Parcel2Go Court Bundle Assistance

[reflex-q]

Hi all, 

 

On 10/04/2021, I sent out a parcel containing a PS5 with Hermes through Parcel2Go. Ever since, the only update I have ever received is that the parcel has been collected from the drop-off point and it's on its way. 

 

I messaged Hermes who then instructed me to make a claim through Parcel2Go. Shortly after, I received an update on my enquiry from Parcel2Go. 

 

Quote

 

Dear NAME, 

 

We’re writing to you in response to your recent enquiry regarding the following order: ___________. 

We have conducted a full investigation with the courier to locate your parcel, unfortunately, in this instance, the search has proved unsuccessful.

We apologise for the inconvenience this has caused and as a result, we have now progressed your enquiry to a claim.

Regarding compensation

Our records show that you only took out protection on your parcel for part of the full value. That means that in the event that your claim is successful, you’ll get compensated for only the amount you were covered for.

What happens next?

To help us progress your claim as quickly as possible, you’ll need to upload supporting documents.

View your case to submit the required information.

Deadline to submit documents: 14/05/2021

 

 

By cover, they are referring to the £20 "parcel protection" that's included. The parcel is valued at £600, the price the buyer paid via Shpock. 

 

My question is... where I do go from here? Any advice would be greatly appreciated. Thank you. 

[reflex-q]

Yeah, I am prepared to go all the way with this. The only reason they do so is because the average consumer will just accept it and move on. 

 

I have prepared a draft for the letter before claim. However, should I complete the rest of the claim procedure with Parcel2Go first and reject the outcome by then sending a letter before claim? 

 

Many thanks! 

[reflex-q]

Hi BankFodder,

 

Appreciate the prompt response. My bad for excluding those details. Yes you are correct, the value and content were properly declared. 

 

I have provided a bullet point chronology to explain my situation in a clear and concise manner. 

• 09/04/21: Listed a PS5 on Shpock. 
• 09/04/21: Sold PS5 on Shpock for a total of £600 + £10 delivery fee. 
• 10/04/21: Booked delivery of PS5 via Parcel2Go using Hermes ParcelShop services.
• 10/04/21: Tracking on Hermes states "We've got it". Collected from drop off point and it's on its way (to the depot I am assuming). No update since. 
• 15/04/21: Raised an enquiry with Hermes as buyer reported that item was not delivered. 
• 17/04/21: Received a response from Hermes that enquiry is being looked into by Karen at my local depot. 
• 20/04/21: Receive an update on enquiry that suggests that since the parcel was booked via Parcel2Go, I would have to go through them as they use Hermes network as an independent shipper. 
• 20/04/21: Opened a claim with Parcel2Go. 
• 23/04/21: Received an update on my claim. Parcel2Go stated: 
  • "We have conducted a full investigation with the courier to locate your parcel, unfortunately, in this instance, the search has proved unsuccessful."
• 23/04/21: Provided documents to complete claim. Awaiting outcome. 

I have posted the draft of my letter of claim and particulars of claim below. 

 

Cheers! 

 

Letter of claim

Quote

Parcel2Go

The Cube

Coe Street

Bolton

BL3 6BU

 

23^rd April 2021

 

Letter Before Court Claim

 

Dear Sir/Madam,

 

Re: Enquiry number: xxx - Item Lost

 

Parcel2Go was entrusted with a shipment on 10/04/21, subsequently declared lost. The item relates to a purchase of a PlayStation 5 which was valued at £450.00 MSRP but sold for £600.00 on Shpock, an online marketplace.

 

The item was dispatched using the Hermes ParcelShop service. The parcel was securely packaged and the label was clearly visible, as proven by images taken of the parcel. I require full reimbursement of the amount I had sold the item, which was £600 plus the postage fee of £7.67.

 

If I do not receive notification you have agreed to fully compensate me within 14 calendar days of the date of this letter, proceedings will be issued against you in the county court without further

notice.

