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      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.
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eBay parcel worth £265, booked via Parcel 2 Go, 'lost' by Evri


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Afternoon all

1. I sold a second-hand set of 8 golf clubs on eBay on 17.3.24 for £250 plus £15 for delivery (a total of £265) to a buyer in Cardiff.

2. I bought Evri ParcelShop Next Day delivery via Parcel 2 Go for £9.10 online. I declared the parcel as second-hand golf clubs and their value at £265. I did not purchase any additional ‘insurance’.

3. I carefully packed the clubs, and, as requested by Evri included in the package a note providing the buyer's address, and delivered them to my local Evri ParcelShop, from where Evri tracking shows they were collected the next day (18.3.24) before being sorted at the local depot. 

4. On 19.3.24 the Evri tracking stated "We’ve not been able to deliver today due to a road incident. We’ll update tracking as soon as your parcel is out for delivery” and that's where their journey apparently ended.

5. After daily interactions with the Evri Chatbot, and some emails from their Customer Services Dept the parcel did not move and was initially declared as 'misplaced' before a telephone call from Evri Customer Services on 27.3.24 advised they could not find the parcel, which I should therefore assume had been lost. I asked about a refund and was told I should take it up with Parcel 2 Go.  

6. I opened a claim with P2G that same day and provided copies of all relevant documents. They said they would liaise with Evri. I also refunded the buyer in full (£265).

7. On 3.4.24 P2G emailed to say they were they were “happy to inform you that we've made an offer against your claim regarding the following order: P2G123005161. We'll refund the cost of delivery on top of your claim settlement.” Their offer was for £20 plus the delivery cost of £9.10 so a total of £29.10. I clicked on the 'Reject Offer' box and when it I was asked why, I typed in ‘£265 + £9.10 = £274.10'    

8. That same day they emailed me advising they were sorry their offer ‘did not meet with (my) expectations’ and that they’d review the case and get back to me shortly. 

9. On 8.4.24 P2G email me back to say “After reviewing your case and careful consideration, we believe that we have offered a fair settlement and have decided not to increase our offer.” 

10. I've spent a few days reading lots of posts and cases on this site, and intend to pursue this case and (hopefully) get my £274.10 back. I understand the first stage should be a Letter Before Action, and my first question is should this be sent to Parcel 2 Go, who sold me the 'service' or Evri, who lost the parcel?

Many thanks in anticipation - G59

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Thanks very much Bank. I have topped and tailed my LOC and printed off a copy which I shall post tomorrow by First Class post at my local post office and also obtain a proof of postage. I'll also email them a copy.

I've opened a MoneyClaim account, and shall now begin work on my draft Particulars of Claim which I shall post here for your thoughts.

And I shan't be using the Moderation service.

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An interesting moderation debate chaps!

But something very strange has happened with my claim today.

Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off

I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed. 

Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'.

Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?   

Many thanks

G59 

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I'm working on it. I was also thinking of adding a gentle reminder of PENCHEV and SMIRNOVS v P2G to my response to Mr Schnur.....

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Ooops - one to many also s..... my draft reply should read as: 

Thank you for your response Mr Schnur 

I set out my position quite clearly in my letter of claim and nothing has changed.

Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729). 

My deadline for action - 1 May 2024 - still stands, and if P2G wish to avoid the addition of court costs and interest to my claim, you may wish to respond positively before that date.

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Thanks Bank – I took your cynicism / experience on board and responded thus:

Thank you for your response Mr Schnur 

I set out my position quite clearly in my letter of claim and nothing has changed.

Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729). 

My deadline for action - 1 May 2024 - still stands.

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Natalie, whom I assume works for Mr Schnur, emailed me to advise that "Please be advised that Parcel2Go.com is not an insurance broker and is not backed by any. We do not offer any kind of insurance policy on any of our services. We give all our customers the opportunity to cover their goods to a preferred value so that if a claim does arise, we are able to compensate them. All our claims are self-certified, and we are not a regulated company." (full copy of her email attached) 

I responded: 

"
Good afternoon Natalie 

Have you read my email below? Are you aware of the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘protection’ on top of the standard delivery charge, and P2G were required to settle both cases (by then also incurring court costs and interest) in full.
This will happen again with this case if I am not recompensed in full (£265 + £9.10 = £274.10) before 1 May 2024.
 

