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DPD dispute regarding parcel posted from the UK to Australia. Shows as being delivered, and again confirmed when FIRST dispute opened.


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We are a UK limited company in the UK and posted children's books (that we buy from our supplier) to an AU school August 20th, and it shows in the DPD account as having been delivered August 28th. 
Therefore no action needed.

In October the school contacted us to ask where the books were. Because of covid they had thought perhaps delayed.
I gave delivery details. (August 28th)
They said def no delivery. 
However they did say that this was not a suprise; they had been told a few parcels had been delivered when they hadnt. (So did the courier scan it but not deliver it)

I contacted DPD to ask for the local tracking to chase, stating the above. 
They ignored that, and opened a dispute. 
I received the attached, stating that the parcel had been scanned as delivered August 28th

School confirmed no delivery. 
I called DPD and was told that the courier was Fastway but he couldn't see a tracking number.

I contacted Fastway with the delivery details and date, and asked them to investigate. 
They said they wouldn't deliver there and to get back to DPD. 

I have asked DPD for the local courier details and tracking about 10 times, and been ignored. If the courier had scanned it as being delivered, but not,  its surely up to DPD to get the value of the parcel back from them if the issue lies there. But our contract is with DPD. 

I again wrote and explained the situation and a second dispute was opened. 

Re value.
When we booked my assistant had thought it was a set of children's books that we sell - value 425 pounds, and had put that and declined the extra insurance. 
In fact the order was for TWO sets, and so the actual value was twice that. 
When I opened the dispute I said I understood I would only be able to claim the declared valued of 425 plus shipping (about 110 pounds) 

They have now offered the 50 pounds that was included as insurance and the shipping. Not the 425 value plus shipping.
And they have STILL not said who reported they delivered the parcel.
 
I have declined the offer, saying it wasnt lost of damaged - the courier had confirmed it had been delivered and given a date - and said it was scanned. 
So they will have details of the person who supposedly took possession of it - or the name of the courier who scanned something he or she kept. 
Either way, there is no mention of it being lost or damanged (no explanation at all)
I have never experienced this before as we usually use Parcel2Go and they give us the local courier details with tracking.

So after declining the offer of 50 pounds twice (they said the amount was fair) I am thinking I should be sending a certified letter, stating that the courier confirmed it was successfully delivered (and scanned) and as such we need the value reinbursing.
We are now going to have to replace those TWO sets and will be out of pocket - however we are not asking for the full value as that was our error. Just the declared value.

Or should we just go directly to Small Claims?

We have, of course, sent confirmation of sale (showing value for two sets of about 900 GB pounds)  The claim would simply be for the declared value (425 pounds) plus shipping.

Advice appreciated.       

  
 

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I have realised, since posting this, that the 'value' we would be wanting is to get us back to the position we were in before this, ie the amount it will cost us to order new books to send out to them. Not the sale price  (the amount they bought them from us for) which was the declared value on the parcel info.

The value is higher than the declared value.
 
Tried to update but must have been too long after posting.   

Thanks again for any advice about resolving this quickly.

Edited by TT2020
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You will only be able to claim for the declared value.

However, on the basis of what you say here, if you issue claim – which I suppose you will have to – your chances of success are excellent.

I expect that they will depend on the issue of insurance and the fact that you should have paid for their insurance cover. If you read around the threads on this sub- forum you will quickly understand that our view is that it is unfair and unenforceable that you should be required to take out insurance to protect yourself against their negligence or the criminal acts of their employees.

I'm just a little bit unclear as to the situation regarding the evidence of delivery. At some point I understood that the company fastway said that they would not deliver to that address. Is this correct?

Please can you clarify what evidence there is that it has been delivered – and what evidence you have that it has not been delivered

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There was no extra insurance taken out - it is showing as having been covered for 50 pounds. See attached. 

Declared value 425 pounds.

In our DPD account it is showing as having been delivered August 28th at 11.30am but no info about which courier company they used for the final (AU) part of the journey. 

I was told by someone at DPD when I called, that it was showing as Fastway couriers. I actually have no idea who I spoke to and how- I may have called a DPD warehouse  (it didnt sound like customer services!) But Fastway said they dont deliver to that post code. 

