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

[AndyOrch]

Both parties must submit a witness statement ...hence you receiving the defendants " Any party that does not comply with the court directions risk their claim /defence being struck out "

 

I would get your statement filed and served sharp your already 3 days late.

 

 

.

[honeybee13]

Thread reopened.

 

HB

[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. 

[BankFodder]

Please can you post up the witness statement or skeleton arguement that you have filed

[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 

[BankFodder]

Thanks very much indeed for updating us and also thank you very much for this very helpful message.

[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!

[honeybee13]

Great news.   Well done everybody.

 

ETA: I've amended your thread title to show your success.

 

HB

[FTMDave]

Well done on your victory! 

[BFair]

Thanks to everyone concerned for this success and reference. Is there a way to look up the official judgement or view the court transcript?

 

 Thanks 

[BankFodder]

The transcript has been ordered and it should be available in the next couple of weeks or so.

 

 

Once we have it then you can be certain that we will give you access to it .

 

Have you located the other judgement which we have supplied .

I think it is posted up on that thread somewhere.

 

You should start planning your court bundle and also your witness statement/skeleton arguement