Lost Parcel : Whom to send court order : P2G or Evri. **settled P2G offered me £75.00 _+ postage**

[Mountaneer]

Hello friends,

 

Please help me with this.

 

I had sent a parcel booked through P2G and serviced by Evri. The value of the item was £160.00 and this parcel was lost. I had never thought that such a large parcel could ever be lost and so never bought additional insurance beyond that minimum of £20.00. I had declared the value of the item as £160.00 at the time of booking.

 

Evri called me subsequently and advised that I could book a full refund of £160.00 and raise the claim through P2G. P2G is not taking up my claim and so I am stuck now.

 

Please can you advise, what are my options?

 

Thanks.

[dx100uk]

100's of pargel2go and evri threads here to read.

 

they both equally cough up at or before court hearing date for the full value most times

 

but you need to send a letter of claim 1st.

 

you could send that to both and decide latter.

 

 

[Mountaneer]

Many Thanks for the response. I did read a few threads of P2G/Evri but did not find one that answers my questions so desperately posted one.

 

I sent an email about this already about a month back and it was acknowledged by them. No other response as such.

 

Can the counterparty be just the Evri?

I ask that since Evri could say that I never had any contract with them.

 

Can a claim be raised against two parties combined?

 

What is the confirmed address for Evri where I could send the court claim?

 

I am not sure the postal address on Evri's website will be appropriate.

[dx100uk]

you need to get upto speed and everything will be answered

 

take some time

 

go read about 10-20 evri threads here 

use our search top right in the red banner.

 

comeback with any outstanding questions then.

but everything you have asked has been answered 100's of time here.

 

dx

 

[Mountaneer]

Hello DX, I read a few threads and it says that I can take either one of them to court and also it is not necessary for me to have bought insurance.

 

So far it is clear, what I want to seek advice on is which one would be better to send court notice to, Evri or P2G. Which one will be easier to argue against? Can I send to both of them jointly?

 

Edited December 5, 2022 by Mountaneer

[Ethel Street]

17 hours ago, Mountaneer said:

What is the confirmed address for Evri where I could send the court claim?

 

I am not sure the postal address on Evri's website will be appropriate.

 

Evri is a trading name of H e r m e s Parcelnet Ltd so if you take legal action it would be against "H e r m e s Parcelnet Ltd trading as Evri". The Registered Office is confirmed by Companies House to be what Evri states on its website:

 

"Evri is a trading name of H e r m e s Parcelnet Limited, Registered office: Capitol House, 1 Capitol Close, Morley, Leeds, LS27 0WH"

 

EDIT I've had to put spacing between the letters of H e r m e s or forum automatically converts it to Evri. Correct spelling of the name is without the spaces of course.

[dx100uk]

You can send a letter of claim to each and then choose who you take to court later, there are several threads doing that 

 

The correct address for either will be on the court claim pdf files in all the claimform threads already here 

 

Dx

[Mountaneer]

Many thanks for the advice. This case, I think will become a second success story for me benefitting from this site.

[Mountaneer]

This is from Parcel2go and their response to my Letter Before Action:

 

Good Afternoon Nishant,

 

WITHOUT PREJUDICE

 

I am contacting you today regarding the Letter Before Action.

 

Firstly, please allow me to offer you our most sincere apologies for the service you have received on this occasion.

 

When booking this order, you were asked to enter the contents and value, you stated, and I quote:

Décor 160.00

 

When choosing a service, you are given 2 options for the service booked. One without Parcel Protection, and one with £20 included in the service for a small fee. You took this Parcel Protection included the service.

 

I must inform you that the parcel protection which is offered is not insurance, as this is not underwritten by a company and is something provided by ourselves.

 

Although you do not feel you want to take the protection out, our business model is one used by many courier companies, and the parcel protection offered to you make it possible for the business to remain competitive and commercially viable. We are not the only courier service that offers this in the UK and we follow the process of many couriers.

 

Upon entering the value, a pop-up box was received which reads as follows:

 

Your parcel value is higher than the £20.00 included Parcel Protection. Don't get caught without enough protection should the unexpected happen.

 

Yes, I would like to protect my £160.00 parcel against loss or damage for £7.99 exc VAT.

 

No, I'm willing to risk my £160.00 parcel. I'm not worried about potential loss or damage.

