Parcel Monkey/DHL/evri lost 2 lots of lost pc gear £1150 - refusing to compensate

[DisgruntledParcelMonkey]

I have had two laptops lost in the last couple of weeks.

 

The first, a laptop and two monitors total value around £450, was lost by DHL when returning it from Canada and was booked through intermediary agent ParcelMonkey.fr. 

 

They sent a proof of delivery which was clearly at the wrong address.

 

I immediately contacted DHL and spent the next 4 weeks chasing their tracing department who after 4 weeks eventually admitted that they were unable to recover the parcel from the incorrect address, and that I should go back to ParcelMonkey.fr to arrange compensation.

 

PMFR immediately told me that there was a clause in their T&Cs saying that I should have contacted THEM and not DHL when chasing for the parcel. Because I hadnt made them aware of the missing delivery within 14 days of the delivery date, I was unable to make any claims and they immediately closed the case.

 

This was frustrating, but I put it down to a very unfortunate loss and my own mistake for not contact them first. 

 

However, yesterday I discovered that EVRI have "lost" a parcel, a laptop valued at £700, that I had booked through ParcelMonkey.co.uk. It was scanned into the local delivery depot on 11th December - and that was the last anybody saw of it.

 

I contacted ParcelMonkey.co.uk this time, and they chased EVRI. EVRI confirmed to PM that they had lost the parcel.

 

PM then refused to offer any compensation because the Laptop was on their prohibited items list.

 

Yes I am aware of this list, and to a certain extent was willing to accept responsibility should there be any damage due to the screens being of a fragile nature, but simply "losing" (or very likely somebody with sticky fingers walking off with it) is unacceptable no matter what the content of the parcel was!

 

I have searched for help on this, and i'll be honest - the content is overwhelming! It seems there are so many similar cases, but im having difficulty processing all the different responses, and wondered if somebody might spare me 5 minutes to take a little look at my scenario and give me some pointers?

 

 

Hello,
After further assessment of this claim, we regret to inform you that your claim was not successful for compensation.
Consignment  is not eligible for compensation under the terms and conditions you agreed to when booking. The item in question is listed on our prohibited items list under “Laptop (carried on a no-compensation basis)”. You can take another look at the list in full using the following link: http://www.parcelmonkey.co.uk/prohibited-items

 

You Thursday 22nd December 2022 @ 11:27

As the courier (EVRI) have openly admitted losing the parcel, and the loss of the parcel could not have been contributed to in any way due to the fragile nature of the laptop screen, then refusal of compensation on that basis is seen as acting unfairly. This in turn renders that term unenforceable.

The courier company is only entitled to rely on items in the prohibited/exclusion list if a characteristic of that item had increased the risk of loss or damage. Losing the parcel would not have been affected by any characteristic of the content and therefore renders the exclusion list irrelevant.

Please feel free to review the following page at the consumber action group, but you will see that we are in fact entitled to claim compensation for this parcel.

https://www.consumeractiongroup.co.uk/topic/451871-the-courier-industry-and-your-lost-or-damaged-property-–-some-general-principles/

 

Hello,
We are truly sorry for any inconvenience.
At the time of booking, you are presented with a set of terms and conditions, one of which advises you to agree to the fact that your item complies with our restricted list. This document is to be checked before confirming your order. As we cannot physically stop you from still sending the item, this is then down to your own risk. This restricted list advises that if you still send your item, then no compensation will be paid out in the event of loss or damage.
We will refund the full cost of the postage.
Once again, on behalf of all parties concerned I offer my sincere apologies for all troubles caused.
Kind regards,
Jag

 

They have offered to refund the cost of postage now, but if I accept it, am I then accepting that I will no longer be able to pursue them for compensation? Or should I accept this refund and then pursue EVRI separately?

 

And with regards to the laptop that DHL lost, should I be still pushing PMFR, or because they are no domiciled in UK I should just concentrate on DHL? How would I go about claiming from DHL when they have said I should go to the agent - even though I have in writing the entire conversation with them admitting that they had delivered to the wrong address and that they were unable to recover the parcel?

 

I would be very grateful for any pointers or advice.

 

Merry Christmas and a Happy New Year!!!

 

 

[BankFodder]

You are posted a long story and it will take some time to digest it .

 

 

One thing I do notice is that you seem to be acquiescing to the 14 day provision and also later on you seem to be acquiescing to the fact that a laptop was on a prohibited items list .

 

Ignore both of these. They are completely irrelevant .

 

Start reading around this sub forum. It will take probably a couple of days to really understand a lot of the stories .

Follow the link- EVRi- to understand the principles which will apply to your claim .

 

Come back here in a couple of days when you feel that you understand it all and you know broadly what the next step will be and we will help you onwards .

You can be pretty certain that you will get your full reimbursement, although I'm bit concerned about the first contract which may not have been made within UK jurisdiction .

 

Go do some reading and I will have a scan through your post to understand it better .

 

Be responsive to any questions that I ask you

 

 

 

 

 

 

 

 

 

[DisgruntledParcelMonkey]

I really appreciate you taking the time to reply thank you. I am doing this from my work computer and will be out of the office now until 3rd Jan. 

So apologies in advance if you do respond before then and I seem to be very slow responding. 

 

I have already looked through and there is so much information to digest, and the asssitance this site provides is incredibly useful!

I will of course need to spend some time reading up on exactly what I need to do, but I believe it will go something like:

 

Accept the refund of shipping from PM - stating that I am accepting the refund of the shipping costs only and that I am not accepting that their liability has been resolved for the loss of the parcel.

 

I don't see that I will make much progress with PM.FR regarding the compensation either, but I may be able to chase them for a refund of the shipping charges. 

 

Going forward I will need to pursue both DHL and EVRI directly for compensation, if necessary sueing them in SCC.

 

Submit a formal letter of complain to both DHL and EVRI

Wait 2 weeks (assume no positive response)

Submit a formal letter of claim

Wait 2 weeks (assume no positive response)

Proceed to Claim (I need to do a LOT of reading on this bit)

 

I will need to spend a number of hours reading up on this, perparing documentation and liaising with their respective departments as well as the courts. This is time I would otherwise be spending productively in my day job, and is in turn costing my business money. Can this be included in any claim costs?

 

Anyway, again I really appreciate your time and assistance, and I look forward to any responses.

 

Merry Christmas and a Happy New Year!