Parcel Hero + EVRi = Lost laptop - *** Successful Claim ****

[alanwicker555]

Hi there, 

 

Firstly - thanks so much to the Admins of this forum who are so supportive to others. I've learned so much from reading about other's plights and feel strong solidarity with wronged parcel senders who have visited this site!

 

So - my story...

Reading through other posts I guess I'm yet another victim of EVRi who I sub-contracted with Parcel Hero to deliver a laptop I had sold on eBay.

EVRi were the only carrier offering Saturday delivery when I got my quotations - little did I know that the package would never get beyond 'We've got it' in the tracker.

 

The laptop was worth well in excess of £1,500. I noticed that the very expensive insurance offered by Parcel Hero does not cover computer monitors and also that EVRi do not cover laptops under their terms but the item was well packaged so I felt confident it could only be damaged by serious negligence... I never expected that the courier would simply 'lose' the item and then hide behind their terms and conditions... a hard lesson learned. 

 

I kept a timeline of my activity and actions which I attach.

 

I have also today issued a letter of claim which I include below - this was a light modification of one I found elsewhere on this site.

 

I very much welcome any feedback you may have while I await a response to my letter of claim from Parcel Hero. 

 

Appreciate it!

Martin 

 

 

 

 

 

 

 

 

[alanwicker555]

Hey - thanks for the quick response. For some reason my pasted text appears as JPEG - have sorted that now. Timeline of events is below along with the Letter of Claim that I sent yesterday. I have previously sent a letter of complaint which was rebuffed as I mention above. 

 

I did enter the parcel value when I created the parcel label, I did not take the insurance as I noticed that the very expensive insurance offered by Parcel Hero does not cover computer monitors and also that Hermes do not cover laptops under their terms - I therefore packaged the parcel carefully to ensure it would be safe in transit and took it to the parcel shop. 

 

Timeline of Events:

26th February 2021 - 10:20AM - Dropped off at the ParcelShop. Hermes label printer was used in-store to produce postage label. 
26th February 2021 - 11:55AM - Collected from the ParcelShop (by Hermes driver)
27th February 2021 - 10:20AM - eBay tracking states 'Claims code issued' This is updated every day or so with the same message. 
27th February - 5th March (Various times) - Called Hermes Customer Services and used chat facility multiple times. Unable to speak or connect to agent as parcel was sent via a broker (ParcelHero.com). ParcelHero stated that couldn't investigate as the parcel had not yet been missing for 7 days. 
5th March 2021 - 11:08AM - Emailed Martin De Lange (CEO Hermes UK) requesting assistance.
5th March 2021 - 12:00PM (approx.) - Visited parcel shop, met Hermes driver and was advised to visit depot for further guidance. 
5th March 2021 - 13:00PM (approx.) - Visited Hermes depot in Weybridge. Spoke to customer services representative who stated parcel was highly likely to be 'lost'. Ahmed was very helpful and really put us at ease that someone would look into the matter on his end. Ahmed mentioned that had opened an internal case to try and get the matter looked into. 
5th March 2021 - 13:14 - Opened a case with Resolver.co.uk and entered all known details at the time into the request. 
6th March 2021 - 15:49 - Received email from Hermes support (Sarah Turner) requesting address details of ParcelShop and parcel description which were provided back via email. 
8th March 2021 - 09:30AM - Received response from Hermes via Resolver.co.uk (Asim Hameed) apologising for the conduct of a Hermes 'Service Provider' and that additional action would be taken. Replied requesting further information about my parcel whereabouts and awaiting a response. 
8th March 2021 - 11:00AM - Visited Parcel Shop and met with the owner. Inspected and took recordings from CCTV system showing a Hermes driver collecting the parcels from the shop. My parcel is clearly visible in the recordings and can be seen being taken away by driver. 
9th March 2021 - Reported the laptop stolen with Surrey police. Crime number 45210024254. 
10th March 2021 - 09:48AM Received update from Danial via Resovler.co.uk stating that the parcel is now considered lost and providing a link to a Lost Claim Form. When clicking the link, the form does not work and I was unable to open a claim. When I asked for an appropriate link, I did not receive a response. 
10th March 2021 - 12:55PM Received call from PC Ian Heathy from Surrey Police EXT 37662 and discussed what had occurred and the timeline. The officer informed me that there was no reasonable way for Surrey Police to investigate the matter but agreed to email Hermes CEO (Martijn DeLange) requesting details of what internal investigations had concluded. 
12th March 2021 - 16:34PM Sent message via resolver.co.uk stating that I was unable to open a claim with Hermes due to a server error and requested an alternative means to create a claim. No response was received. 
16th March 2021 - 10:25AM Sent further message to Martijn DeLange stating that I was unable to open a claim due to a server error and provided a screenshot of the issue. No response was received. 
26th March 2021 - Issued a formal letter of complaint to Parcel Hero
7th April 2021 - Received response from Parcel Hero. Response cites that the parcel has been lost and they will not compensate me as I did not take out their 'enhanced cover' and provided me with a £15 credit.
29th April 2021 - Issued a letter of claim to Parcel Hero. 

