Parcel2go/InPost/Hermes - Parcel Damaged Beyond Repair

[Parcelpox]

I will provide a concise timeline in the second post and a rambling account in this one. I have been an avid reader over the years in anticipation of this day coming, so I am familiar with most of the concepts and have done a fair bit of reading other related threads. Reasonably thick, so you might need to break things down for me and hammer some points home. 

 

Things to note:

 

I am in Scotland.

 

eBay item. Nintendo Switch video game. Value £32. Fully declared to parcel2go (details imported directly from eBay)

 

Delivery booked through Parcel2go. Service selected: InPost Lockers. This service is fulfilled by Hermes. No insurance/parcel protection.

 

Package reached the final delivery courier but has now been declared Damaged Beyond Repair.

 

All documentation/emails etc saved and available if required.

 

Steps taken: 

 

Contacted parcel2go. Their response is 'no insurance no refund' apart from shipping cost. They did say the parcel will be returned to me but this seems unlikely based on reading other people's experiences. I understand I may be rebuked for this assumption.

 

A choice of companies to go after. I think that I should contact Hermes next for confirmation of the parcel status. Is that right? Or should I try InPost?

 

I know it is a low value parcel but I am prepared to see this through if as expected full compensation is not provided. The main difference to most of the cases I read on this forum is that I am in Scotland. Please see next post for timeline.

[BankFodder]

Please can you post up in PDF format the message which you have received from P2G in which they tell you that the parcel has been damaged and will be returned to you.

[Parcelpox]

Order placed via Parcel2go 02/01/2021 8:19

 

Dropped @ InPost Parcel Locker 02/01/2021 9:23

 

We've collected your parcel from the ParcelShop and it's on its way 02/01/2021 15:56

 

Entered the Hermes Network 02/01/2021 20:09

 

We've got your parcel and we're processing it for you 02/01/2021 20:09

 

At the national sorting hub 05/01/2021 10:54

 

At the customers local depot 05/01/2021 17:24

 

Your parcel is at our local depot and on its way to you 06/01/2021 05:20

 

On its way to the courier 06/01/2021 06:14

 

Due to be delivered today 06/01/2021 08:51

 

Your parcel is at our local depot and on its way to you 06/01/2021 11:13

 

Parcel damaged beyond repair 07/01/2021 01:16

 

We're not able to deliver your parcel. Please contact the sender as soon as possible 07/01/2021 01:16

 

Contacted parcel2go via Live Chat. They say I can claim shipping but not parcel value due to no insurance. They say parcel will be returned to me but I don't believe them 

 

Any thoughts on next steps?

 

[Parcelpox]

22 minutes ago, BankFodder said:

Please can you post up in PDF format the message which you have received from P2G in which they tell you that the parcel has been damaged and will be returned to you.

Thanks for the swift reply. I've attached the PDF. 

Gmail - Your Chat Transcript (1).pdf

[BankFodder]

So far as I can tell, this is not a transcript which shows P2G telling you that the parcel is damaged. It seems to me that you are telling them that you have been told by Hermes that it is damaged.

What I'm looking for is first hand evidence telling you that the parcel is damaged

 

In fact this conversation seems to be that you have told P2G that you have been told by your customer that Hermes tell them that the parcel is damaged.

Then P2G have told you that if this is the case, that the parcel will be returned to you because you are the sender.

This is rather different from the way you expressed it in your opening post

[Parcelpox]

com.google.android.apps.photos.Image (1).pdf

15 minutes ago, BankFodder said:

So far as I can tell, this is not a transcript which shows P2G telling you that the parcel is damaged. It seems to me that you are telling them that you have been told by Hermes that it is damaged.

What I'm looking for is first hand evidence telling you that the parcel is damaged

I have tracking information which states Parcel Damaged Beyond Repair. Please see attached. I suspect this would not be considered first hand.

 

So my assumption that I should obtain confirmation from Hermes is correct?

[BankFodder]

Note, this most recent PDF is fine.

I hope that you understand that when one is considering litigation then one has to be very careful to be precise about who said what and not simply make interpretations of documents or conversations which turned out to be incorrect.

On the basis of what you have got here, it seems to me that you may as well go ahead and send a letter of claim to P2G and tell them you have been told that Hermes of damage the parcel and that they, P2G, have informed you that the parcel will be sent back to you.

Tell them that so far it has not been returned but you require its return in order to ascertain the damage and the eventual claim that you will be making.

Tell them that if they do not return the package to you within 14 days that you will claim in the County Court against them for the entire value of the loss and also you may hold them liable in conversion for failing to return the parcel.

If you are happy with this approach then post a draft letter of claim here so that we can check.

Make sure that you have read thoroughly a fair number of the cases that we have here – mainly against Hermes – but they will probably follow the same pattern. Also make sure that you understand the steps involved in bringing a claim in the County Court. We have lots of information on bringing a small claim here.

If you are not sure that you are prepared to go ahead with this then don't send the letter of claim. Don't bluff

[Parcelpox]

Thanks again for responding so quickly and explaining fully.

 

I will indeed go ahead and draft a letter of claim which I will post here before sending.

 

As I am in Scotland, would I be correct in thinking that I can use the Simple Procedure for small claims or do I need use the English procedure? No rush to reply to this, I'll refresh my memory by having a sift through the small claims information on the forum.

[BankFodder]

I will ask my colleague @Andyorch to chip in on the procedure to be used.

[AndyOrch]

You could use either....its whether there will be any actual court attendance involved...possibly not with the current covid restriction's in place and therefore a remote hearing.If you issue through Scotland all will be dealt with in Scotland...if you issue through MCOL...it will be the defendants court unless you get it transferred up to Scottish Courts...complicated..even more so if you have to execute judgment or having to deal with jurisdiction.

 

I would Issue through MCOL...far simpler....and all can be dealt with without having to attend an English Court.

[Parcelpox]

Thanks for the reply. I'll use MCOL.

 

Is there agreement that I should pursue Parcel2go? I half expected to end up going after EVRi as the package was damaged whilst in their possession.

[BankFodder]

But your contract was with P2G.  You can take  your choice but P2G might be the more natural choice

[Parcelpox]

That's fine, just want to be sure.

 

Will update again in the next 24 hours.