Ebay sale of Canon 1DX camera £736 - DPD delivery to wrong address . PAPLOC. Claimform issued.

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• DPD delivered parcel to wrong address and deny liability for Loss.

  Copies of MCOL Claim and Defence as filed by DPD are available along with Court Filing number.

  Item sold via ebay ( Canon 1DX camera body) .

  Delivery option taken via Packlink with DPD.

  Parcel taken to DPD nominated collection shop. Receipt obtained from DPD’s agent which must ‘join’ DPD in respect of responsibility.

  Item due for delivery on 20^th January 2023.

  Purchaser/ recipient advised non delivery 20^th January 2023.

  Packlink provide picture of delivery but clearly wrong address.

  Purchaser refunded.

  Got no where with Packlink despite extensive emails.

  Decided to pursue DPD and wrote to DPD advising of intention to make a claim.

  Filed a claim with MYCOL on issue date 23/02/2023 for £736.00.

  DPD acknowledged claim via Court.

  DPD ( Suzie Wallwin) now reject claim on the basis that it should be made against Packlink as they claim no contract as between me and DPD.

  Copied from MCOL

  DPD UK ltd filed an acknowledgment of service on 10/03/2023 at 08:05:54

  A bar was put in place for DPD UK ltd on 20/03/2023

  DPD UK ltd filed a defence on 20/03/2023 at 16:05:23.

   

       

   

  Any advice guidance welcome.

   

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Private seller to private buyer.

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Thank you for your speedy attention. Attached should be pdf's of claim and defence.

I am not a Lawyer but do have some experience of dealing with negligence claims in the past and indeed contract law.

I read most of the relevant information on this forum  and hope I haven't gone too far astray with the claim form.  

I look forward to receiving any further advice advice.

defence.pdf claim1.pdf

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BankFodder, thank you for the response. I used 'negligence' because the simple act of not delivering to the correct address but elsewhere when DPD have originated the address label would in my understanding of the law, indicate a negligent act  by DPD or their agent for whom they would be responsible. I will update you as and when etc.

Do I need to redact the info as suggested by Whitelist. I am happy for it to stay unless there is a specific reason  not to.

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I will just leave the pdfs as they are. Again thanks for your guidance.

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I have been reviewing the various documents I hold and in particular the consignment delivery label.

The parties detailed on the label are , Sender (me) Recipient ( Buyer) and DPD .CO.UK. ( presumably as carrier)

In addition I appear to have been allocated and account number.

There is no mention of Packlink.

Is the postage label therefore evidence of an acknowledged relationship as between myself and DPD ie they are undertaking to deliver the package on my behalf and therefore owe me a duty of care?

Happy to forward pdf copy of label if it is on any interest.

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Apologies for a follow up question.

Is there anything I need to be doing before I receive the DQ? I would prefer to be as 'informed as possible' rather than having to play catch-up.

Many thanks

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Lets assume my state of knowledge is fairly minimal. But I do have some knowledge of the Law of Contract and Tort, and for 35 plus years I dealt with Negligence Insurance matters for a large surveyors and estate agents business. But on current court procedures my knowledge is very limited to the extend I am unclear exactly what types of questions/ responses are involved in the DQ procedure.

I suppose whether or not to look to mediation depends on the apparent  strength of the case there is against DPD. Whilst I have read as much background information as I can find on your excellent Forum the number of reported/recorded outcomes seems quite small.

I am quite prepared to pursue a claim in court if there is a reasonable degree of certainty that DPD are culpable legally.

Sorry that is quite long winded. DPD indicate the name of the company of the Claim form is incorrect, is that something I need to alter at this stage.

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Very many thanks for your extensive reply.

Irrespective of whether I accept mediation or pursue the matter in the County Court I will make a donation in due course. However can I repeat my question as to what type of queries are raised in the DQ process?

lastly for now... in your opinion is the information referred to previously regarding the delivery label reasonable/arguable  evidence of a contractual relationship as between myself and dpd.

My thought process overall goes along the lines of.

Ebay facilitate a service to arrange delivery of item sold via its market place.

Packlink have an arrangement with ebay to allow them to market the services of various carriers to ebay sellers no doubt for a commission or other reward.

Packlink act much in the way an Insurance broker does offering various alternatives ie acting as an introductory agent/broker . Ebay seller selects one of the offerings.

Ebay seller pays Packlink who is agent/broker for delivery company payment reflecting Carrier specific costs. However as with an Insurance Broker the insured contract is with the Insurance Company and not the broker even though the premium may be paid to the broker who may even issue a receipt for the cost..

For this purpose DPD can be regarded as the Insurance Company .

Line of thought may be totally defective! It might even be argued that in contract law the following were met, consideration ( cost via Packlink as agent), offer and acceptance (via ebay) form/intention  (receipt and package label issue in the name of DPD)..