Tick tock, tick tock……"

22Apr24 - email from P2G responding to my email to Schnur of 19Apr24.pdf

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And Mr Schnur has responded to my email reply to Natalie:
 

Good Afternoon ****, 

Thank you very much for your email regarding the above mentioned shipment.

I am very sorry for the inconvenience experienced with your order.

Please note that we will not be able to increase the compensation as suggested by yourself as you have not taken out any protection to fully cover your parcel's true value.

We are currently in the process to liaise with the courier to see whether they can conduct some depot and lost property searches for you.

We will get back to you as soon we have heard back.

 Kindest Regards

David Schnur

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Thanks Bank - I've just sent the following:

Dear David 

Thank you for your reply advising you are liaising with Evri. 

They had better hurry up and find the missing golf clubs, because if they fail to do so I shall be commencing legal proceedings against P2G on 1 May as promised.

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And in other news, I've been in contact with the original buyer of the golf clubs in Cardiff, who received the empty box a month after I despatched it. Unfortunately he has disposed of the box, but before he did so he took a couple of photos showing the cut/torn end through which the clubs were obviously removed. I wrapped the package, especially both ends, with yards of strong, black duct tape, there is no way it would have split.....

22Apr24 - photos of cut or torn box.pdf

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Today's email from Mr/Mrs/Ms S Fernandez of the P2G Claims Dept advises he/she/they "have looked into your concerns and understand the parcel was received damaged by your customer." As a result they "have agreed on this occasion only as a matter of goodwill without prejudice, to make an offer of settlement for £100.00"

I replied to him/her/they that (a) the parcel was not received damaged, but empty and (b) that they have until next Weds, 1 May to recompence me in full or the court case will commence.

 

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In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below:

Claim

Claim number: xxxxx
Reference: P2G MAY 2024
 
Claimant
xxxxx
 
Defendant

Parcel2Go
1A Parklands
Lostock
Bolton
BL6 4SD 

Particulars of Claim

The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to
exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest.
The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx
 
Details of claim

Amount claimed £276.80

I look forward to your thoughts and comments guys!

As ever, many thanks - G59

   

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Thanks Bank - I shall tweak my draft and repost.

And here's today's ridiculous email from the P2G 'Claims Dept'

Good Morning, 

Thank you for you email.

Unfortunately we would be unable to pay the amount advised in your previous email. 

When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item. 

Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again. 

Unfortunately, we would be unable to offer you an enhanced payment on this occasion. 

If I can assist further, please do let me know. 

Kindest Regards

Claims Team

and my response

Good Afternoon 

Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest.

I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then.

Tick tock…..
 

 

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Morning guys

As Bank suggested, I've now re-worked my POC to include details of my parcel's original loss,  miraculous rediscovery a month later and subsequent delivery, albeit having been opened and the contents removed. Grateful for your thoughts please, as (P2G having gone very quiet) I intend to initiate court proceedings against P2G tomorrow - 1 May.

Claim

Claim number: xxxxx
Reference: P2G MAY 2024
 
Claimant
xxxxx
 
Defendant

Parcel2Go
1A Parklands
Lostock
Bolton
BL6 4SD 

Particulars of Claim

The defendant failed to arrange for the safe delivery of the claimant's parcel containing 8 second-hand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and whilst Evri collected the parcel for delivery on 18 March 24 they then ‘misplaced’ it a day later, formally declaring it lost on 27 March. On 16 April they found it and delivered it on 17 April but, at some point before delivery, it had been opened and the contents removed . The defendant refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is also in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest.
The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx
 
Details of claim

Amount claimed £276.80

 

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Exactly right Bank! 

I had an email this morning from HM Courts and Tribunals Service Civil Money Claims:

Dear Mr xxxx

Claim number: 527MCxxx

Parcel2Go.com has been given an extra 14 days to respond to your claim.

They need to respond to your claim before 4pm on 4 June 2024. 

Anyone would think you've been through this before!

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