 

 

Letter of Claim - Tracking number: xxxxxxxxx

 

Dear Sir, Madam, 

 

On 26/02/2021 I used your service to send a parcel under the above reference number.

 

The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover.

 

My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Parcel Hero or your underlying carriers. It is for Parcel Hero to protect themselves against liability for their own negligence and not pass the buck onto their customers. I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. 

 

I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you and your subcontractor Hermes, systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable.

 

The contents of my parcel were valued at £1,625.00  plus the delivery fee of £11.88.

 

If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice.

 

Particulars of Claim
The claimant used the defendant's courier service to deliver an item, value – £1,625.00 to a UK address. Reference number xxxxxxxxxxxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees and subcontractors is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £1,625.00 plus delivery fee £11.88, total: £1,636.88+ interest pursuant to section 69 County Courts act 1984

 

Yours sincerely, 
xxx

 

[alanwicker555]

Have distilled to what I believe are the most salient items below. Thanks for your help. 

 

Timeline of Events:

26th February 2021 - 10:20AM - Dropped off at the ParcelShop. 
26th February 2021 - 11:55AM - Collected from the ParcelShop (by Hermes driver)
27th February 2021 - 10:20AM - eBay tracking states 'Claims code issued' This is updated every day or so with the same message. 
27th February - 5th March (Various times) - Called Hermes Customer Services and used chat facility multiple times. Unable to speak or connect to agent as parcel was sent via a broker (ParcelHero.com). ParcelHero stated that couldn't investigate as the parcel had not yet been missing for 7 days. 
5th March 2021 - 12:00PM (approx.) - Visited parcel shop, met Hermes driver and was advised to visit depot for further guidance. 
5th March 2021 - 13:00PM (approx.) - Visited Hermes depot in Weybridge. 
5th March 2021 - 13:14 - Opened a case with Resolver.co.uk
6th March 2021 - 15:49 - Received email from Hermes support (Sarah Turner) requesting further details
8th March 2021 - 09:30AM - Received response from Hermes via Resolver.co.uk (Asim Hameed) apologising for the conduct of a Hermes 'Service Provider' and that additional action would be taken. Replied requesting further information about my parcel whereabouts and awaiting a response. 
8th March 2021 - 11:00AM - Visited Parcel Shop and met with the owner. Inspected CCTV system. My parcel is clearly visible in the recordings and can be seen being taken away by driver. 
9th March 2021 - Reported the laptop stolen with Surrey police. Crime number 45210024254. 
10th March 2021 - 09:48AM Received update from Danial via Resovler.co.uk stating that the parcel is now considered lost and providing a link to a Lost Claim Form. The form does not work and I was unable to open a claim. When I asked for an appropriate link, I did not receive a response.  
12th March 2021 - 16:34PM Sent message via resolver.co.uk stating that I was unable to open a claim with Hermes due to a server error and requested an alternative means to create a claim. No response was received. 
16th March 2021 - 10:25AM Sent further message to Martijn DeLange stating that I was unable to open a claim due to a server error and provided a screenshot of the issue. No response was received. 
26th March 2021 - Issued a formal letter of complaint to Parcel Hero
7th April 2021 - Received response from Parcel Hero. Response cites that the parcel has been lost and they will not compensate me as I did not take out their 'enhanced cover' and provided me with a £15 credit.
29th April 2021 - Issued a letter of claim to Parcel Hero. 

[alanwicker555]

Thanks so much for your help so far BankFodder. 

 

Here are my particulars of claim in preparation for submitting a claim in a weeks time or so. Appreciate any guidance you may have. 