 

I enclose a copy of pictures of the parcel, proof of collection, and proof of item being sold via Shpock.

 

Yours faithfully,

Xxx

 

Particulars of claim

Quote

The claimant who is a litigant in person use the services of the defendant courier company to send a PlayStation 5 console value of £600.00.

Tracking reference xxx claim reference xxx.

The defendant courier service lost the parcel and has refused to reimburse the claimant or to process his claim. The claimant seeks reimbursement of £600.00 plus the courier fee of £7.67 plus interest pursuant to section 69 of the County Courts act 1984.

 

 

Just received an update on my claim. It's been approved. I am assuming to reject the offer and proceed with sending over my letter before claim? 

 

Many thanks. 

 

 

 

[reflex-q]

@BankFodder

Sorry, I know you must be busy dealing with other matters, just wanted to bump the thread in case you have forgotten about it. No rush.

[reflex-q]

@BankFodder

Hey BankFodder! No worries at all. I can understand that you have your hands full. 

 

Well it's not the approval I am seeking as they're only trying to compensate me £20. I posted my letter of claim in my earlier post. I am writing a rejection email now and will attach the letter of claim below as a PDF. 

 

Quote

Parcel2Go

The Cube

Coe Street

Bolton

BL3 6BU

 

23^rd April 2021

 

Letter Before Court Claim

 

Dear Sir/Madam,

 

Re: Enquiry number: xxx - Item Lost

 

Parcel2Go was entrusted with a shipment on 10/04/21, subsequently declared lost. The item relates to a purchase of a PlayStation 5 which was valued at £450.00 MSRP but sold for £600.00 on Shpock, an online marketplace.

 

The item was dispatched using the Hermes ParcelShop service. The parcel was securely packaged and the label was clearly visible, as proven by images taken of the parcel. I require full reimbursement of the amount I had sold the item, which was £600 plus the postage fee of £7.67.

 

If I do not receive notification you have agreed to fully compensate me within 14 calendar days of the date of this letter, proceedings will be issued against you in the county court without further

notice.

 

I enclose a copy of pictures of the parcel, proof of collection, and proof of item being sold via Shpock.

 

Yours faithfully,

Xxx

 

[reflex-q]

@BankFodder

Done. Any better? 

 

Btw, does it really matter if I go after Parcel2Go or Hermes in this instance? 

 

Quote

Parcel2Go

The Cube

Coe Street

Bolton

BL3 6BU

 

23^rd April 2021

 

Rejection/Letter Before Court Claim

 

Dear Sir/Madam,

 

Re: Enquiry number: XXX - Item Lost

 

I posted a parcel (PlayStation 5 Console Disc Version) on 10/04/2021 using your services, opting for Hermes ParcelShop. My item has not been delivered and subsequently has been found as being lost in the Hermes network.

 

A claim form for compensation was filed on 20/04/2021. On 23/04/2021, I received a response from Parcel2Go offering to pay me £20.00. I do not find this outcome to be satisfactory.

 

I am requesting a full refund of the item price full declared value of £600.00 + £7.67 cost of carriage fee.

 

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

 

Yours sincerely,

XXX

 

[reflex-q]

Sure thing, I have rejected the offer. Just can't seem to bloody find an email address to send my letter to! 

[reflex-q]

@BankFodder

Sent off my letter before claim to their claims department. Now it's time to start my claim via https://www.moneyclaim.gov.uk/web/mcol/welcome. 

 

Just wanted to get your input on my particulars of claim below and whether or not it requires any amendment. Thanks again! 

 

Quote

The claimant who is a litigant in person used the services of the defendant courier company to send a PlayStation 5 console value of £600.00 to a UK address.

Tracking reference xxx claim reference xxx.

The defendant courier service lost the parcel and has refused to reimburse the claimant or to process his claim. The claimant seeks reimbursement of £600.00 plus the courier fee of £7.67 plus interest pursuant to section 69 of the County Courts act 1984.

