Parcel2Go/Ervi lost £1000 parcel PAPLOC issued P2P court claim after pittance refund rejected. **WON**

[Giraphen88]

Hello there, 

I’ve been following this thread for a bit and I’m in similar situation. 

EVRi - court claim issued for £1800 of lost parcels - Postal and Delivery Services - Consumer Action Group

We followed all the beginning steps and sent complaint letter. We got a reply and we are stuck what next. Do we sent an email again to complaints department or do we write letter of claim or something completely different? 
We are bit confused and looking for someone that can help us out and give some advise. 

COMPLAINT LETTER:

To Whom It May Concern:

 

RE Enquiry number: XYZ

 

I am writing today to complain about the decision of my claim being rejected on 03.05.2022.

 

Below is a summary of my experience with your courier service:

 

11.04.2022 I bought and booked a collection service from your company by Ervi Collection scheduled on 13.04.2022. I paid £24.99 + £5.00 vat for your service to transport £1000 worth bicycle. I did not choose to get additional protection.

  

13.04.2022 No courier turned up at any point of the day having my partner wait pointlessly as no one was bothered to inform myself that collection will not happen.

 

14.04.2022 at 12:35 local courier collected my parcel(X). On the same day at the same time(14.04.2022; 12:35) the previous parcel(Y) has been cancelled by Ervi. I was not informed about two different parcels being created which

created unnecessary confusion. The buyer of the item informed me that his tracking system showed the parcel to be cancelled and was not aware of that and even able to answer his questions.

 

16.04.2022 at 13:22 Ervi app shows message "Your parcel is being sorted at the senders local depot" and that is where our parcel vanishes.

 

29.04.2022 at 12:01 I created Loss enquiry with order reference: XYZ and straight away got a message that further information is being requested from the courier and that I will be notified if they reply to our request.

 

03.05.2022 My enquiry has been rejected by Parcel2Go. 

 

The reasoning behind rejecting my claim in this instnce was that the record did not show that I opted against taking parcel protection during the booking. Your company agreed to refund me for the cost of delivery however I do not agree with the outcome. Even though Ervis's tracking and delivery system says the parcel was lost it still remains in their possession in an unknown location. It is rather ridiculous to lose a parcel the size of the bike.  At the end of the day, it is not an envelope.

 

In this case under the Contracts(Rights of Third Parties) Act 1999 and Consumer Rights Act 2015, I am writing to claim full compensation from Parcel2Go for my missing parcel with a total value of £1000.

 

If my claim is not approved within 14 days of receipt of this letter, I will issue proceedings against your company through the county court.

 

Kind regards,

 

RESPONSE:

 

Hello XYZ

I hope this email finds you well.

I can see from your case file, that the claim was rejected as no parcel protection was taken.

We can raise a parcels search again with the courier however if this come back negative I am afraid there is nothing further we can do.

During the booking process, you were asked to declare the value of your goods and at this point, you would have been given the option of taking extra parcel protection to protect your goods in the case of loss or damage.

As this option was declined no parcel protection was added to your order and as a result of this, we are unable to issue a claim for the goods on this occasion.

I am afraid, as a company we self-certify all of our claims and would not be able to claim directly from the courier. 

In order for us to raise a parcel search can you provide me with the following information.

 

Full description of the goods- 

Make - 

Model - 

Serial number - 

How packaged - 

Colour of packaging - 

Colour of inner packaging - 

Colour of goods - 

Number of items-

Any distinguishing features (Logos/labels/coloured tape etc)

 

Thank-you.

 

Once again, I would like to offer my sincerest apologies for any inconvenience this matter has caused.

If I may be of any further assistance regarding this or any other matter, then please do not hesitate to come back to me.

 

Kind Regards,

———————————-

I will be glad for any help. 
thanks in advance

[Giraphen88]

Ah. It must have missed it when copying. 
My complaint letter was sent on 20.05.2022 and Parcel2go replied on 23.05.2022. 
 

[Giraphen88]

But what about the email that they have sent? Do we reply to them with info they are requesting or should we ignore it and carry on as you suggested with particulars of claim?

[Giraphen88]

I really do want my money back. 
For personal reasons out of my control I couldn’t follow up. 
Today is the day and I would really appreciate help. 
Is the situation still salvageable?