 

Particulars of Claim

Quote

The claimant used the defendant's courier service to deliver an item, value – £1,625.00 to a UK address. Reference number xxxxxxxxxxxx. Defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees and subcontractors is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant invites the court to exercise its power under the consumer rights act to examine the fairness or unfairness of the defendants contractual terms. The claimant seeks £1,625.00 plus delivery fee £11.88, total: £1,636.88+ interest pursuant to section 69 County Courts act 1984

Martin 

[alanwicker555]

Love it, thanks. It fits within the limit of the submission and I'm ready to press the button on the 14th May. 

 

Thanks for all your help so far. 

[alanwicker555]

Hi Bankfodder - I received a response from ParcelHero today. 

 

As per their response to my initial complaint, they are taking the line that 'you were prompted during the booking process that you would not be covered for loss or damage and offered the option to upgrade, however you chose not to upgrade to our enhanced cover and continued with your booking...' They make this point in their letter despite Hermes expressly listing laptops as an item which is not covered under their compensation policy. They have offered (and also paid) a £15 credit into my ParcelHero account as well as refunding my initial postage. 

 

They also note that they provided their limits of liability in the order summary page and which customers are required to accept in order to proceed with the booking. 

 

I'm ready to push the button on the small claim however I very much welcome and appreciate any further guidance you may have. 

 

Thanks,

Martin 

[alanwicker555]

Hi Bankfodder, 

 

Yes - they do allow you to purchase insurance even when you identify an item in the contents description field which is on their exclusion list. The text on the page links to the compensation list for items not covered but does not compare the data entered by the user with the exclusion list - the user is expected to do this manually. I have taken a couple of screenshots.

 

Additionally, unlike all other couriers available on ParcelHero, they do not offer a basic level of cover for loss or damage when Hermes is selected by the user - other couriers have a minimum of £50 cover included in the fee. Surely this obviously shows they have less confidence with this supplier than with others - perhaps they should make this clearer on their website also with some kind of 'probability of loss' metric!  

 

Will start the court action tomorrow. 

[alanwicker555]

Brief update on this - PARCELHERO filed an acknowledgment of service on 28/05/2021. Will update once they have filed their defence. 

[alanwicker555]

Hi there BankFodder and team - PARCELHERO filed their defence last Friday: below is what has been written: 

 

* Claimant entered into an agreement to send a shipment via a
carrier of his choice.
* That carrier was Hermes.

* For all Hermes bookings we do not offer any free cover in the event of loss or damage, so unless any is purchased, in the event of either loss or damage, a claim cannot be processed.
* During the booking process the claimant, despite presented with the option to purchase cover, selected the option that states he will 'accept the risk' of sending his item without cover.

* Unfortunately the claimants item was lost by their chosen carrier Hermes, so the claim was respectfully denied by Parcelhero.com Ltd as per our contractual agreement.

 

Here is the latest in the claim history - 

A bar was put in place for PARCELHERO.COM LIMITED on 11/06/2021

PARCELHERO.COM LIMITED filed a defence on 11/06/2021 at 14:05:11

DQ sent to PARCELHERO.COM LIMITED on 14/06/2021

 

I gather from the MCOL user guide that I will now be sent a questionnaire to be completed and returned and that mediation is a likely next steps. As ever, I would be grateful for any observations or focus areas of advice you could offer. 

Many thanks in advance,

Martin 
 

[alanwicker555]

Hi Bankfodder - brief update, the claim was transferred to Kingston-upon-Thames on MoneyClaim but haven't heard anything else since the 8th July. Not sure this is normal procedure and I should wait or whether I should chase them. Very much appreciate any thoughts or insights. 

 

Thanks!

[alanwicker555]

Hi all - quick update on my case and a question which I'd really appreciate some guidance on: 

 

Finally received and N24 from Kingston County Court today confirming allocation to small claims track and inviting me to accept mediation which I have already confirmed via email this afternoon. Looks like they have quite the backlog at the moment!

 

The letter also ask that I prepare/send statements of any evidence that I might wish to rely upon in court by the 5th November. Would anyone recommend that I pull together any materials in case mediation doesn't move forward promptly? I've seen other cases of people pulling evidence of Hermes poor handing of parcels etc - would you suggest I do the same? 

 

Thanks as usual for your support!

 

[alanwicker555]

Hey all, 

 

So far ParcelHero hasn't agreed to go for mediation - and so this could well be moving towards a court hearing. I had a deadline to present any supporting evidence to the court of today with regard to any evidence I would rely on in court, if it goes that far. As I don't have any documentation I haven't submitted anything but was wondering if it's worth submitting some photos of Hermes negligence as submitted in other cases? Very much welcome your thoughts. 

