Parcel 2 Go dot com

[StoneLaughter]

Hi folks - to those who remember me sorry I've been so long away - three young kids will do that to a guy!

In my spare time I make and sell Native American style wooden flutes in my shed; and I sold one a few weeks ago to a repeat customer. He paid £120. I shipped it via Parcel2Go (using the InPost courier). I had always chosen Hermes before but InPost were a little cheaper so I chose them this time. I actually made a typo and put the value of the shipment at £20 which meant that that was what their insurance would cover me up to... however I wasn't expecting it to be an issue as I'd been using P2G for ages with no issues.

However, the flute arrived smashed; having followed their claims procedure I was offered £25 as on-site credit which I accepted under protest (I made this clear at the time - I made clear I would be pursuing more).

I read their terms and conditions (https://www.parcel2go.com/content/about-terms.aspx) and it strikes me that:

(a) They're saying that they'll only pay what you're insured for, even if it's their gross negligence which causes the damage or loss;
(b) They're specifically excluding the Unfair Terms in Consumer Contracts Act

My position is that:

(a) I don't care whether they can recover the costs via insurance - they are under a duty of care to my shipments and if it's gross negligence on their part causing damage or loss, they should pay.
(b) They are not in a position to exclude an Act of Law.

I sent them an LBA three weeks ago (I gave them 14 days) and I'm now at the stage of deciding whether or not to take them to Court.

Can I get a bunch of opinions please on the strength or otherwise of my case (ask questions if you need more info), and whether it's worth my continuing to pursue this further? If it is worth pursuing, are there any pitfalls and/or gotchas I should avoid in doing so?

Thanks in advance for any assistance I may receive.

[des8]

Re: Parcel 2 Go dot com

Quite frankly, IMO you are wasting time and money pursuing this matter through the courts.

Freight contractors seek to limit their liability for loss or damage to goods they carry by means of a formal contract. IF you can prove negligence they are only contractually liable to the extent of this limit.

I may have missed it, but I cannot see where their terms and conditions exclude UTCCR,
However they do exclude Unfair Contract Terms Act 1977 "to the fullest extent legally possible". (which is acceptable)
That Act allows for contract terms to limit liability subject to reasonableness.
Their T&Cs (para 6.3) give the reason for this limitation, which is actually common across the industry

[Kati]

Re: Parcel 2 Go dot com

The following items (or any item similar in description or content) can only be carried on a no compensation basis on any service.Any person sending such an item does so at their own risk:

• Crockery
• Crystal
• Delicate Items
• Detergent
• Diamonds
• Dinner Service
• Documents
• Fiberglass
• Figurine
• Fish Tank
• Fishing Rods
• Food
• Fragile Items (All)
• Framed Painting

Would you describe your wooden flutes as either of these (see in red)??

[Amethyst]

Re: Parcel 2 Go dot com

Hey Stoney xx I won't stick my oar in other than to say HI xxx hope you and yours are doing good xxxx

[StoneLaughter]

Re: Parcel 2 Go dot com

Would you describe your wooden flutes as either of these (see in red)??

No... and neither was the packaging. The flutes are robust and are well packaged on despatch - it has been extremely roughly handled to cause the damage I observed - or placed in such a way it was supported at both ends with an extreme weight resting in the centre.

[Kati]

Re: Parcel 2 Go dot com

No... and neither was the packaging. The flutes are robust and are well packaged on despatch - it has been extremely roughly handled to cause the damage I observed - or placed in such a way it was supported at both ends with an extreme weight resting in the centre.

So, they can't stitch you up for shipping non-compensation goods :tinysmile_twink_t2:

(had to make sure tho' )

[StoneLaughter]

Re: Parcel 2 Go dot com

Quite frankly, IMO you are wasting time and money pursuing this matter through the courts.

Freight contractors seek to limit their liability for loss or damage to goods they carry by means of a formal contract. IF you can prove negligence they are only contractually liable to the extent of this limit.

I may have missed it, but I cannot see where their terms and conditions exclude UTCCR,
However they do exclude Unfair Contract Terms Act 1977 "to the fullest extent legally possible". (which is acceptable)
That Act allows for contract terms to limit liability subject to reasonableness.
Their T&Cs (para 6.3) give the reason for this limitation, which is actually common across the industry

Sorry I misread UCTA as UTCCR *blush*

I said it had been a while.

