Evri left parcel in full view on street

[jk2054]

so then SUE them

[ProperDribbly]

Afternooon ,

Before we start i want to say that not everyone is as good at reading , processing things ect ect as people on here.

Im 54 and dyslexic and i shy away from any reading or writing as i cant process it when i read something i cant take it in and make sense of it, i avoid things like this like the plague !

 i was going to leave this claim but then i think im losing £100 and i cant afford and then my father died just before Christmas so that pushed me and this claim further back until now.

Ive not emailed Evri through Resolver since the 9th of December and as stated ive only used Resolver to email Evri and Nothing more so can we forget about resolver.

I was going to try and claim through Evri through the 3rd party act as parcel2go because when the parcel went missing back in November

i had a live chat and they opened a claim but was closed the next day saying the parcel had been found as they had proof of delivery but that wasn't my complaint it was the fact it was left on the street where it had been stolen,  but Fodder says go for Parcel2go 

on Friday i tried to open another case with Parcel2go but they rejected it as i didnt have the extra insurance.

Ive been reading where the extra insurance is an unlawful product 

ive started a letter of claim and taken fodders advice about going for Parcel2go,

ive made a start on a letter of claim which is a lot of copy n pasting from other threads but im not sure how to proceed regarding the next part of the letter or whether thats enough as i dont want to waffle on

 

Quote

 

Dear Sir /Madam

Letter Of Claim

 

Parcel Reference Number 

Item Value £99.00 + Postage £5.99 Total £104.99

On the 23^rd of November 2023 I used Parcel2go to send a parcel with the above reference using Evri , However there was no one home at the time of delivery so the Evri driver left the parcel on the steps to the terrace house which is no more than 3 feet from the pavement and anyone walking past, when the occupants arrived home the parcel had gone.

Leaving my parcel in such a vulnerable position amounts to Neglect and demonstrates that Evri hasn't taken reasonable due care and attention.
Leaving a customers parcel on the steps leading up to a front door just next to the pavement so in full public view without ascertaining that the addressee of the parcel is in or knows of the existence of the parcel does not amount to "a delivery"

My original claim against Parcel2go was rejected and closed as I didn't take out 'extra insurance' , this extra insurance is an unlawful product and contrary to section 57 and section 72 of the Consumer Rights Act, as you well know which has No authorisation or exemption from the FCA as required from the FCA as required by the Financial Services and Markets Act 2000

i am claiming £99.00 lost item good plus £5.99 postage Total 104.99

 

 

Edited January 23 by BankFodder
Edits in red

[BankFodder]

Thanks for this. Don't worry about the dyslexia. We will help you through it.

We have probably already advise you to do as much reading on these sub forums as possible.

I will have a look at your document and respond later on today –probably this evening

Presumably you have written evidence of the rejection by P2G

[ProperDribbly]

The parcel was delivered/ left on the step on Sunday 26th November at around 12 noon the buyer messaged me that afternoon telling me what happened so i then contacted P2G via live chat that same day.

( Just realised i have the date wrong on the letter of claim its the 26th not the 23rd as ive put )

  I complained that the parcel was left on the step where anyone could take it and thats what happened someone has stolen it , but i remember the operative asking " but has it been delivered ? "  to which i replied YES, but its been stolen due to it not being left in a safe place.

Then the next day i get an email from P2G saying the parcel has been found and case closed ?!!  which isnt the point i was complaining about

So with P2G saying claim closed i went to Resolver JUST to email Evri as i  could upload  wider pictures of the area from Google maps of the Steps/doorway to show how close it is to the pavement thinking theyll agree with me and refund me Evri said i have to go to P2g ...

Evri or at least their representative i was speaking to said leaving the parcel on the steps wasnt a safe location

This is what Evri said ...  ""  I understand that you would like to raise this as a complaint so therefore I am going to add the courier onto the non compliance list for leaving your parcel on the door step which we do not class as a safe location. Once the courier is added onto the list, the Field Manager will be fully aware and internal actions will be taken place. We will ensure going forward, your parcels are delivered to your satisfactory needs but if you do require any further assistance on this matter then please do feel free to respond back to my email.  ""

 

So i thought they have admitted its not a safe place so they'll refund me but still pass me to P2G

Edited January 23 by ProperDribbly

[BankFodder]

It was certainly a mistake to agree that it had been delivered.
The answer is that – it has not been delivered!
It hasn't been delivered until it has been left securely in a safe place or put into your hands.

That has to be Your position. You cannot say – "yes, it was delivered… But".

I have suggested some edits in red to your proposed letter of claim.
However, a letter of claim has to give a deadline – normally 14 days and warn the addressee what will happen if they don't comply with your demand.

You haven't put that.