 

[reflex-q]

@BankFodder

Happy Friday mate! I received a response from Parcel2Go regarding my letter before action. See below. 

 

Quote

Good Morning xxx,
Thank you for your email.
Firstly please allow me to offer you our most sincere apologies for the service you have received on this occasion.
When booking your order, you entered a value for your goods of £600.00. Unfortunately, you did not take out any further parcel protection for the contents. As a result of this, you were only protected to the value of £20.00.
You were urged on two occasions to protect your goods to their full value. We offer our customers the opportunity to fully protect their goods so that an event such as this we can compensate for the item.
When progressing with the order having not protected your goods, the following message appears:
“Your parcel value is higher than the £20.00 Parcel Protection. Don't get caught without enough protection should the unexpected happen.

Yes, I would like to protect my £600.00 parcel against loss or damage for £29.00 exc VAT.

No, I'm willing to risk my £600.00 parcel. I'm not worried about potential loss or damage.'
If you select no, a red box pops up and explains ‘We strongly recommend that you protect the full value of your item(s)., which again in this instance was bypassed.
I must also advise that prior to accepting the Terms at the end of the booking process another pop-up message was received which explained that the contents were only protected for £20.00 against loss or damage, an option to add on the protection was provided again but this was declined by yourself again.
As you did not do this, we have offered you the £20 standard protection plus the return of your carriage fees. I do hope this explains information to you further.
I fully understand this is not the amount you wished for an as per your previous email you wish to take this matter, and of course that is your prerogative to do so, however, I must strongly advise you that should an item become lost or damage and we accept liability, which we have in this instance, as per our Terms we will only be liable for the cost of service unless protection has been purchased, in this instance it has for the standard £20.00, this does mean we are only liable for this amount.
if this does go through the courts I must also advise we will defend based on the information provided above.
Again we do apologise for all the inconvenience caused on this matter.
Thank you, for your time on this case.
Kindest Regards
Chelsea Walton
Asset Protection Officer.

 

Should I start my claim via https://www.moneyclaim.gov.uk/web/mcol/welcome? 

 

Thank you. 

[reflex-q]

Thanks for the prompt response @BankFodder. Really appreciate it. 

 

I assume the particulars of claim you amended for me is good enough. See below. 

 

Quote

The claimant used the services of the defendant courier company to send a PlayStation 5 console value of £600.00 to a UK address. 

Tracking reference xxx claim reference xxx.

The defendant lost the parcel and has refused to reimburse the claimant. The claimant seeks reimbursement of £600.00 plus the courier fee of £7.67 plus interest pursuant to section 69 of the County Courts act 1984.

 

[reflex-q]

Hi @BankFodder,

 

I hope all has been well. 

 

It has been two weeks since I sent my rejection letter. I have now submitted my claims via Money Claims Online (MCOL). Just wanted to give you a heads up. 

 

All the best. Ta! 

[reflex-q]

Hey @BankFodder. I hope all's well. Wanted to update you on my claim.

 

I received an acknowledgement of service for my claim from Parcel2Go. I have attached the PDF file. 

 

Parcel2Go - Acknowledgment of Service.pdf

 

 

I am assuming the next step is to just wait and see what their stance is on the matter? 

 

Many thanks. 

 

 

 

Edited May 18, 2021 by reflex-q

[reflex-q]

Hi @BankFodder,

 

I hope all has been well these past few weeks. I have received Parcel2Go's defence and attached it. Please advise for the next steps.

 

Many thanks.

 

dardxn

Defence.pdf

[reflex-q]

Hey @BankFodder,

 

I hope all has been well. Just wanted to provide you with an update.

 

I received the DQ form and filled it all out. I agreed for the case to be referred to the Small Claims Mediation Service and that it is "the appropriate track for this case". However, I am quite confused. One of the documents I received was titled "Notice of Proposed Allocation to the Small Claims Track" and the other one was "Notice of Defence that Amount Claimed Has Been Paid". 