The school principle emailed me to say there was no delivery. 

So I had expected to contact the local courier who would confirm the name given on delivery, even if they do not keep scanned signatures (as shown in the message from DPD clarifying, after the first dispute) that it had been scanned in as delivered on August 28th.

DPD wont give me any info about that leg of the journey- why they were told it had been scanned in as delivered August 28th, or why they were told that again when a dispute raised.
 
If they give that I can contact that courier. Because if they have proof of delivery, perhaps someone at the school took it and lost it (and we would not, therefore, need to send new books)

I am frustrated as they are not giving me enough info. If scanned as delivered, where is the info? 
If the school did receive them Im annoyed at having to send yet another set. But what do I do?   
 

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Edited by TT2020
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I'm wondering whether in addition to their breach of contract/negligence, we may be able to imply a term that they should supply you with all relevant information. Please could you point us to their terms and conditions

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Well now this is interesting. My assistant chose NOT to use parcel2go (who we usually use) as more expensive, and so went direct with DPD. But in their terms and conditions it says DPD local IS parcel2go?

https://www.dpdlocal-online.co.uk/content/about-terms

So they had said it had been scanned and delivered.  If so on what grounds are they even offering to pay 50 pounds plus the shipping fee? If they have this proof, then why? What are they NOT disclosing? They had this confirmation from the courier. So why not tell me to contact the person who received it (and tell me who that was) Surely, if they say they delivered the goods, their part is ended. And so they send proof of delivery, and I take it up with whoever is listed.
And if there never was a scanned delivery who confirmed that it had been delivered - twice.


     

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I'm not sure what relevance the particular identity is. I suppose it is curious about the association between DPD and parcel2go but I don't think it's important.

I think the most important thing is that you entered into a contract and they breach the contract through their negligence. You didn't insure and of course they will try to rely on that and say that because of that their liability is limited to £50 and you will have to argue that that is an unfair term under the Unfair Contract Terms Act 1977. (You are a business so you wouldn't take the benefit of the Consumer Rights Act provisions on unfair terms – but it seems to me that the provisions under the 1977 act are completely adequate.

You can have a look through if you want https://www.legislation.gov.uk/ukpga/1977/50

 

They will say that they exclude liability for negligence anyway – but in fact they are only entitled to do that if the exclusion is reasonable in all the circumstances.

They will also say that you didn't take out insurance – but once again that term has to be reasonable.

They will say that in fact it has been delivered and it has been lost by your addressee – and you will have to say that they should prove it.

Of course if it has been lost by the addressee then that would be the best outcome because then you would be spared the full value of the consignment and not simply the declared value

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Thank you!

 

parcel2go offer a price comparison service and DPD will be a choice.

They are a third party company who just facilitate the billing. We usually use them. 

I tried to get info from DPD and struggled, and they gave me a different email - 

 

But it seems that the DPD site we used for this booking ARE parcel2go.

 

Its highly misleading. It’s only now that I realise I wasn’t sending my parcels with ‘DPD’ even though the DPD logo is on the site. 

https://www.dpdlocal-online.co.uk

 

See Terms and Conditions 

 

b) This Website Service is provided to you by Parcel2Go.com Limited and your Contract for the Transportation of your goods and other services is formed with Parcel2Go.com Limited.

 

c) The Services are provided by Parcel2Go.com Limited, a company registered in England and Wales under company registration number 02591405 whose registered office is at The Cube Coe Street Bolton Lancashire BL3 6BU, and (where appropriate) subcontractors or couriers acting on its behalf (P2GO/we/us).

 

 

 

Parceltogo facilitate the booking (too late to edit the typo)

 

My scam radar is up. 

 

So when we go to parcel2go, a price comparison site, they own one of the 

Companies they promote? Without telling us that?

 

I checked further and it says on the DPD site that DPD also has a sister company in the UK, DPD Local, which is a franchised network that focuses on express parcel services for SMEs.

 

nowhere does it say that it’s owned by parcel2go.com ltd 

 

Imagine going to a mortgage comparison site, mortgages2go let’s say, and they didn’t tell us that Halifax Local was owned by them. 

