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Parcel2Go – Parcel left unattended/ Small claims made/ Goodwill gesture made.


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Hi All,

 

I've just received the following after I raised a small claims for a parcel I sent being left on the front door which was then stolen.

 

I'm ignoring the 'goodwill' gesture and happy to go to court? And my chances of getting a full refund?

 

Thank you in advance for your help.

 

 

 

 

Good morning,

 

WITHOUT PREJUDICE

 

I am contacting you today regarding the most recent court case raised.

 

Firstly, please allow me to offer you our most sincere apologies for the service you have received on this occasion.

 

When booking this order, you were asked to enter the contents and value, you stated, and I quote:

"Smart air Purifier" (32x23x23, 5kg £69.98)

 

When choosing which service to book the delivery with us, you are provided with 2 services for delivery of the contents. One service with Parcel Protection and one service without. This comes with a small fee, for this parcel it was around 13pence. Instead, you chose the service for delivery without this Parcel Protection included.

 

Upon entering the value, a pop-up box was received which reads as follows:

 

"Don't get caught without enough protection should the unexpected happen. You can protect your parcel up to the value of £5,000.00

 

Yes, I would like to protect my £69.98 parcel against loss or damage for £3.99 exc VAT.

 

No, I'm willing to risk my £69.98 parcel. I'm not worried about potential loss or damage."

 

You selected 'No' this does mean that the goods in question were sent on a zero-protection basis against loss or damage. You continued throughout the booking process, where an additional pop-up message was received, which again prompts you to protect your goods fully, you declined this option also.

 

Prior to paying you are also required to read and accept our Terms and Conditions:

 

Terms

"Extent of our Liability

6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7.

The Limitation on the Amount of our Liability

6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us."

 

With this being said, and due to the fact, this is your first claim with Parcel2Go.com we have agreed on this occasion only as a matter of goodwill without prejudice we would be making an offer of settlement, please see the breakdown below:

 

Goodwill gesture for the goods - £35

Carriage - £5.75

Court Fee - £35

 

If you wish to accept this £75.75, please confirm the following details:

 

Account Name -

Account Number -

Sort Code -

 

Again, we do apologise for all the inconvenience caused on this matter.

 

Following this, should you send any further orders with us or any of the companies that are powered by us, you must ensure that you agree to the Terms and Conditions of carriage which state that you shall not be able to claim should no Parcel Protection be taken out. No further claims shall be settled for the same matters going forward.

 

When you have received this settlement, you would need to close the County Court claim down.

 

Thank you, X, and we look forward to hearing from you.

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Have you actually issued your claim? If so, please post up the claim form in PDF format .

 

Have they called a defence? If they have then please will you post that up in PDF format as well

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Let us know when you receive the defence.

 

also, the claim form which you have posted up is poorly scanned and blurred and also tinted.

 

It's not fair to us if you simply are happy to post up documents which are barely legible .

Especially when we are helping you free of charge .

Please will you make sure that your documents are presented in a way that you would like to see if you were helping somebody else free of charge .

Please post it again

 

 

 

 

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I am assuming that you have claimed against P2G.

 

Start reading the stories on this sub forum. Most of them concern EVRi but the principles are all the same .

 

Let us know when you received the defence

 

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  • 2 weeks later...

HI All,

 

Just a quick update to above. I rejected their goodwill gesture for half the value of the goods.

 

They have posted their defence (attached) and suggested the mediation service. Which I will accept but will be sticking to my guns as per other threads on here.

 

 

Dear Mr 

Claim number: 

Parcel2Go has rejected your claim.

They’ve suggested you both use the free mediation service. You need to respond to their suggestion before 4pm on 25 July 2022.

 

Claim P2G Defence.pdf

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Thank you. No surprises.

Once again, they exploit a publicly funded skiers-resourced County Court system to defend their negligence for a very small sum.

If they had to pay the full cost of this then they wouldn't bother.

Why have you redacted the name of the person who signed off the defence? Are you trying to protect them?

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You should hide your own details – but when people become complicit in trying to deny people a legitimate reimbursement, then they place themselves in the frame

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  • 3 weeks later...

Hi all,

 

Unfortunately I was offered a mediation date and time I couldn't make and was not offered and alternative date. So heading to court.

 

Yesterday I received the standard court order which I will research on here what to do now. 

 

I just wanted to flag up an issue - the Party is in my son's name as he's only 16 yrs I've been doing it all and will be the one to attend court. Will that be a problem? I intend to notify the courts asap.

 

Thanks

 

Silly question do I have to pay court fees

 

If so, is it refundable by Evri?

 

Thanks again.

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Court fees should be on your initial claimform, yes you will have to pay a small fee.  But yes if they lose, as they always do, you get it back. One for your WS.

 

Dx

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

I just wanted to flag up an issue - the Party is in my son's name as he's only 16 yrs I've been doing it all and will be the one to attend court. Will that be a problem? I intend to notify the courts asap.

 

 

Your son is regarded as a minor and although he can sue even though he is under 18 he will require a litigation friend to issue the claim (you as parent) and conduct court proceedings on his behalf. 

 

Also :-

Generally, if you are under  18 you cannot enter into contracts. Contracts are legally binding agreements where something valuable is exchanged. The law says that under this age you can make valid contracts for necessary things – for example, food or clothing – but not motorbikes electrical equipment or mobile phone contracts

 

https://www.legislation.gov.uk/ukpga/1987/13

 

 

Check with your court as you may have to amend the claimants name to yours.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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If you want advice on your Topic please PM me a link to your thread

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Hi,

 

I'm due to send all documents to the courts and to Parcel2Go by August.

 

I've got all the correspondence together - emails, chats etc.

 

Below is my Skeleton Argument which I copied from one of the previous cases on the forum.  I've printed off the relevant sections of the Consumer Rights Act 2015 as well to go with it.

 

In terms of the witness statement - is there a format to follow. I've tried searching for one in previous chats but have had no luck. I've read to just follow P2G defence!?

 

Thanks again.

 

EVRI SKELETON PDF.pdf

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there are 100's of WS's here in evri court claim threads.

use our enhanced google search box

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Before you send off the skeleton arguement we have another judgement which you can add and also refer to .

 

You will need to include both judgements in your bundle of documents.

I will upload the second judgement for you in the next day or so

 

 

 

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