 

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Thank you for the direction. And apologies for being a little slow!

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The DQ has arrived with a required return date of the 11th April.

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Apologies for the delay in coming back to you.

My intention is to agree to mediation. However if that is not successful then I will proceed to trial.

By successful I mean a settlement of the full claim.

Having read your most recent posts I will follow the line of thought that if dpd continue to indicate that Packlink are "the ones I should be claiming against" I will suggest that dpd join them to the action.

Is it sensible for me to send you my DQ form once completed before sending to the court etc?

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Thank you. I will post here additional information as and when mediation occurs etc.

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Four questions..... Where can I locate a list of alternative courts who could deal with this issue.

When returning the completed N180 in the box requiring a signature is it acceptable to simply type in my name or copy a facsimile signature.

Is it acceptable to return the completed form to Northampton CCBC (issuer of N180) electronically or must it go by post. If the former do you have an appropriate email address please.

Thank you

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Andy date for delivery of N180 is 11th April so no problem there.

BankFodder. I presume the court must be a County Court.

Northampton CCBC forwarded me the DQ by post...

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Reply to DQ lodged by me with Court and DPD within time frame ie before 11th April.

Nothing registered on MCOL and I have not had a copy of DPD reply.

Is either of these two situations unusual please.

Thank you..

 

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Any thoughts on my previous post?

I thought DPD had to send me a copy of their DQ response.

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Thank you and as a follow up about how long does it take for MCOL to acknowledge register/ receipt of the reply form?

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As of today I have had a note indicating the claim has been transferred to CC Birmingham (127)

DPD filed their DQ on or around 19th May but they have not provided me with a copy so I dont know if they have agreed to arbitration or not. the following wording is in the letter received. 

'On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions, Details of the judges directions will be sent to you in a notice of allocation'

Does this indicate DPD have elected not to go to arbitration.

Your further advice would be welcome

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Thank you

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DPD have now provided a copy of their DQ reply. They have stated they are not prepared to go to arbitration but are in agreement that the matter can be decided without the need for a hearing.

My understanding is that if matters proceed as above then the Court will make a decision based on the arguments put forward.

Am I correct that a favourable decision by the court would be beneficial to all those in a similar position to myself?

I presume in due course I will have to set out the reasoning for seeking to Claim against DPD in a standard format. Is that something you have notes on please.? 

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I agreed to mediation ( arbitration... my slip up!). So maybe they are hoping I will withdraw or they are sure of their case.

I have had nothing as yet from CC Birmingham, DPD asked for referral to Bristol CC but Northampton have sent it to Birmingham.

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I now received a notice from the court indicating that the matter will be heard before a Judge even though DPD seem to have agreed that a hearing wasn't needed.

I have attached pdf of the Court Notice.

Tomorrow ( Tuesday) I have a free day and intend to complete the information required by the Court.

So can you help on the following.

Where can I find an example of a completed bundle and or a blank proforma document?

Am I correct in thinking that items of evidence

ie Receipt from dpd on their receiving that parcel creating a Duty  Of Care.

Pictures showing correct delivery destination and actual location as provided by DPD delivery driver

Copies of email exchanges with intended recipient indication non arrival of parcel.

Should each be added as separate  Appendix Items each labelled/numbered for identification.

A summary page of all items indicating Items appearing on each page .

Is it sensible to follow the route of:

DPD having accepting the package from me at one of their designated collection points owned me a Duty Of Care and or in the alternative  are liable in negligence for non delivery under Third Party Rights Act.

All and any advice will be welcome.  

Many thanks 

 

N157.pdf

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Unfortunately over the last month or so, I had not kept up with developments in other cases and had not refreshed my memory prior to my last email.

Having checked my files I now find I had downloaded documents/pdfs from your website that cover most elements of my last enquiry.

However  can you advise whether the question of a Duty of Care is relevant as referenced previously, and in my claim I stated  " All Rights under
Contracts (Third Party Rights) Act 1999 are relied upon by claimant."  This element was not commented on by the Defendants in their response. Is it relevant?

I will catch up with developments in other similar cases this evening and tomorrow morning. But and I correct in believing that no case(s) have yet been reported where the Courts have found in favour of the Claimant based on Third Party Rights? 

 

 

 

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In a previous advice  you stated in quotes

" It is a question as to whether you were a discernible beneficiary of the contract .The fact that either you sent the item or you were, the recipient of the item makes it very clear that you were a discernible beneficiary of the contractual arrangement."

I've been re-reading the Third Party Contacts Act and for my own better understanding can you reference for me the Section and paragraph of the Act you refer to above please I suspect I will need to understand it if I am questioned on the assertion in due course. Thank you