Court action against Parcel2go - mediation failed ***Claim Succesful***

[NSRideon]

Hi All,

Quote

I sent a large parcel with parcel2go using EVRi - they have lost it. I followed advice on this platform. Issued letter of claim, started court proceedings, went to mediation they offered me less then half i have rejected. Now need to submit witness statement and email correspondence to court most likely will have hearing summer this year. I am more then happy to go all the way and have read all arguments why additional protection is non-enforceable. I have read in another thread that there a judgement against Parcel2go. If there is possibility to see it it would be great i could use it or part of it in my witness statement. They lost 550£ worth of goods and offered me 20£ originally and 200£ during mediation.

 

Thank you for your help in advance!

 

 

I sent a large parcel with parcel2go using EVRi - they have lost it.

 

I followed advice on this platform. Issued letter of claim, started court proceedings, went to mediation they offered me less then half i have rejected.

Now need to submit witness statement and email correspondence to court most likely will have hearing summer this year.

I am more then happy to go all the way and have read all arguments why additional protection is non-enforceable.

I have read in another thread that there a judgement against Parcel2go.

 

If there is possibility to see it it would be great i could use it or part of it in my witness statement.

 

They lost 550£ worth of goods and offered me 20£ originally and 200£ during mediation.

 

Thank you for your help in advance!

 

 

Edited March 29, 2022 by BankFodder
Restructured in order to make it readable

[mantis shrimp]

The purpose of witness statements is to put forward evidence, i. e. for you to say what happened, and how you prove your claim and the loss you claim. 

 

You should not include legal argument. That is for the hearing, when you present your case. 

 

NB did you sign an agreement to keep the details of the mediation confidential? 

Edited March 29, 2022 by mantis shrimp

[BankFodder]

Please will you begin by posting up your claim form in PDF format and also their defence in PDF format.

Then can you give some details to us please.

We like to know the identity of the item, was it properly declared, the value, was the value properly declared, did you get insurance – et cetera.

If you have been following the stories on this forum then you will know the questions.
 

Have you been given a hearing date yet? Do you know if it is an in-person hearing or if it is a virtual/teams hearing?

 

Also I've had to restructure your solid block of text.

[BankFodder]

Thank you.

Have you had a court date yet?

[dx100uk]

Please redact your uploads 

And don't use claim number as a filename.

 

I have hidden the post

 

 

[NSRideon]

Ok thank you i will redact and reupload if needed

 

9 hours ago, BankFodder said:

Thank you.

Have you had a court date yet?

I have submition of evidence and witness statement by 17 of May. Was not told court date yet

[BankFodder]

Yes. Please upload your redacted documents. It's important that other people can understand what is going on

 

I think it would be a good idea to let us know what documents you are proposing to submit by way of your court bundle .

 

Also, I would suggest very strongly that you wait to the last moment before submitting documents .

 

You need to carry out careful preparation

 

 

 

We also like to see the order setting out the submission date please

[NSRideon]

Claim Form.pdfDefendant Response.pdfCounty Court Order.pdf

 

Redacted and reuploaded.

 

I am planning to submit original purchase email, my booking with parcel to go and all correspondence with parcel2go to date. As well as confirmation from store that they have not received an item.

 

I will follow your advice and submit it just before the deadline.

 

thank you!

 

 

[BankFodder]

Thank you. That is all very clear.

I suggest that you start preparing some kind of court bundle and the advice we give at the court bundle link may be helpful to you.

However, I would suggest that you allow us to have a substantial input into the form that your court bundle takes because as I have indicated to you already, there have been some developments.
Your date for filing and serving the bundle is 17 May. Do you know if this has to be by post or by email?

If it is by post then I would suggest that your bundle is sent off by next day special delivery – signed for. It might be an idea to get it into the post on the Saturday morning – 14 May before noon and that will allow little margin for error.
You may as well send both bundles off – to the court and to the other side at the same time to save the double trip to the post office.

You have got a lot of time to prepare – but it is worth preparing properly. If you wouldn't mind giving us a shout here in the first week of May just to remind us that this has to be done – that will be helpful.

In the meantime, if you hear anything else from them then please let us know.

We had one case just recently where apparently parcel2go approached the claimant with a further reduced offer in return for withdrawing the claim. I see this as a sign of desperation by them.
Keep us updated

[NSRideon]

Thank you very clear.

 

Order says that i need to send bundle by post. Will prepare everything by 1st of may and send on 14th as advised. Will keep you posted if i hear anything from them.

 

Thank you very much for your help and support.

 

 

[BankFodder]

Thank you .

Don't forget that we will have some important contributions to make to your bundle, so we need to be involved in the first week or so of may .

Don't forget to remind us

 

 

[AndyOrch]

Topic open

[NSRideon]

Thank you!

 

Just wanted to inform everyone that i have succeeded in my claim and won in full including interests and expenses. Judge was very clear that Parcel2go can not limited their liability under costumer protection act via their terms and condition which are unfair and unenforceable. He went straight to the law and legal point on protection provisions and ruled in my favour. 

 

Parcel2go representative tried to argue that it was my choice not to take additional protection but judge dismissed it as irrelevant and that the law is very clear and their liability should not be limited. Furthermore he said that protection would likely to benefit myself and PArcel2Go and is unfair that i should have taken the cost of it. 

 

Representative also argued that amount of protection is relatively small in the context of goods value. I have counter argued that it is in addition to standard charge and cost becomes more than 10% of value for inland delivery. Judge agreed with me. 

 

Separate thank you to BankFodder who's was incredibly helpful through the process!!!

 

And than you to this Forum to guide us on our right and held businesses accountable for their poor service!

 

 

 

 

 

[BankFodder]

Brilliant. Thank you very much indeed for this update and I am certain that your experience will add to the experience of others and will help many people in the future .

 

There is no doubt that the entire courier industry, whether it is Parcel2go or EVRi or any of the others who try to use some kind of insurance scam in order to deprive people of their basic contractual rights is a complete con.

 

Of course they will keep on trying it and they will fool innocent customers into paying up and then when their parcels are lost, refusing to reimburse.

 

Please do let lots of people know and if you visit the EVRi Facebook groups, then maybe you could post up on their. There are thousands of people there who eventually just give up.

 

It's a nice little earner for the courier industry