Please amend the letter of claim and post it here again

[ProperDribbly]

The driver put a card throught the door when he left it on the step and thats how the buyer knew the parcel had been 'Delivered' , he then checked the tracking and then got on to either Evri or P2G i cant remember who and they showed him the  'proof of delivery' and told him to contact me ...

so this bit....  Leaving a customers parcel on the steps leading up to a front door just next to the pavement so in full public view without ascertaining that the addressee of the parcel is in or knows of the existence of the parcel does not amount to "a delivery ...

   ..... Should i put that ...

Version 2 ........

Quote

 

Dear Sir /Madam

 

Letter Of Claim

 

Parcel Reference Number ......

Item Value £99.00 + Postage £5.99 Total £104.99

 

On the 23th of November 2023 I used Parcel2go to send a parcel with the above reference using Evri , However there was no one home at the time of delivery so the Evri driver left the parcel on the steps to the terrace house which is no more than 3 feet from the pavement and anyone walking past could take it which is exactly what happened, when the occupants arrived home the parcel had gone.

Leaving my parcel in such a vulnerable position Is a failure to use reasonable care and skill and is therefore a breach of contract.

amounts to Neglect and demonstrates that Evri hasn't taken reasonable due care and attention. Leaving a customers parcel on the steps leading up to a front door just next to the pavement so in full public view without ascertaining that the addressee of the parcel is in or knows of the existence of the parcel does not amount to '' a delivery''.

My original claim against Parcel2go was rejected and closed as I didn't take out 'extra insurance' , this extra insurance is an unlawful product which has No authorisation or exemption from the FCA as required from the FCA as required by the Financial Services and Markets Act 2000

So I am claiming £99.00 lost item plus £5.99 postage Total 104.99.

Therefore, I intend to issue proceedings against you in the county court without further notice unless you reimburse me the above amount in full within 14 days from the date of this letter.

 

 

[BankFodder]

I made a couple more edits. If they are okay then incorporate them and send the letter off.

 

Register with the MoneyClaim online service and start preparing your particulars of claim. Post a draft here

[ProperDribbly]

Thank you ,  i've just donated to CSG

[BankFodder]

Thank you. We have received it and I am responding by email – but you really should wait until you get a result before celebrating with a huge enormous gigantic donation to us!

 

[ProperDribbly]

Trust me Im not celebrating but i couldnt even of got this far without the site and the help received, so ...

[Nicky Boy]

1 hour ago, ProperDribbly said:

Thank you ,  i've just donated to CSG

And... Thank you!

[ProperDribbly]

The Letter of Claim has been sent with Royal Mail Next Day Recorded Tracked and Signed for and i have Proof Of Posting.

Before sending i changed the date to tomorrows so when the letter arrives they have 14 days from tomorow.

Although, as i type this i have not opened a MCOL I will do this afternoon when im back home but I've started a

    

Particulars Of Claim

 

Item Declared. Power Steering Pipe £99.00

Evri Postage £5.99

The total claim is £104.99 + any applicable interest

 

The claimant used the defendant's service to send a parcel via Evri who throught their failure to exercise resonable care and skill , left the parcel in a vulnerable position leaving it open to theft and in doing so breached breached the delivery contract.

The defendant as declined to reimburse the claimant as 'extra insurance' was not taken out by the claimant , however it is believed that the defendant is offering an unlegulated insurance product without authorisation or example from the FCA as required by the Financial Services and Markets Act 2000 and as such the defendents are committing an offence and their insurance product is unlawful in any event.

 

   can I add plus interest pursuant to Section 69 of the County Courts Act 1984. “””” ?

[ProperDribbly]

So the letter of claim arrived thursday morning and that same morning i had an offer of £20 from P2G which i turned down.

Today ive had another offer of £60 which ive also turned down and told them to look at the pictures i provided to Evri showing how close the parcel was left to anyone walking past and asked who in their right mind would think thats acceptable to leave it there ...

....so just waiting and see what the do ...

 

 

 

[BankFodder]

Amazing isn't it how suddenly they become a bit more customer-facing when they realise that they are facing a legal action. Not only that, but they are probably taking very seriously because they are following this thread and so they realise that you aren't bluffing.

Well done on turning their offers down. It's rubbish.

Open account with the MCOL and start drafting your claim. Post a draft of your particulars of claim here and get ready to click it all off immediately at the expiry of your 14 day deadline.

Hugo Martin and His Children already know that it's coming so it won't be a surprise. We all know what is going to happen – and we all know that you will get your money back

[ProperDribbly]

P2G rejected a claim i made back in '21 with another parcel that was 'lost' as i hadnt taken out 'extra insurance' and i just accepted but no more.

