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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Hi BankFodder,

 

Yes - claim issued, see attached (via phone pdf scanner) - will get a cleaner copy tomorrow if needed.

 

Nothing about a defence. Their only communication since I filed the claims was their gesture of goodwill.

 

Thank you.

Claim (1).pdf

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Hi Bankfodder,

 

Will do this morning once I have access to a scanner.

 

Thanks

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Hi Bankfodder,

 

Cleaner copy of my claim form attached.

 

No other docs received since the goodwill gesture.

 

Thanks

 

Claim Parcel2Go.pdf

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Yes, my claim was against P2G. 

 

My initial claim was based on the forums here. So will dig out the ones re ignoring their goodwill gesture.

 

Will post their defence when received.

 

Thanks for your help. 

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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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Doc1.pdf No. Thought I was mean to hide all identifiable markers.

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Noted thanks.

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By switching the contents of parcels, Evri delivery driver was caught'stealing Nike trainers.' - Techno Trenz

TECHNOTRENZ.COM

---

When they followed an Evri driver's van after receiving the wrong trainers, they caught him allegedly stealing packages by switching what was inside the

 

 

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Just saw the above.

 

No surprises there.

 

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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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Thanks Andy, I will do.

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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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Thanks dx100uk.

I'll use the search function as suggested.

 

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Thanks BankFodder.

 

 

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Thanks again BankFodder - will update my documents this w/end and should be ready to send once I've indexed everything as recommended.

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Hi BankFodder,

 

My Skeleton argument. I've included the judgement by Deputy District Judge Le Bas.

 

One question under ''List of Reasons of Why the Defendant’s Insurance Requirements Are Unfair'' (point 26) - what should I include here?

Thanks again.

EVRI SKELETON PDF.pdf

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Super  thank you.

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Hi All,

 

Court date set for December the 6th!!!

 

I'll be getting my Matlock suit ready to go then.

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Hi Andy,

 

Yes all done. 

 

I'll do tomorrow as I'll have to redact and scan.

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Hi All,

 

My Skeleton Argument and Witness Statement attached for reference.

 

P2G Defence also attached.

EVRI SKELETON Redacted.pdf Witness Statement Redacted.pdf Claim P2G Defence Unredacted.pdf

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No. Nothing received...

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Should I chase the courts for their witness statement?

 

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Ok. Will need to follow up as all I've received is the notification of the court date, no n157 etc.

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Thanks Andyorch,

 

Just realised they should have sent me (and the court) all the documents as per ORDER I was sent.

 

I can't scan and send the order as at work. So just copied and pasted below part of it. 

 

2 Send all of the documents that are relevant to your case to the court at the above address, also send them to the other side. Both parties must do this. These documents should be placed in date order and should be numbered in the bottom right hand corner.

You should include the following documents if available:

 A copy of the contract/agreement

 Relevant correspondence, including text messages and emails

 Photographs

Before 4pm

10 August 2022