Evri. - parcels not delivered because of aggrieved delivery driver

[Nillbypost]

I wonder what can be done with Evri drivers when they think they can just blacklist you?

 

I approach a local lady Evri driver and asked very politely, not to leave my parcels in the rain or at our front door which faces out onto the high street.

 

We have a 'Safe space' market on every site and page and the Post office always and I mean always, put them there..so why not Evri drivers. 

 

Since I asked her not to leave things at the door, even hanging one item off the handle and I could see it from yards away when I got home..

 

So, I'm getting tracking which tells me things are at a depot, or have been sent back to a seller who then tells me to stop doing it..but it's not even got to me.

 

Now, there ate over hundred a of pounds worth of stuff laying in a depot near me, but I don't know where it is.

 

does anyone have any real addresses of 'depots?'

[BankFodder]

If you have items which are not been delivered to you for any reason then the best thing to do is make a complaint and then to sue EVRi in short order. The timescale from now should be about three weeks or so to the issue the papers.
Don't expect a rapid result after that but at least you will move things on.

I would suggest that you begin by compiling a detailed list of all the things which you have not received.
Read up the stories on this sub- forum to understand the way it all goes and make sure that you have understood the various principles involved – follow the link – EVRi

[Nillbypost]

I have done this and they are giving me the merry go round for the past four weeks..

[BankFodder]

Please list out here the items that you are dealing with including values and that means their declared value.

What steps have you actually taken to inform them and what have they said in response?

[Nillbypost]

That is something I shall not be doing here..I have all the tracking numbers..sellers details and amounts which I will be using..

I have sent a complaint under 'Driver Misconduct' and I keep updating the email reply with the tracking numbers and the fact that they are at a depot.

[BankFodder]

I'm not sure why you won't put up the information. We don't need tracking numbers – but I'm afraid that if you don't give us the details that we need then we won't be able to take you through all the steps.

This is not a Facebook group. This is a forum which specialises in serious legal advice. It's free of charge. If you wanted to pay £300 per hour then you would still have to disclose the information to your lawyer and I can guarantee that they wouldn't resolve the situation as quickly as you will be able to if we help you.

I'm afraid that sending complaints under driver misconduct is unlikely to produce any kind of result.

The basis of your complaint should be that it is a breach of contract based on the fact that they are not delivering for whatever reason. If you have enough missing parcels and you get judgement in respect of those, then that is the one thing that might be likely to put the right kind of pressure on the delivery driver and on their system.

I'm afraid that you have to be assertive and that means coming out of the EVRi systems and getting involved in a system where EVRi have to toe the line instead of dictating the timescale and the pattern of events.

[Nillbypost]

Dad's, clothing, counselling books, jewlery, records all the things that can be sold on an auction site that they have seemed to have been attached to. Also items sent that I don't know what they are as they are promotional materials for film work, Counselling and various other jobs.

I know that items were sent back to sellers from a depot claiming that I had sent it back, but they had not got to my door at all..I am seeing it as theft which I thought was a crime in this day and age. Holding items at a base without knowledge of a seller or buyer is theft..

[BankFodder]

Thank you.

I can see that this is going to get complicated. It seems to me that the undelivered items fall into two categories – personal items of uncertain value – although you may well have declared value.
And items which you have purchased and which according to you have now been returned to the seller's ostensibly because you had sent the items back – although you say that that is not the case.

If these categories are right, then I think it will be useful to deal with each category separately. The items which have been returned to the seller's, did you purchase this item is in have you been reimbursed?
How many sellers are we talking about – how many items? What would be the value of the items in total and what would typically be the value of one of the items?

In terms of the personal items, with these all sent by a single sender? How was the value ascertained and what was the declared value to the courier and how were the goods described?

[BankFodder]

And just to add, I'm afraid that what you are describing does not meet the definition of theft, in my view.
Theft which is defined by section 1 Theft Act 1968 requires at very least dishonest intention and also an intention to personally deprive.

What you are describing might amount to a trespass or a conversion and that would be contrary to the Torts (Interference with Goods) Act 1977. A civil matter – nothing to do with crime although there could be some compensation available depending on the circumstances

[Nillbypost]

Items that were returned from 'the depot' were £20 each and I am still trying to get one of the sellers to just refund as they have, three times now, sent again via Evri and of course it does not arrive.

Items range from £20 to £35 And more. Even two DVD's which are hard to find were £55 each.

If this were the post office it would still be a crime for miss direction or theft of mail..it is still illegal to stop interfere with post..so you are saying Evri can just bypass this?

 

[BankFodder]

I don't think you can compare EVRi with Royal mail – but in any event, what you are describing is not theft even by Royal mail.
I would suggest that you start to focus on a more structured approach because it is clearly causing you a lot of angst which is taking up energy and not getting you anywhere.

If we simply focus on the purchased items. How many are there? How many sellers? What evidence do you have that somebody says that it was you who sent them back?

I understand that you have been refunded on all items except for one – is this correct?
It would make life easier if you didn't obtain refunds because it is much easier to bring a claim for breach of contract where you can demonstrate some loss. We have been refunded, there is no loss and am afraid that you wouldn't be able to claim simply because the whole thing has been a nuisance.

[Nillbypost]

No, I have not been refunded on 'all items' just one item that was returned to a seller. I have the evidence that things were sent back or at a depot because tracking information tells me this and also states that items were sent back from depot..because I didn't receive them at my door..

15 items so far that I know of have not been delivered to our address.

[BankFodder]

Okay I think that we now have to go back to an earlier request.

Please will you list out all the items which have not been delivered to you, which have not been returned to the sender and in respect of which you are out of pocket.
We need to know the identity of the items and the declared value.

In a bullet pointed list format please

[Nillbypost]

.Two Blu Ray DVD's £55

. 3 Counselling books £72

. Braclet £8

. metal plaque £15

.Two vinyl albums £85

.rare vinyl album £125

.Waistcoat £20

. Shoes £35

 

Now, strangely enough I have just got off the phone with an Evri employee who has called about my complaints into the drivers conduct.

They are going to send me an email with everything that is missing and all the numbers and also have the details of the employee.

Seems they are doing something due to my complaints back up and one of my employers being a large film company..who say they will get involved.

Watch this space

Thank you for your time

[BankFodder]

I'm very surprised and I'm very pleased to be proved wrong.

Please keep us updated on this. If you don't make any headway then we can pick up where you left off.

 

[Nillbypost]

Thank you.

I rose all my doubts and complaints about not having depot address and consumer rights mentioning that I was in touch here also.

They seemed to listen and I believe are not too happy with the delivery drivers conduct and have had other complaints also. And they will track and hopefully return or deliver the items I am missing also.

And I have saved their phone number...an actual number that may work when you call.

Thank you

[The GodMother]

Just a thought but would the sellers not use a different delivery company. 

Instead of just refunding the items