What I don't get is why, having agreed to carry my goods, once I leave it in their care why don't they have a duty of care to the shipment? I simply don't understand why this isn't codified somewhere - isn't that the most basic provision one would expect from a courier service, that they take extreme care not to damage goods? This thing was DESTROYED. They didn't chip it or scratch it or whatever, they DESTROYED it. I don't understand a legal system that allows them to walk away from that without having to pay for it.

Anyway - rant over - thanks for the advice - I won't bother with it - I'll leave it at the LBA stage.

[StoneLaughter]

Re: Parcel 2 Go dot com

Hey Stoney xx I won't stick my oar in other than to say HI xxx hope you and yours are doing good xxxx

Hey honey - good to see you again - drop me a message on The Book? Haven't seen you for ages - think you and yours (and PJ Duds too) got caught up in a silly meltdown I had a year or two ago.

[MissFM]

Re: Parcel 2 Go dot com

Hi StoneLaughter

I'm so sorry to say that IMVHO your typo (£20 v £120) has cooked your goose. They are not being unreasonable and have compensated you for £5 (25%) over the stated value (£20) of the goods.

It's very sad indeed - they (the flutes) sound absolutely lovely (I want one FWIW) - but you didn't state their true worth, it was your error and it really would seem best to draw a line now because otherwise you will be further out of pocket after further wasted time/effort. IMVHO.

[des8]

Re: Parcel 2 Go dot com

Sorry I misread UCTA as UTCCR *blush*

I said it had been a while.

What I don't get is why, having agreed to carry my goods, once I leave it in their care why don't they have a duty of care to the shipment? I simply don't understand why this isn't codified somewhere - isn't that the most basic provision one would expect from a courier service, that they take extreme care not to damage goods? This thing was DESTROYED. They didn't chip it or scratch it or whatever, they DESTROYED it. I don't understand a legal system that allows them to walk away from that without having to pay for it.

Anyway - rant over - thanks for the advice - I won't bother with it - I'll leave it at the LBA stage.

Thanks for letting us know your decision.

IMO the reason for the problem is one of costs.
To give the cheapest possible service they operate on a volume basis, with staff wages as low as possible. Hence parcels are just tossed around
If you want protection, you can purchase insurance, either per parcel or as an annual policy, either with the carriers or with an independent insurance company

[MissFM]

Re: Parcel 2 Go dot com

Sorry, have crossed with EVERYONE! :tinysmile_aha_t

[wales01man]

Re: Parcel 2 Go dot com

Just read about P"G on some other forums the replies on here to plights similar to the OPs are rather blunt this is one to put down to experience.
Just like Car insurance it pays to get the best Insurance cover not just a basic which is nowhere near the value of goods sent.
Agree with Des8 its CHEAP

[StoneLaughter]

Re: Parcel 2 Go dot com

Thanks for letting us know your decision.

IMO the reason for the problem is one of costs.
To give the cheapest possible service they operate on a volume basis, with staff wages as low as possible. Hence parcels are just tossed around
If you want protection, you can purchase insurance, either per parcel or as an annual policy, either with the carriers or with an independent insurance company

That was my central point though - their duty of care. If I walk into a shop and through their negligence they smash up some of my stuff, I have the absolute right to claim against them in Court and they'd have to pay, regardless whether they could claim that back off their insurance or not. The fact that they can, or cannot, recover those costs through insurance is completely irrelevant - the old "they break, they pay" scenario.

Why aren't goods despatchers held to the same basic standard? Why do their costs even enter into the discussion?

[StoneLaughter]

Re: Parcel 2 Go dot com

Hi StoneLaughter

They (the flutes) sound absolutely lovely (I want one FWIW)

Contact me via my site - let's see what we can do for you I'm sure if you google for my user name you can find me...

Thank you for the kind words

[wales01man]

Re: Parcel 2 Go dot com

They cover themselves well only by taking them to court and winning will you beat them .
I think most of us who have sent parcels by courier have had some lost or damaged one reason I no longer sell on ebay