If they can offer £60 just add the other 40 odd and end the claim, surely they can get the money back from Evri who have said they dont class it a safe place where it was left ...

 

Ive registered MCOL and have started the particulares of claim which i posted on Wednesday ( 3 posts up from this ) but it needs work

[BankFodder]

Go back and claim for the 2021 lost parcel. It was a breach of contract and we can  help you.

Start a new thread for that one

Edited January 29 by BankFodder
Corrected a typo

[BankFodder]

I see that I made a typo in my last post. It is now corrected

[ProperDribbly]

Email today saying that £60 is all theyre prepared to offer and i didnt read their email properly yesterday as the £60 is put onto P2g's prepay credit for any of my future parcel orders and not back into my hand.

So i thanked them for letting me know and i''ll plod on with my Particulars of claim

 

Edited January 30 by ProperDribbly

[BankFodder]

They have got a damned cheek!

[ProperDribbly]

So yesterday after initially turning down their offer of £60 pre pay I sent another email stating I intend to send a Particulars of Claim and this morning I received this ...

""

Thank you for your email.

 

Having consulted with the claims team, I can advise that we can, on this occasion, offer to settle the claim for the full £100 value.

 

However, we must advise that this is a one-off offer, and for any future orders we would not be able to pay out any claims for loss or damage if parcel protection has not been taken. As a third party booking service it is not sustainable for us to pay out on all claims when no protection has been taken.

 

As you are now aware that full parcel protection must be taken for your parcels to be covered in the event of loss or damage, please respond to this email to confirm you understand that, by accepting this offer, you are agreeing that you will need to have fully protected your parcels to be able to make any future claims for loss or damage.

 

Once you have responded to confirm you agree to this, we will be able to arrange the offers.  """

 

Now I do send a lot of parcels and I Do expect that future items will go missing due to irresponsible delivery drivers and time strapped driver's so can she say that future claims won't be paid unless having paid protection... ?

 

 

[BankFodder]

No, even if you're agree to this you won't be bound in the future.

They cannot contract out of the prohibition on restricting or excluding liability.

However cover you would probably be better off telling them that you don't accept this and that you will go to court.

There on the run and you shouldn't give into them at all

[ProperDribbly]

So since their email last week where they offered to reimburse the full amount only on the understanding that extra insurance nmust be taken out on future parcels and i would not be able to claim again if it hasnt which i declined ive started a Particulars of claim.

 Their 14 days since the Letter of Claim is up on Wednesday so ill be sending the Particulars of thursday this week

Draft 1

 

Quote

 

Particulars Of Claim

 

Parcel Reference Number PSG119919859

 

Item Declared. Power Steering Pipe £99.00

Evri Postage £5.99

The total claim is £104.99 + any applicable interest

 

The claimant used the defendant's service to send a parcel via Evri who through their failure to exercise reasonable care and skill, left the parcel in a vulnerable position leaving it open to theft and in doing so breached breached the delivery contract.

Initially the defendant refused to reimburse the claimant as no extra insurance was taken out but the defendant's terms and conditions exclude or limit t and heir Liability contrary to section 57 of the consumer rights act 2015 and there insurance requirement to extend liability is also contrary to section 57 as well as being a secondary contract within the meaning of section 72 of the consumer rights act and therefore also unlawful.
Additionally the defendants sale of enhanced protection And is offering is an unregulated insurance product without authorisation or exemption from the FCA as required by the fiancial Services and Markets Act 2000 and as such the defendants are committing an offence and their insurance product is unlawful in any event even were it not contrary to the Consumer Rights Act 2015.

Then the defendant offered to reimburs their e the claimant a One-Off full amount payment on the advise condition that the claimant agreed that in the event of that any future lost parcels orders that claims for losses would not be paid unless 'Extra Insurance' was taken out.
This onerous and unfair imposition of an unlawful contractual condition upon the claimant would also amount to the use of a secondary contract to exclude or limit liability and therefore also unlawful within the meaning of section 72 consumer rights act 2015. But as previously stated their insurance is unlawful and they cannot contract out of the prohibition on restricting or excluding liability.

The claimant seeks £99.00 regarding the lost goods + £5.99 for postage costs plus interest pursuant to Section 69 of the County Courts Act 1984.

 

 

 

 

Edited February 5 by BankFodder
Edits in red

[BankFodder]

Good for you.

Please standby for a reply later on

[BankFodder]

Before I suggest amendments, can you tell me if you are trading on eBay or are you simply a private seller?
It makes a difference because if you are simply a private seller/consumer then you would rather rely on the consumer rights act. If you are trading on eBay – even only on a small scale then you would be relying on the unfair contract terms act 1977

[ProperDribbly]

im just a private seller