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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Evri left parcel in full view on street


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My parcel was actually delivered by Evri to the terrace house but the buyer wasnt at home ( sunday) the driver left the parcel on the 5 steps up to the door which is On the street and when the buyer came home the parcel had gone, he only knew it had been delivered by the card through the door.

He went onto the website to see proof of delivery picture which does show the parcel on the steps but who in their right mind would not think its going to be stolen ?

Ive messaged Evri opening a case but they have replied with " Parcel found" and case closed.

I didnt take out protection.

Would i have a claim because the evri driver has left the parcel so anyone could steal it ?

He might aswell of just thrown it out of the vans window.

 

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Thank you for that ...

I have read a few posts on here about evri but they were to do with Evri losing the parcel in their network and not having the item stolen once delivered, its the fact that the parcel was left in plain sight where anyone walking past could just pick it up.

The item was a cars power steering pipe worth £100 which i sold on ebay and ive refunded the buyer.

I used Parcel2go to book the postage with Evri and its value was declared.

I'll have a read through some posts and think about what to do , id usually just leave it but its the fact it was just left in plain view

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Hi,

I sent Evri a complaint via the Resolver website and attached is their reply.

I initially went through Parcel2go to book the delivery and apparently my case is with them ? But at least Evri have said that leaving the parcel wasn't a safe place ....

Evri's reply

"" Hi Andrew,
 
Thank you for getting in touch with your enquiry regarding parcel reference ........
 
Im sorry to hear that you have experienced a problem with this delivery and I can appreciate how frustrating this situation must be for you and your recipient.
 
 I can see that you purchased the shipping label for this parcel via Parcel2Go. While your parcel was sent using the Evri network, Parcel2Go are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you.
 
Here is a useful link which may assist you:
Parcel2Go Help Centre: https://www.parcel2go.com/help-centre
 
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.  """
 
Now didn't take out extra insurance but surely I can claim with consumer rights ?
 
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As stated I used Resolver because I could up load pictures to Evri showing wider images of the steps Showing that the steps are basically on the street which you can Not do on their live chat.

I haven't done the reading No, I don't understand it , I've read The courier industry insurance requirements are unenforceable because: but I'm lost .

Anyway Thanks I'll leave it

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Morning ...

Ive been emailing Evri through Resolver which I'm using just as a portal to Evri nothing more and I've an update.

After several replies from Evri saying my contract was with Parcel2go so it's them who I need to contact and me replying with the Third right act ect ect Evri have today said I can make a claim through their claim process but I'm just worried that they will repeat that it's to do with Parcel2go and close the claim wasting time .

Should I go through their claim process or stick with the Third right act ... ?

P.s.   Thank you for the help so far, if it was for a smaller amount I probably wouldn't bother but £100 is too much to lose.

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Yes I know the Resolver staff are paid you have mentioned it before and the fact that here is voluntary , I know.

As I've said , I am only using resolver to email Evri as if i go through the live chat there will be a case opened and then when they decide it will be closed and that's that,  where I've found if I go through Resolver that can't happen, now let's forget about Resolver.

I have NOT asked Resolver their opinion or help and they have NOT said anything to me. 

I opened a case with Parcel2go on the day of it being stolen and they opened a case which was closed the following day saying the parcel had been found which isn't what I asked for , I'm sick of them just closing cases it's like banging your head against a brick wall so I'm going for Evri

 question is , Should I accept Evri's offer of going through their claim process. 

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2 hours ago, Nicky Boy said:

Hi,  Thank you ,   I've already read that along with a few others

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  • 1 month later...

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 23rd 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 by BankFodder
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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 by ProperDribbly
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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.

 

 

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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. “””” ?

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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 ...

 

 

 

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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

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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 by ProperDribbly
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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... ?

 

 

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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 by BankFodder
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it needed a substancial rewoking ...

Draft 2 

 

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 their Liability contrary to section 57 of the Consumer Rights Act 2015 and their 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 is an unregulated insurance product without authorisation or exemption from the FCA as required by the financial 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 contrary to the Consumer Rights Act 2015

Then the defendant offered to reimburse the claimant a One-Off full amount payment on the condition that the claimant agreed in the event of any future lost parcels the 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 Act 2015

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.

 

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The Particulars of Claim arrived at P2g yesterday and I received this this morning.

They still offer the £100 and have refunded the postage but I also claimed £14 something for 2 recorded letters to them .

Last time the offer was only if I agreed I couldn't claim in

I would like to draw your attention to the intricacies of the logistical challenges faced by our courier network due to the substantial influx of parcels on a daily basis. The sheer volume of packages undergoing continuous processing and handling occasionally leads to delays or losses during transit. As previously highlighted, it is an aspect of our operational reality that we continuously strive to manage effectively.

As per our previous correspondence, having engaged in discussions with our claims team, I am pleased to inform you that, as a goodwill gesture and without any admission of liability, we are prepared to extend an offer to settle your claim for the full value of £100. This one-off offer is made in recognition of the inconvenience you have experienced and is not indicative of a precedent for future claims.

To facilitate the acceptance of this offer, kindly log into your online account. Once accepted, our meticulous accounts department will promptly initiate the claims process. Anticipate the completion of the claim payment within 7 working days. It is crucial to note that this offer is final, and any attempts to negotiate a higher settlement will regrettably be unsuccessful.

Furthermore, I would like to reiterate that our settlement does not cover any consequential losses incurred as a result of this claim. Additional costs related to the incident are beyond the scope of our compensation.

For future transactions, it is imperative to obtain full parcel protection to safeguard against potential loss or damage. As a third-party booking service, the sustainability of our operations depends on the responsible adherence to our policies, ensuring a fair and viable business model.

As you are undoubtedly aware, the acceptance of our terms and conditions was a prerequisite for booking our services initially. It is through this agreement that we establish a framework for our business relationship, setting forth the parameters that govern claims and compensation.

On a related note, I am pleased to inform you that a refund for the carriage fee has already been duly processed. Transaction reference #1777382 reflects a refund of £4.38, transferred on the 25th of January 2024.

Should you have any lingering queries or require further clarification, please do not hesitate to reach out to our dedicated customer service team. Your satisfaction is of the utmost importance to us, and we are committed to providing any necessary assistance.

Thank you for your understanding and cooperation in this matter.  """"

the future if no protection was taken out , I suppose this is the best I'm going to get

"""".

Good Morning Aary 2024.

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