[Giraphen88]

I understand and I really appreciate what you are doing for everyone. 
I am going to do as you say. No messing around. 
Thanks for your patience.

[Giraphen88]

hi there. 

Im in process of typing up a brief claim details(they arent asking for full detailed description just yet)

I found all necessary information to include. Parcel2go adress etc.

If you hyave any pointers how to enhance that message or if i missed something please advise me. 

 

MY BRIEF CLAIM EXPLANATION:

Quote

 

I am trying to resolve an issue with Parcel"Go about a bicycle that was lost in Ervi Ltd local depot.

I am a private seller and I sold a mountain bike for £1000. I booked a collection service from Evri through Parcel2Go - tracking number XXXXX- and after collecting the parcel, it was never delivered.

The defendants have breached the contract of delivery.
They have refused to reimburse me on the grounds that I did not purchase an enhanced protection policy.
The defendants requirement that I purchase an enhance protection policy in order to benefit from my consumer rights where they have failed to deliver an item either through their own carelessness or through the criminality of their own employees is unfair and unlawful and therefore unenforceable under the Consumer Rights Act 2015.
 

 

When booking I didn't choose additional protection.

I contacted Ervi about the situation and they said we need to contact Parcel2Go. We created a claim over at the Parcel2Go website and it was rejected.

After sending the complaint letter I received an email full of apologies however stating again that I hadn't chosen the extra protection of the goods and ask for more descriptions of the lost parcel.

 

 

Edited June 16, 2022 by BankFodder
Edits in red

[Giraphen88]

thank you so so much. ill get that submitted right away. fingers crossed 

 

Also in next steps i need to add timeline of events. Is it ok to carry on with the timeline i send to parcel2go in complaint letter but modified accordingly?

[Giraphen88]

Hello there, 

so… the situation changed a bit. 
I issued my claim and Parcel2go replied through HM Courts & Tribunals asking for another 14 days to respond. 
 

In a meantime the bike appeared on Facebook page in Derby for sale. It is an exact same bike with all its characteristic stickers etc. My bike. 

 

I am working on this with police but I wonder how could that affect my claim.  

Should I update my claim with that information to my advantage? 
 

* I can provide a link to this add if needed. 

[Giraphen88]

Hopefully we can get it back this weekend  
But I think I will carry on with the claim regardless. It all depends how situation pans out. And won’t touch the claim. 
Thank you for the response so late. 

[Giraphen88]

Hello there. We carried on with the claim. They rejected it and asked for mediation which we refused and the case is going to the court.

We received an email from the court with an order to send statement and all relevant documents and correspondence.  

Do you have any advice how and if to include any paragraphs from  the Contracts(Rights of Third Parties) Act 1999 and Consumer Rights Act 2015 ?

Parcel2Go is still defending themselves with repeating that we didn't pay for extra protection when asked for...

 

"A witness statement must  have the court case number at the top  start with the witness’ name and address  it must contain numbered paragraphs and should be typed and double spaced. If not typed, it must be written clearly in block capitals or printed.  finish with the words “I believe the facts set out above to be 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 belief in its truth”, the date of the statement and the person’s signature. The original statement must be sent to the court and copies must be sent to the other side."

 

I understand we need to send all that via post however we also received a court bundle via email from Parcel2Go. 

[Giraphen88]

Hello there after very very long time.

Soooo since last post i just wanted to pop in here and let you all know we won.

My court date was set for 10.02. I am still waiting for documents to come through however the case is done for the moment(hopefully Parcel2Go wont appeal)

The Jugde made it very obvious for the P2G representative that their T&C contract is wrong and that they are basically stating on two different occasions two different things.

Once they say that they are taking responsibility for damages and negligance and later on they are saying that without extra insurance they are not taking any responsibility.

Well that was enough for the court to be fair.

Parcel2Go has 14 days to pay for a lots bike + court fees + fee for opening a case.(again hopefully without the appealing)

 

Once i have my documentation i will let you know exactly what was the decision and what it was based on.

[Giraphen88]

I am happy to do so. I understand we need to get a letter with the judgement firts. Once is here i will get in touch.