Ticketmaster VS Royal mail

[rezzer18]

Hi!
I'm really new here so hope i am posting in the right place, and thank you so much in advance for any response.
I purchased two tickets for eminem in January for Twickenham stadium July 14th, the delivery option available was Royal mail tracked and signed delivery.
I was told tickets would be dispatched around 30 days before.
I then received an email saying they were delayed but not to worry.
Whilst i was on holiday i received an email on Monday 2nd of July stating my tickets had been delivered and signed for (impossible i'm not in the country and i did not select the 'leave with neighbour option').
I checked the information and it states 'Phil' (the building caretaker) had signed for them but the signature is not his.
As soon as i got back i discussed this with the caretaker, he states he did not receive any letters to sign and showed me proof this is not his signature.
He knocked on every neighbours door in the entire block of flats and nobody had any information.
His name is displayed outside on a plaque with his phone number and job title, so i'm thinking this may have been where the delivery driver got the name from & then possibly dumped the letter somewhere?
Royal mail agree they should not have let anybody else sign for this parcel, especially since it was never taken to my door, but will not deal with me as their contract is with Ticketmaster.
Ticketmaster won't reissue a ticket and have told me: as it was signed for by somebody they will not issue a refund and i should chase Royal Mail or the police...
I feel like i am up against two giants!
I am now £260 out of pocket and missing an event I've been looking forward to for seven months.
What are my rights?

[AnotherLevel]

Your contract is with Ticketmaster, so they should be the one dealing with the matter.

It might be worth reporting it to the police, getting a crime reference number and then contacting Ticketmaster. This should be enough for them to reissue the tickets, according to their website.

You are able to claim from Royal Mail, however I believe you will need proof of postage (the tracking number isn't enough). The level of compensation depends on the declared value and whether any consequential cover was purchased.

[rezzer18]

Thanks for your reply!
I am going to file a report with the police and forward the CRN to TM as you suggested.
In terms of proof of purchase i have the tracking number, the photo of the signature, and the original confirmation of order from Ticketmaster but that is all as i am not the sender. Would this be enough? The only option on ticketmaster's website when purchasing was: E ticket or royal mail tracked and signed which i selected (wish i hadn't!) If Ticketmaster refuse to deal with this are they breaching our contract? Royal Mail confirmed twice with me today they cannot refund me only ticketmaster and can send me a letter stating so.

[R0b]

Hello

Sounds like Ticketmaster are fobbing you off here and if I were you I wouldn't be having any of it. When you contacted them did you do it in writing or by telephone?

Under the Consumer Rights Act 2015 the risk in goods remains with the trader until the consumer takes possession of the goods or someone else nominated by the consumer takes possession. Since you did not opt to for someone else to sign for the tickets and that apparently it seems that Phil did not sign for them either, then Ticketmaster are liable. It is not up to you to engage Royal Mail and chase up, it is Ticketmaster who engaged their services and so they are responsible for any loss.

Given that there are only 3 days until the concert I would suggest that you email them with something along the above lines and explain exactly what you want i.e. a replacement ticket. Otherwise your only other option is to commence legal proceedings for breach of contract, and you should also claim loss of enjoyment too as a result of the breach.

Afraid there's not much you can do but threaten legal action and perhaps someone smart and sensible enough will agree to reprinting your tickets. Do make sure to keep everything in writing from now on in case you do issue a claim and you have a paper trail.

If you need feedback on any letter/email post it up first and we can add our comments. Just in case I am not about (as the England match is on tonight!) I've tagged des8 and jaguarsuk to help

[jaguarsuk]

It might be worth reporting it to the police, getting a crime reference number and then contacting Ticketmaster. This should be enough for them to reissue the tickets, according to their website.

Your contract is with Ticketmaster and therefore your claim is also with Ticketmaster, they should then claim from Royal Mail as they contracted with them.

Try this advice quoted as obviously the aim is to get the tickets and go to the event in reality. If they reissue ask if there's a possibility of collection at the venue to save any more Royal Mail particularities.

If it is the case that doesn't pan out then you would need to send a suitably compliant Letter Before Action to Ticketmaster and then if they still refuse launch a claim in the County Court.

Edited: crossed with R0b

[AnotherLevel]

TM are ultimately responsible as you bought something from them that you have not received. At the end of the day though, your ideal solution has to be that TM reissue you e-tickets so you can go to the concert, right?

If you get the CRN from the police, I can't see why TM won't reissue the tickets. It seems fairly straightforward to me and it's something that I am sure they are used to.

[jaguarsuk]

If you need feedback on any letter/email post it up first and we can add our comments. Just in case I am not about (as the England match is on tonight!) I've tagged des8 and jaguarsuk to help

I won't be about either for the same reason.

However, what I would add is to Google and find their executive complaints department or the CEO's email address to make your complaint, don't mess about with the bog standard customer services as R0b says you want someone smart and sensible with enough authority to sort this out.

[rezzer18]

Hi Rob!
Thank you so much, your advice has been so helpful!
They sent me an email last night saying they wont reprint tickets as 'by duplicating these the venue may go over allocation limit and if anything happened during the event, they could lose their licence. Contact Royal Mail directly.'

Royal mail were very sympathetic but as i am not the sender they couldn't do a thing!

Going to send them another email including the Consumer Right Acts 2015, and suggest legal action if they will not resolve this.
I will update when i hopefully get a reply (website states can take up from 72 hours to 28 days.

Thanks for the help & hoping the match takes my mind off all this too, enjoy!

[rezzer18]

I am absolutely desperate to go to the concert.
I asked if they could reissue at the box office if i bring my ID, or if they can issue an E ticket,
They are refusing to do so as these tickets 'share the same barcodes'.
Have been looking forward to this since January, and with the tickets being sent so close to the event time its left so little time to resolve anything.

Enjoy the match everyone!

[R0b]

If you are going to email I should add that you might want to mark the subject line as striking and eye catching, something like: "Urgent - Notice of Intended Legal Proceedings against Ticketmaster"

And the relevant section under the CRA 2015 is section 29 as below.

[AnotherLevel]

It looks like the promoter for the concert is Metropolis Music. I found the following number on Google for them - 020 7424 6800. It might be worth calling them and explaining the situation.

I do find it bizarre how TM cannot deal with the event organiser. If the tickets have a barcode, they are electronic so I cannot understand why they will not cancel the existing tickets and issue new ones. At the end of the day, these tickets have effectively been stolen.

[Setmefree3]

What others have said is correct. My Father’s Day present was stolen from a Hermes depot, when I chased it up I was informed by Hermes to contact the seller for a refund and then Hermes would reimburse the seller. I did ask Hermes for the crime reference number from the police, based on my address and family images were in the parcel, but was told that would be between them and the seller as they didn’t have a contract with me.

[des8]

Hi, just got in, NOT WATCHING FOOTBALL, but have nothing constructive to add to above posts!