'm going to do a bit of research here and familiarize myself with our system.

Thanks for the advice! There is also a court-house around the corner from where I work but it's next to a jail and I think it might only be used for that. I'll investigate!

parcel2go.png

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Parcel2Go are used to prevaricating and exhausting their customers to the point where people just give up.

Be assertive. Take control. Send the letter I suggested immediately – given the two weeks. Don't get involved in protracted discussions. At the end of the 14 days notice – click off the claim.

I'm afraid that aggressive and assertive action with these people is all they understand. Otherwise you become a victim.

This is interesting to us because we have no Irish experience – please keep us updated.


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Thank you for the advice! I will keep you updated on how it goes! 

  • Thanks 1

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Quick update, I've initiated Court Proceedings through the Irish Small Claims court system. It's still currently being reviewed.

 

Parcel2Go did reply to my letter of claim with a auto-mated looking email:

 

Quote

Good Morning NAME,

Thank you for your email.

My apologies for the issues with the delivery of this parcel being made.

Unfortunately, this investigation is currently ongoing, therefore, we need to leave it with the courier until they confirm this as Lost or located.

We aim to resolve enquiries in 14 working days from the date they were initiated, however, sometimes these investigations take longer due to different reasons. I do apologise for this, NAME.


My Parcel2Go claims page has since been updated 4 times rotating between "Pending Courier" and "We have requested further information directly from courier, we will let you know once they have replied to our request.".


I am hopefully seeing the end approaching now but good lord this has been an absolutely horrible experience. I'm still shocked it's even had to go this far!

 

 

 

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I don't know how the small claims process works in your jurisdiction – but after a certain amount of time you should be able to go and apply for judgement. Watch the clock very carefully – and at the moment you are allowed to apply for judgement – just go in and do it. Don't hang around.

Keep us updated


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