 

You selected 'No' this does mean that the goods in question were sent on a zero-protection basis against loss or damage. You continued throughout the booking process, where an additional pop-up message was received, which again prompts you to protect your goods fully, you declined this option also.

 

Should you not agree with the added Parcel Protection, you are welcome to cancel the booking at any point before handing this to the driver and we would refund the carriage.

 

Prior to paying you are also required to read and accept our Terms and Conditions:

 

Terms

"Extent of our Liability

6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7.

The Limitation on the Amount of our Liability

6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us."

 

As such, we have made an offer of £50. Unfortunately, this would be the maximum we would offer as a goodwill gesture without prejudice.

 

In regards to the Consumer Rights Act, we understand we are liable due to the issues with the delivery, however, the amount we are liable to is what is in question here. We should only be liable for £20 due to the amount which you have chosen to cover the contents as, however, we are offering more to attempt to close the matter off.

 

Further claims which should be added would not be settled for any thing further than the protection taken out and we shall refer to the Terms and conditions as provided in this email thread.

 

Again, we do apologise for all the inconvenience caused on this matter.

 

Thank you, Nishant, and we look forward to hearing from you.

 

 

 

 

[dx100uk]

the consumer has to pay an extra extra fee, so that if the courier company lose it, or steal the contents, only THEN would they reimburse the consumer in full... 

 

dx

 

 

[Mountaneer]

I am not able to understand your response. From what I gather is that you are disapproving their response.

[dx100uk]

why should a customer have to pay an EXTRA fee , so that IF a parcel becomes lost/damaged/stolen, they would get the full value of their parcel contents back?

 

so if a customer does not pay this fee, and a big yellow INSURANCE PAID sticker is not on their parcel and its fair game for a courier to steal/destroy/lose?   there is not a big yellow sticker - its a myth.

[Mountaneer]

If they say that I have agreed to be covered only for £20.00: Does it mean that I have agreed to let go the duty of care they owe towards me?

 

Also if Evri had confirmed over the phone they had covered my parcel to the full amount of £160.00 but only if the claim is routed through P2G. How can I take advantage of this fact to my advantage.

Edited December 6, 2022 by Mountaneer

[Mountaneer]

Hello BankFodder,

 

I have been trying to read threads on this topic and I am a little confused.

 

In case of items booked through P2G for Evri, who is the third part in the "Third party Rights" mentioned above and which right is it that will be of advantage to the customer.

 

I will be really Thankful if you can Please explain this point in plain language.

[dx100uk]

hit evri and read what comes up,

 

dx

 

On 05/12/2022 at 15:31, BankFodder said:

Also you should follow this link – EVRi – so that you understand all the principles and in particular the effect of the contracts (rights of third parties) act which is what you will be relying upon. I see that that is the only basis for their defence.

 

[BankFodder]

In addition to doing the reading indicated above, because you arranged your deliveries using a parcel broker P2G, they in turn contracted with EVRi.

Therefore your direct contract is with P2G and if you prefer to sue EVRi then you would be seeing them based on your third party rights

[Mountaneer]

Thanks BankFodder forthe clarification above. The LBA sent to P2G is below. Please advise if this is good enough.

 

Hello P2G Legal Team,

 

REMOVED BY BANKFODDER

 

[honeybee13]

So you've already sent that?

 

HB

[Mountaneer]

Hello HoneyBee.

 

Thanks for picking this.

Yes, I have sent this already but I can always send a follow-up if required.

 

Thanks

[BankFodder]

I'm afraid that it's not just a question of a follow-up.

 

Your letter of claim is completely inappropriate I'm afraid .

 

Apart from anything else, you won't be able to claim anything for lost time or inconvenience .

 

I'm afraid the letter of claim makes it clear that you don't really know what you're doing and that is not helpful to your credibility .

 

You asked us to let you know if it was good enough and then without waiting for a response you sent it .

 

If you come here for help, then I suggest that you allow us to help you rather than go it alone .

 

I suggest that you now draft a letter of claim and post it here so that we can comment and when it's ready then certainly you should send it off.

 

 

 

 

 

 

[Mountaneer]

Okay. Sure thing, I will draft it again and send over for review. Thanks for the encouragement,

[Mountaneer]

Hello All, Just FYI, P2G offered me £75.00 _+ postage. I did not go the court as I thought it was not worth the time for claiming the remaining £90.00.

 

Anyway, the advice here was quite instrumental in getting P2G to increase their offer from £50.00 to £75.00.