Royal Mail 'lost' our package - sue?

[taras.di]

Hi everyone

 

Recently had a very bad experience with Royal Mail, and was wondering whether we could sue them (I've read that you can pretty much just forget about the complaints process). Facts are as follows:

 

* Delivered a 20 kilogram box from China containing our stuff (lots of stuff, thus quite annoyed it's been lost), using China Post (to date have successfully delivered 3 20 kg boxes to Autralia)

* Received a 'you were not home' notice in our post, informing us to pick up the box from the Willesden Junction post office

* On Christmas eve, went to Willesden Junction to collect box. Got told at Willesden Junction that the package wasn't there, that the postman had erroneously left a notice and would try to redeliver soon

* Waited for said redelivery.. didn't receive package or notice of attempted delivery

* Rang up PO multiple times to see what was happening, all with conflicting answers

* Latest word from the PO is that our package is now officially 'lost'

 

From what I've read, we wouldn't have a strong case.. the only things going for us is that the notice of attempted delivery, combined with custom records, would prove that the package was in their ownership at some point in time.

 

What do people think? Does anyone recommend any lawyers (I've noticed that there's a whole bunch for immigration issues, seeing the amount of post that gets lost,I'd be surprised if there weren't any smallish firms dealing with lost post)?

 

Cheers

 

Taras

[Bookworm]

Unfortunately, the contract is between RM and whoever sent you the stuff, so unless you were the sender (from old address to new address, if you see what I mean), there is nothing you can do except get your money back/goods redelivered at no cost to you from the sender, and it is then up to them to sort out a claim with RM/China Post/whoever.

[taras.di]

Thanks bookworm,

 

I suppose in a way we were the sender, except another person actually took the package down to the post office (sender by proxy?). If we were the sender, would we be able to take any action?

 

Taras

[BankFodder]

Yes you can.

Contracts (Rights of Third Parties) Act 1999 (c. 31)

 

Gather all of your evidence, get a reasonable valuation of the items lost. This is their replacement value and if it means that the valuation includes the cost of obtaining replacements from China, then so be it.

 

Send your valuation to the post office and give them 14 days to stump up the cash or you will sue.

Make it clear that you will be relying on the 1999 Act - just in case they don't know about it.

 

The post lffice are not used to being sued. We have a couple of instances recently when they were taken to court over very small amounts and yet they went all the way to court with solicitors, the lot.

They are like dinosaurs and will put up a defence without any regards to costs. So don't bother to bluff. Do it or forget it.

Best, do it.

[davethorp]

Don't the royal mail enjoy an ever so comfortable immunity to civil claims?

[MrShed]

Absolutely dave. Any attempt to sue the Post Office would be fruitless, they have statutory immunity to civil claims.

[mcjohnson]

20kg box is highly unlikely to be Royal mail, but much rather parcelforce - do they enjoy the same immunity?

[MrShed]

As far as I am aware, yes - Parcelforce are part of the RM.

[taras.di]

RM are immune to civil claims!?! So that pretty much allows them to be as negligent as they wish without being held accountable? Unbelievable

 

Thanks guys for your comments... if anyone else has any extra info it would be much appreciated

[buzby]

The sender has a claim, but only if they paid an additional amount for compensation. Not only are RM immune from negligence, I took them to court (and lost) because a staff member stole items within the envelope and put it back in the post. They are not liable either from any criminal action by their staff. With no insurance at the point of despatch, you'll be stuffed.

[legalpickle]

There is a claims process for RM & Parcelforce. If you call them they should be able to direct you to the form to fill in. But they deal with the claim in house, it doesn't go to court.

[buzby]

Afraid this would be pointless, the SENDER would need to take up the matter with the Chinese Post Office. RM will not entertain any claim by the recipient.

[legalpickle]

Afraid this would be pointless, the SENDER would need to take up the matter with the Chinese Post Office. RM will not entertain any claim by the recipient.

Not so sure. RM would still have a duty to investigate on their end. And I do know that when something is lost by RM in the UK, even the sender can claim the compensation under RM's claim procedures. I know, it's happened with me.

 

I may be wrong where it's been sent from overseas, but I know I'm right in the UK.

[buzby]

That's the point, it is because it is a foreign parcel they won't deal with the recipient in any claim

[legalpickle]

That's the point, it is because it is a foreign parcel they won't deal with the recipient in any claim

Are you 100% sure? I would think they have the duty to examine what happened on their end and therefore would deal with the recipient.

[MrShed]

But LP, the client/customer is not the recipient but the sender....so therefore no duty to investigate anything instigated by recipient...I wouldnt have thought?

[legalpickle]

But LP, the client/customer is not the recipient but the sender....so therefore no duty to investigate anything instigated by recipient...I wouldnt have thought?

Contractually correct. However I do know that RM do investigate on behalf of a recipient when sent and received within the UK.

 

In addition RM comes under different rules from everybody else, and has immunity, so has different procedures to others.

 

RM has a duty to investigate. Whether or not they investigate when contacted by the recipient where the parcel was sent from overseas, I'm not sure though I would have thought yes.

[barracad]

If the recipient contacts RM they will refer them to the Chinese Postal Authority. They will only investigate if the Chinese Authority contacts them.

[legalpickle]

If the recipient contacts RM they will refer them to the Chinese Postal Authority. They will only investigate if the Chinese Authority contacts them.

Are you 100% sure of this from experience?

 

I've had people tell me RM won't investigate if the recipient of something sent in the UK contacts them, and RM have done so. Indeed some of their forms specifically ask if the person filling the form in is the sender or recipient.

[barracad]

Yes 100% sure. In fact, Postal Administrations for all countries operate in the same way, due to procedures agreed with the Universal Postal Union. There may be details of this somewhere on www.upu.int but the website is fairly poorly laid out and the search function is useless.

[buzby]

Logically, it would cause mayhem (and a profound waste of manpower) if the sender and recipient both make claims. The sender can prove posting, and there is an element of traceability as the originating carrier will know the routing. On the recipient side - nothing - especially as the receiving carrier can have no knowledge of the routing used. (Inland post excepted), so it may appear an easier option in this instance in view of the delivery card, but this wouldn't have confirmed the sender - so it could have been a completely different parcel (making 2 lost!)