Martin 

[alanwicker555]

Ok thanks. I won’t submit anything in addition and will wait to see what happens next. 

[alanwicker555]

ParcelHero have forwarded me their witness statements - so it looks like we’re heading for a hearing! I have not submitted any materials to the court in addition to my original claim. Any advice or recommendations would be very much appreciated. 

[alanwicker555]

The court asked for any additional witness statements and materials to be presented by the 5th November. As I don’t have anything in addition, I didn’t submit anything. No date for hearing yet. 

[alanwicker555]

Hi all - update here for the record. I have a court date for Wednesday this week for the aforementioned case. I guess I’ll find out tomorrow whether or not I’ll have my day in court to examine the fairness of parcel insurance or whether they will settle. Keep you posted. 

[alanwicker555]

Here is the main body of the witness statement as requested: 

 

________________________

WITNESS STATEMENT
________________________

1.    I, XXX XXX of XXXX, XXXX, XXXX XXX XXX am the Claimant in this claim. The facts in this statement come from my personal knowledge. 

 

2.    On 26th February 2021 I sold a MacBook Pro laptop computer on eBay, for £1,625.00. I used ParcelHero’s shipping service in order to ship the parcel and selected EVRi next day service as it was offered as next day delivery, to be dropped off at a EVRi parcel shop location destined for an address in the United Kingdom. My expectation was that the parcel would be delivered on the next day as stated on the ParcelHero website.

 

3.    ParcelHero failed to deliver the item and subsequently informed me that the item had been lost in transit. ParcelHero have refused to compensate me in full for this loss and offered me a refund and credit of £15.00 which I rejected as any type of compensation. ParcelHero did not provide me with any evidence of investigation of the loss, the experience of which was incredibly stressful and distressing to me. 

 

4.    ParcelHero refuse to fully compensate me on the basis that I did not purchase their insurance cover when sending the item. I believe it to be unfair that ParcelHero expect their customers to insure items against their own failures as a service provider – or the potential negligence or criminality of the service provider. I believe it is the responsibility of ParcelHero to take appropriate insurances for their business operations, not me as their customer. Through losing my parcel in transit, I do not believe that ParcelHero have performed the contracted service with reasonable care and/or skill and are entirely responsible to compensate me for the full value of the item. 

 

5.    ParcelHero.com have a track record of refusing to compensate customers, whether insured or not, and poor customer service. Of 11,115 reviews of ParcelHero’s business on review website ‘trustpilot.com’, 20% of respondents categorised the service as ‘Bad’. Of these reviews, I have included, in exhibit A, a large number of reviews claiming that ParcelHero often refuse to compensate for loss, damage or theft of parcels, even when customers have purchased their insurance product. I believe this demonstrates a clear failure to discharge services effectively and a refusal to take accountability in the delivery of their services. 

 

6.    I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest believe in its truth.

Signed.

XXXX XXXX
 

Exhibit A - ParcelHero Reviews.pdf

[alanwicker555]

Dear Bankfodder and CAG team, 

 

Firstly, my sincere apologies for leaving the final checks on my case to the last minute - a major learning for me going through this process is that a lot can happen that is relevant to the case between the time one submits a witness statement and evidence to the court and the day of the trial. In my case, another judgement came to light which was highly likely to influence the outcome of case and I seriously risked missing out on being able to submit this by losing touch with the forums. 

 

Secondly, I'm pleased to say that my claim was successfully upheld at court yesterday - the judge agreed that ParcelHero's terms caused a significant imbalance in the parties' rights and obligations under the contact under section 62 of the CRA 2015. The judge felt that ParcelHero's clause allowed non-performance of deliveries with very limited exposure. The judge was clear that, due to the fact I had stated the full value of the goods, the responsibility of the loss should sit with the supplier, ParcelHero. 

 

Finally - it's entirely thanks to this forum and BankFodder that I was able to educate myself and be armed to answer questions appropriately in court. Anyone reading this should give themselves plenty of time to prepare their court documents, be aware of the specific Consumer Rights Act clauses and be able to make the case, in their works. You don't need to be a lawyer to do this - the judge was really supportive - but you need to know what you are asking in order to be credible at court. 

 

Thanks again - I'm really happy to support anyone else who is in a similar situation and who, like me, has never been to court or worked through anything legal before. 

 

Cheers!

Martin 

[alanwicker555]

By way a final update - I'm pleased to say that ParcelHero have now paid me in full. Thanks again to the CAG team!