Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

[purple_rain]

Hello all,

 

I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me.

The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code. 

I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen.

DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it. 

I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free. 

Appreciate your help

 

Thanks!

[jk2054]

Yes you do

[dx100uk]

have you proved at what house was it left outside of & stolen from ...yours or the neighbours?

the fact it was for a warranty return means nothing.

neither does it that the repairer/retailer have special instructions with DPD for them not to leave a parcel outside unless specified by a customer ..you might have overruled them with your instructions on the DPD website, you stated, neighbour/safe space??

if it was left outside your door, which you appear to indicate RE:

3 hours ago, purple_rain said:

The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it. 

i can't see you winning this...you created your own problem with what you put on the DPD website?

 

 

[jk2054]

I'm sorry but I feel DX is completely wrong here.

You asked for it to be left in a safe place. A safe place isnt' a doorstep on a busy road.

I've had this issue considered already by courts on 3 separate occasions, and on all 3 It was decided it was not safe.

OP I do believe your case will be successful and i don't think DX is right.

I've looked at your case specifically more.

Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place"

Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place

[purple_rain]

I selected my next door neighbour but as a safe place I selected other because the neighbour who was going to be in wasn't selectable as a nominated neighbour so in the free text I put her door number.

I didn't ever state that it should be left in front of my door and I had no idea that the retailer had a deal with dpd about never leaving a parcel outside unless instructed by the customer.

It was dpd who told me they left the parcel outside my door and took a picture but I can't access that picture anymore.

The door does lead straight into the road. 

hopefully, the retailer will just agree to replace it without a fuss.

thank you both for your input.

[dx100uk]

47 minutes ago, purple_rain said:

hopefully, the retailer will just agree to replace it without a fuss.

wont ever happen the seller didnt lose it.

looks like a total mess upon how you wanted this delivered and i can see DPD contesting this.

stating neighbour and no door number, then putting that in the free text below and also giving the option of a safe space, when you didnt have one and your door opens to the road ...is all a bit confusing and could be your undoing.

of course DPD should not have left it on a doorstep, but neither are they responsible for the actions of thieves. but i just have my doubts

dx

 

[purple_rain]

I tried to put the door numbers of the neighbours who offered to take it in but neither were available on the drop down despite us all sharing the same postcode.

You cannot free type an address in the neighbour selection.

In the end I did select a house number of a neighbour which was available (46) but I also wrote 52 in the free text of a safe place called "other" hoping the driver would read.

They had the option of 2 neighbours to deliver it to.

Front porch is a specific option which I did not select.

I have to say I'm a little surprised with your stance on the matter but it's your opinion I guess. 

[dx100uk]

you made it very confusing, though i doubt any of it was ever read by the delivery franchise for DPD.

your saving grace might well be you didn't select your own address (though if you are all the same postcode..??) and neither mentioned a safe space other than another neighbour.

but with the actual delivery address on the parcel, it appears the driver had a choice of 3 addresses, all under the same post code with differing house numbers. so chose the label one but left it on your doorstep.

play it carefully and along with the photo and the retailers requirement you should be ok.

 

dx

 

[purple_rain]

Well, we live on the same road so it should be the same postcode. When I spoke to dpd and asked why were my neighbours' address not on the list and she said maybe they're not of the same postcode and I checked and they definitely were.

Not to mention, delivery instructions are supposed to override actual customer's address which is why they asked for instructions I thought.

Edited May 5 by purple_rain

[jk2054]

Your fine that doesnt matter

Ask retailer to refund/replace

if they refuse sue dpd

[purple_rain]

retailer said they'd speak to dpd on Tuesday.

I don't want to screw the retailer because they were doing me a favour by fixing it for free 

I hope dpd will refund them so they don't lose out.

Will keep you guys posted. 

[jk2054]

Not being funny but frankly you shouldn’t care whether DPD refund the retailer or not.