 

Isnt that whats happening here?

 

They are misleading consumers.

 

Looks like a comparison site. 

But DPD Local IS Parcel2go.com Ltd

 

lets day they’re just promoting DPD (the international company) on the parcel2go site - there’s no disclosure about that. 

 

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Okay – but I'm not sure that it changes anything. It simply means you've got a contract with somebody else and you make your claim against them.

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So I now know the claim is with parcel2go. At no point have I been told that. So when going to small claims I am making a claim against Parcel2Go. As a comsumer action group site I would think those taking action against DPD Local would be interested.  

 I can count 11 times in correspondence with DPD (local) when I ask DPD why they don't do what parcel2go do when I ask for the local courier and tracking, to chase a parcel - and to find out who has said they scanned the parcel as being delivered August 28th at 11.30am. I always get that info from the parce2go web site. 

On no occasion did anyone at DPDLocal say 'we ARE parcel2go.  And I asked them why they dont do what Parcel2go does more than 10 times (give us the local tracking so we can chase it with the local AU courier) As they are the SAME company you'd think they would disclose that when I directly mentioned it.    

I think this matters to consumers? Its a red flag, to me at least. that they're being misled.

Parcel2go is probably the number 1 parcel delivery comparison web site in the UK. And I doubt UK consumers know that DPD Local ARE Parcel2go. 

So I guess Ill be filing in small claims against Parcel2go.com Ltd. Even though not once has that company name been mentioned during my correspondence.     

Im also wondering why DPD local dont have any information on their web site about filing a complaint about them - whether there is an ADR, how to get a letter of deadlock to then go to small claims, having explored all avenues. 

I wonder if they are part of POSTRS?
https://www.which.co.uk/consumer-rights/advice/what-are-my-rights-if-a-parcel-i-sent-is-late-or-missing#how-to-complain-about-other-courier-services
 If your complaint still can’t be resolved, you can ask the independent postal redress scheme (POSTRS) to investigate your case. But, only regulated postal operators are covered by this scheme. 

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In terms of dealing with your particular problem, the identity of the defendant is not a problem – as long as you get the identity correct.

In terms of dealing with your particular problem, the fact that there might be some comparison site deception going on which may or may not be deliberate, is not relevant.

Of course it may be relevant as a completely different issue and that should be the subject of a different discussion. Whether or not you have been misled, seems to me to have MC no bearing on the fact that your parcel hasn't been delivered and they won't compensate you for it.

I think it's important not to be distracted by this other issue.

Double check your contract – receipt – where the money went, et cetera. The last thing you want to do is to begin a claim against the wrong defendant and they then respond that you are suing the wrong identity. That would just lead to needless complication, a probable abandoning of your first claim with a loss of the costs you have incurred and which won't be recoverable – and then having to bring a second claim with additional costs.

 

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I wrote to DPD UK (dpd.co.uk) when I first heard the school hadnt received the goods, asking about this and they redirected me to DPD Local (who is seems are Parcel2Go.com Ltd) They did not tell me they are not legally linked. 
Same logo. So yes definitely an issue worth looking at 

In their correspondence I have found 'DPD Local DPD4227962 Parcel2Go.com Case ID 1077382'

We have a VIP account with Parcel2go.com Ltd
Hence explaining to DPD Local that our experience with Parcel2go is very different - they give us the local tracking to chase if asked. 
No mention that the two are the same company. 

So I wrote earlier to the person I email as a VIP customer (we are vip customers as we have spent tens of thousands of pounds with parce2go) to ask them to clarify who the contract was with - DPD Local or Parcel2Go.com Ltd - and if both are in fact the same, then who do I put as the defendant regarding a Small Claims case.   
  

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https://www.dpdlocal-online.co.uk/content/about-terms

https://www.dpdlocal.co.uk/terms-and-conditions.jsp

You can see why it would be difficult to know who I am taking to Small Claims court.

