DPD time limits for claims (14 days) unfair?

[K180]

Would the time scales for submitting a claim against a courier company for lost parcels potentially be challengeable under the Unfair Contract Terms Act 1977?

 

This is for a business contract with DPD and their specific wording is as follows:

 

"DPD Loss Claims Process.

Note: this process requires initiation within 14 days from the date of dispatch. Claims made after this time may not be accepted."

 

It seems nonsensical that our sent parcels have been lost (investigations have turned up blank), but DPD are able to bat away a number of claims for both the carriage cost and the (admittedly low value) contents due to delays submitting the claims.

 

Reasons for delay: staff absences due to Covid.

 

In total their are around 7 parcels, each with contents value approximately £24. Claims were submitted 7 days outside of the 14 day window.

 

Thank you in advance for any forum assistance.

 

 

[dx100uk]

garbage...

as long as you've not signed away your right as a business to invoke the consumer rights act, you have exactly the same rights as any consumer.

 

 

[BankFodder]

As my site team colleague has told you, the time limit is nonsense. 

If you would like to make a claim against DPD then we will help you. Tell us your story

[K180]

Thank you for your offer of assistance.

 

Our issues with DPD stem from a fault at our local depot whereby parcels were incorrectly relabelled with the wrong addresses.

This affected around 150 parcels over a 6 month period (we send over 1000 parcels per week).

DPD claims process is convoluted and slow, designed to deter you from proceeding. A multitude of different email addresses dealing with different aspects, none of which actually reply to you. Account Managers were completely useless.

 

After months of bashing our heads against a brick wall, and with less than 10 successful claims we issued a Letter Before Action.

 

This got their attention and the whole file of claims was referred to someone new who started to reply back and issue claim forms for us to complete.

It was still a slow process, but two months later and of the 150 parcels we have now been refunded for the carriage cost (and where the parcels were lost the content value) in 144 of the cases. 

 

The last 6 have fallen foul of their ridiculous 14 day timescales for lodging a claim. 
 

Based on the two replies received so far on this forum and encouraged by the Hermes threads, we have given them a last warning via email today letting them know we expect the final 6 to be refunded or a LBA will be issued next week.

 

Whilst we don't actually need much assistance with the process of taking a case to court , I will post updates on here as I think it can be a helpful guide to others who find themselves in the same boat.

Edited May 28, 2021 by K180

[BankFodder]

Thanks. Keep us updated and let us know if we can be of assistance at all.

If you want to post up your draft particulars of claim then we can comment on it

 

[K180]

from DPD today

"

When you use DPD for shipping your Amazon Prime parcels you agree to our terms and conditions, which can be found here: 

DPD (UK) - Terms & Conditions

WWW.DPD.CO.UK

 

 

Under 13.(a) on our terms and conditions first contact for any claims for loss or damage must be within 14 days of dispatch and claims must be submitted within 28 days of the link being sent otherwise DPD are not liable for the loss or damage unless you can prove that you contacted within the timescale. 

 

Unfortunately as the first contact for parcel 155049047224429 was on 10th May which is after 14 days of dispatch a claim can not be raised."

 

We'll start the ball rolling on the action next week and post updates here.

[BankFodder]

You say that there are six parcels outstanding.
 

I would suggest that you put in a claim simply for one. Deal with that. If it goes to mediation then you can make the point that there are five others on their way and they will be done one by one as well.

They can make the decision whether they want to incur these extraordinary level of court costs simply to save a small amount of money per parcel. Also, you will learn a little bit about the way they handle things.

Of course – do be aware that they may refuse to take your parcels in future and you will have to find another courier.

[K180]

that sounds like a particularly crafty idea - i love it!

We'll start with just the one.

 

as for losing them as a supplier, not to worry. There's always Hermes(!) 

[The GodMother]

Dpd have lost several parcels coming to me. I cant chase them as they are outside of the 31 days for them being classed as Missing. 

[BankFodder]

7 hours ago, The GodMother said:

Dpd have lost several parcels coming to me. I cant chase them as they are outside of the 31 days for them being classed as Missing. 

You ought to know better than this.

 

Start your own thread and get your money back

[The GodMother]

I never said l needed a thread or my money back if you read my post you wold have seen that. Just pointing out that they have told me its 31 days for missing parcels. 

[BankFodder]

Okay. Thanks for this heads up