 

I am assuming the "Notice of Defence that Amount Claimed Has Been Paid" letter is referring to the £20.00 compensation Parcel2Go offered. Should I just return the DQ form and ignore the other one? 

 

Would appreciate any clarification. All the best. 

 

[reflex-q]

Hi @BankFodder,

 

Apologies for the delayed response. I hope all has been well. I had my mediation with Parcel2Go yesterday and went back and forth with them. 

 

Long story short, I asserted I have rights as a consumer to have my parcel delivered with reasonable care and skill as stated in s49 of the Consumers Right Act 2015. I should not have to pay extra for insurance due to negligence conducted by your own employees.

 

Hermes mentioned the usual rubbish as the mediator went through the process of how I did not choose to opt for insurance - mentioning how I dismissed several prompts to do so. 

 

Throughout the mediation, I demanded the full amount and was not willing to settle for less. They were not budging. By the end of mediation, Parcel2Go's final offer was 25% of the total value of my parcel, postage and court costs. What a joke.

 

The mediator said Parcel2Go are willing to go to court as they believe they have "ample evidence" to win the case. I said the feelings mutual, rejected the offer, and the case will now proceed further. 

 

I am awaiting instructions from the court and will be gathering all my evidence in preparation. Any advice would be greatly appreciated.

Edited August 12, 2021 by reflex-q

[reflex-q]

Hey @BankFodder, 

 

Long time! I hope all has been well with you.

 

I received an update on my claim, a letter titled "Notice of Transfer of Proceedings". The letter informs me of the next stage of my case - it will be transferred to the County Court Hearing Centre. It states that "on receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions". The details of the judge's directions will be sent to me in a notice of allocation. 

 

I hope you can provide some insight on this @BankFodder. What would the appropriate plan of action be? Gather all relevant evidence and start building a defense? I would appreciate your wisdom and knowledge.

 

Wishing you all the best. 

[reflex-q]

Hey @BankFodder,

 

I hope all has been well. 

 

I received a letter today titled "Notice of Allocation to the Small Claims Track (Hearing)". I have attached a PDF of it. 

 

A Deputy District Judge had considered the papers in my case and ordered that it is suitable for mediation. Confused, I called the number on the letter and spoke to someone who clarified that since the case was not resolved the first time via mediation, rebooking another mediation would not be possible and that I should attend the hearing scheduled to take place next year. Weird. 

 

So I guess the plan remains the same right? Appreciate your help.  

 

 

Notice of Allocation to the Small Claims Track (Hearing).pdf

[reflex-q]

That's the thing, the representative on the phone was adamant that if a mediation was not resolved the first time, scheduling another one is not possible. I will give them another call to double check and ensure another one hasn't been arranged. 

 

Thank you.  

[reflex-q]

3 minutes ago, Andyorch said:

Is there not a second page or overleaf to the N157 your upload....It would appear that is in complete and the page containing the directions is missing. ?

Hi Andy,

 

Yeah there is a second page just instructing me that I will need to pay the trial fee of £85.00 otherwise the claim will be struck out with effect from March 2022. Would you like for me to scan and send it over? 

[reflex-q]

@Andyorch

 

Apologies for the delay. Please find the rest of the pages attached.  

Page 2:3 .pdf

[reflex-q]

Hi, 

 

I already submitted a topic (Original Topic) for my case back in April last year. However, I cannot post further updates to the topic for some reason @BankFodder + @Andyorch.

 

Parcel2Go has gone ahead and submitted their court bundle in preparation for the hearing. I have started my one today, beginning with the witness statement. Parts of the witness statement have been copied over from other examples uploaded on the forum, mainly section II as it addresses the points I will be using at the hearing.

 

I have attached a draft of the witness statement here, any adjustments/advice would be much appreciated. Thanks!

 

Witness Statement.pdf

Edited March 28, 2022 by reflex-q

[reflex-q]

@BankFodder

 

Apologies. I guess you can go ahead and close this thread and I will report the other to be re-opened. Thanks.