 

DPDLOCAL: A SERVICE PROVIDED BY PARCEL2GO.COM

1. PROVISION OF SERVICES

a) The www.dpdlocal-online.co.uk website is hosted by Parcel2Go.com Limited (this Website Service).

b) This Website Service is provided to you by Parcel2Go.com Limited and your Contract for the Transportation of your goods and other services is formed with Parcel2Go.com Limited.

c) The Services are provided by Parcel2Go.com Limited, a company registered in England and Wales under company registration number 02591405 whose registered office is at The Cube Coe Street Bolton Lancashire BL3 6BU, and (where appropriate) subcontractors or couriers acting on its behalf (P2GO/we/us).

d) DPDLOCAL UK Limited is a company registered in England and Wales under company registration number 1421773, whose registered office is at Roebuck Lane, Smethwick, West Midlands B66 1BN (DPDLOCAL).

e) We and/or DPDLOCAL may send you marketing information about DPDLOCAL with your order.


And on the bottom of the other link - an official DPD site that does not mention Parcel2go ANYWHERE, it shows DPD - and DPD local is mentioned. 

Thank for your advice, its been really useful. I think this is an issue many might find useful, and the second (separate) issue of deception should be something I hope someone will look into.

In the meantime I shall wait to find out who, exactly, Im filing a case against!!    

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I'm afraid it may not be an accident that these things are confusing.

To give you an example – which you may already have noticed on this forum, when people send things through eBay, they routinely use Packlink as their broker – and of course Packlink routinely chooses Hermes so that items are sent through Hermes.

When those items are subsequently lost or damaged – which happens an awful lot, as you will notice on this forum – Hermes routinely say that the complainant must go through Packlink because there is no contract with Hermes. Of course this is correct – but Packlink is conveniently domiciled in Spain – out of reach.

So once again it's a game of identities. Luckily, we are saved by the effect of the Contracts (Rights of Third Parties) Act 1999 which confers full contractual rights upon beneficial third parties.

I suppose that if you decided to sue P2G, we could put in as a full-back that you are seeing either directly or under third party rights conferred by the 1999 act. Maybe I'm being overcautious – but it pays to have it right the first time and maybe this idea would head them off at the pass.

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OK, incase interested, and so this is public,  I wrote to DPD Group to ask for clarity. 

They sent this:

We confirm we are not Parcel2Go.com Limited. Parcel2Go.com Limited (Company No. 02591405) uses the trading name DPD Local Online which is not connected to our companies. You will find a link to the Terms & Conditions on their website here which states they are Parcel2Go.com Limited and they are the contracting party at Condition 1. b): https://www.dpdlocal-online.co.uk/content/about-terms.

County Court Claims must therefore be issued against Parcel2Go.com Limited as opposed to ourselves. If a claim is issued, our Litigation Team will apply to the CCMCC to have the claim struck-out. As you can appreciate, this would waste your time and result in the loss of court fees.

You may want to contact them before issuing a claim. You will find their online help service here: https://www.dpdlocal-online.co.uk/; at the 'How can we help?' section.

To clarify: we are DPDgroup UK Ltd (Company No. 00732993) and DPD Local UK Ltd (Company No. 01421773). 

Clear as mud then! 

Here are the 3 logos of the 3 companies. They all have the same icon and font.

DPD Local Online (who are actually Parcel2Go.com Ltd)  https://www.dpdlocal-online.co.uk/ 

DPD Group (red) https://www.dpd.co.uk 
DPD  Local UK Ltd   https://www.dpdlocal.co.uk
And these two companies- that are totally separate - have a service called DPD Local Online 
 https://www.dpdlocal.co.uk/content/products_services/dpdlocal_online.jsp

So yes, I have been told who to sue. But how on earth can they get away with this?

Parcel2go is a price comparison site - and they include DPD.  

Who would I complain to...separate to my missing parcel, that they said was delivered August 28th at 11.30am but wont tell me if it actually was - and the recipient are lying - or it wasnt - and the courier is a thief.

Who is the 'watch dog' or place to complain to about deceptive practices? 

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If you wanted to try make an issue of it then you should try and contact Trading Standards – but good luck there!

I think the most important thing is to solve your immediate problem and then go for the larger problem if you still feel that you want to go ahead.

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