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    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
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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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Parcel2Go rejecting my claim for a damaged parcel after taking out extra protection


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I sold my brand new, unaltered wedding dress on Still White. I picked it up from the wedding shop 2-3 weeks before shipping and it was in perfect condition. It was packaged in the protective bag that it was sold to me in and in 2 boxes. I shipped it with UPS via Parcel2Go and I paid around £80 extra for package protection due to the high value of the dress and expected it to be handled with care. The package was just left on the woman's doorstep (I have a photo of this), therefore being subject to all the elements, and I have now had a complaint from the woman that there is yellow staining on the lace of the dress due to the poor handling of the package and she is now requesting a refund. It clearly hasn't been transported correctly or with care and the dress has now been damaged in transit. It cost a lot to ship it due to the extra protection I took out and I expected that it would have been flagged as high value goods. I raised a claim with Parcel2Go as it is now damaged, which will affect my ability to resell it and they have rejected it on the basis that the packaging looks in “perfect condition” (they cannot tell this from the photos given that the photos are from the buyer after it had been opened) and therefore couldn’t have damaged the dress. I wouldn’t have bothered paying extra for the insurance if it wasn’t going to actually help me! Any advice would be really appreciated as I’m now massively out of pocket with a damaged, unsellable dress on its way back to me! 

I sold my brand new, unaltered wedding dress on Still White.

I picked it up from the wedding shop 2-3 weeks before shipping and it was in perfect condition. It was packaged in the protective bag that it was sold to me in and in 2 boxes.

I shipped it with UPS via Parcel2Go and I paid around £80 extra for package protection due to the high value of the dress and expected it to be handled with care.

The package was just left on the woman's doorstep (I have a photo of this), therefore being subject to all the elements, and I have now had a complaint from the woman that there is yellow staining on the lace of the dress due to the poor handling of the package and she is now requesting a refund.

It clearly hasn't been transported correctly or with care and the dress has now been damaged in transit.

It cost a lot to ship it due to the extra protection I took out and I expected that it would have been flagged as high value goods.

I raised a claim with Parcel2Go as it is now damaged, which will affect my ability to resell it and they have rejected it on the basis that the packaging looks in “perfect condition” (they cannot tell this from the photos given that the photos are from the buyer after it had been opened) and therefore couldn’t have damaged the dress.

I wouldn’t have bothered paying extra for the insurance if it wasn’t going to actually help me!

Any advice would be really appreciated as I’m now massively out of pocket with a damaged, unsellable dress on its way back to me! 

Edited by BankFodder
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Solid blocks of text are very difficult for people to follow and especially when they are using small screens such as telephones.

This discourages people from giving you the kind of help that you need.

Please will you make sure that your posts are properly spaced and punctuated in future. 

I have done this one for you on this occasion

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I think for the moment you will have to wait for the return of the dress to you And then take some decent photographs which will show the damage very clearly. You will have to provide these to parcel to go but also you will need them as evidence for the court if that's the way this matter goes .

Let us know when you get the dress and you have the photographs. It would be helpful to see the photographs here.

In the meantime I suggest that you start reading as many of the stories on the subforum as you can manage in 2 or 3 days and that means quite a lot.

In particular read the pinned posts at the top of the subforum which will explain the principles involved which you will probably have to use if you bring the matter to court.

When you have done the reading, when you have received the dress and when you have the photographs then come back here and we can go to the next step

 

 

 

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Also, what is the value of the dress and have you refunded the purchaser?

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Hi, thanks for your reply.

I've attached some photos showing the damage to the dress that the buyer sent, how I packaged the dress, and the dress being left on the doorstep by UPS. 

The buyer opened a dispute with Paypal for the full amount, despite saying she would be happy to get it dry cleaned, and now Paypal have ruled in her favour and have said she can return the dress and I will have to refund her (they will automatically take the payment from my account).

The value of the dress is £1299 and I took out extra protection with Parcel2Go for that value. 

 

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Thank you. I'll have a look later on but for the moment please could you post the images again but in a single file multi-page PDF.

It's very complicated for us to have to go through lots of different files

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Thank you. I will take a look later .

Have you got a picture of the doorstep or where it was left?

So I suggest that you try to find the weather forecast the weather conditions for that day. 

Get a screenshot shows you the entire day and particularly the weather conditions at the time of delivery

 

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I've had a quick look. Are these your pictures or the ones from your customer?

Certainly I can understand parcel to go say that they can't see any damage. 

Also picture number one with the parcel standing out in the sunshine isn't going to be very helpful to you. 

 

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