You should be bothered about ensuring you don't lose out.

[purple_rain]

I received an email from the retailer today:

"Apologies for the delay in coming back to you, I have been passed around a bit by DPD.

I keep being told that the reason the parcel was left was because you informed them of various options to complete the delivery, four in total via the app.

Two of which were for it to be left with different number houses, and two stating your safe place.

I was told these are treated as a list of options to complete the delivery so the driver opted for "safe place" which was given twice,

I questioned the definition of safe place but was told that unless a specific instruction is given this can be at your front door.

The lady said this is often done by people when working at home (when on calls for example) so they don't miss the driver, the parcel gets left and then they pick it up once the app confirms delivery at the time it is dropped.

Despite the above, I tried to argue that it should not have been left there and was then instructed to submit a claim, which I have now done.

I do not know what the outcome of the claim will be, but they have been quite adamant that they completed the delivery following your instruction, and that if no instructions had been given then it would not have been left.

It can take up to 28 days for them to preform their investigation, I will let you know when I hear anything back."

I have asked him what he's going to do if dpd doesn't side with him and I'm waiting for his response.

[dx100uk]

told ya.

25 minutes ago, purple_rain said:

I keep being told that the reason the parcel was left was because you informed them of various options to complete the delivery, four in total via the app.

On 05/05/2024 at 02:28, purple_rain said:

I don't want to screw the retailer because they were doing me a favour by fixing it for free 

I hope dpd will refund them so they don't lose out.

DPD will either reject the claim totally or simply refund whatever might be due regarding any associated insurance for the postage option paid for.

dx

[BankFodder]

First of all it sounds as if your retailer is very decent and very responsible. This itself is unusual in these kinds of circumstances and I think we need to bear this in mind.
The guarantee is not particularly relevant and in fact the dealer had a statutory duty to exercise a certain responsibility for your computer – probably for several years as their obligation under the consumer rights act. The dealer may not have known this and it simply acting out of a sense of moral responsibility and that is even more noteworthy.
You've already suggested earlier that you didn't really want to cause problems for your retailer.

I think that you will need the help of your retailer as well in order to get information and evidence.

I suggest that you proceed against DPD – but before you do that – I suggest that you have a discussion with the retailer. Tell them that this is what you are going to be doing and you would like to have a copy of anything they have which relates to the special instructions which apparently your dealer has already informed you about in relation to where item should be left.

Secondly, maybe you should tell your dealer about this site and also about this thread. I can imagine like many dealers who are frequently sending items by means of couriers, they have had things go missing. Tell them that we will be very happy to help them recover money for lost or damaged or stolen items – and that is regardless of whether or not they have purchased insurance.
Apart from being very pleased to help your dealer recover items which have been lost by irresponsible parcel delivery companies, I think we need to encourage the complicity between you and them so they will be pleased to support you in your claim against DPD.

It will be helpful if you can get a copy of the instructions that you have referred to above, and also if you can get some written evidence of your own instruction that your laptop should be left in a safe place.

Have you done the reading on this sub- forum? You will need to do lots of reading of many of the similar stories on this sub- forum. They won't necessarily be against DPD but the principles will broadly be the same.
Also read the pinned topics at the top of the sub- forum in order to understand many of the principles involved.

Getting your money back but be quick – but your chances of success are better than 90% that you can bank on it taking anything up to a year.

Have you got anything in writing from DPD either refusing you or telling you that they won't discuss with you?
 

[purple_rain]

DX:none of the instructions advised them to leave the parcel on my door step and without such instructions.,

I'm struggling to see why they think it's ok to just dump it there.

BF:

sorry for the delay and thank you for the lengthy reply.

Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future.

I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place. 

I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop.

I will read the other posts for sure. I've been a bit preoccupied with family stuff.

I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log.

We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv.

Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on. 

When the retailer responds, I will send him the link to this thread.

Hopefully, he will benefit from the information on here as well.