RM lost package disptues

[jk2054]

Ok I believe this should make things slightly clearer - disregard the above table)

 

Parcel one - Sent 24th April 2023,  Contained a Nike Dunk low, sold for 149.99 GBP. Used tracked 48 which offers max insurance of 150 GBP. Escalations + Postal review + Postal redress all declined the claim

Parcel two - Sent 18th April 2023, Contained a nike dunk low, sold for 174.99 GBP. Use tracked 48 which offers max insurance of 150 GBP. Escalations + Postal review declined the claim, awaiting a POSTRS adjudication currently.

Parcel three - Sent 11th April 2023, Contained a supreme nike dunk which I purchased for 599 GBP. I provided seller a RM Special delivery label. Seller shipped at PO and got a receipt with weight of 950g it arrived to me weighing 200g. Interestingly it had no movement at all on the 12th april 2023 despite it supposed to be being delivered on this day. Can't dispute with seller because defence was that the item was in parcel when shipped (evidenced by the PO receipt). Max insurance is 750 GBP. Escalations + Postal review declined the claim, awaiting a POSTRS adjudication currently.

Parcel four -  Sent 14th april 2023, contained a nike dunk low, sold for 189.99. Use tracked 48 which offers max insurance of 150 GBP. Postal review upheld and sent cheque for 150 but wont send cheque for the remainder. Escalations declined. Postal review upheld, awaiting a POSTRS adjudication about whether I can claim the remainder given they admitted their loss

Parcel five - Sent 15 May 2023, contained a yeezy 350v2 sold for 745.00. Used special delivery, max insurance 750.00 GBP. The POD used by Royal Mail is a photo of the recipients house, the signature is the "XP1" Royal Mail covid signature (the recipient didnt sign because RM never knocked) The name collected by RM also doesn't match that of the recipient. RM have said on a phone call (which I obtained from a SAR) that they are liable to reimburse, but it got transferred to a different agent who now refuses to compensate. Escalations initially upheld, then changed to decline, Postal review panel declined, awaiting a POSTRS adjudication currently.

 

Hopefully this helps more

For reference the recipient of the 5th is my friend, so I know that its RM who took it  not the recipient. (I think because on the box I declared what it was, so the postal worker/DO just stole it).

 

I've read over the postal services act, but that doesn't apply. Similarly it doesn't come under "the scheme" because its not listed on that document as it is tracked 48. Interestingly for parcel one postal redress said RM can exclude their liability under "the scheme" even tho tracked 48 isnt covered under it. Adjudicator didn't want to tell me why that was so part of me thinks they simply just use a copy paste decision.

 

In regards to contracts, it's an interesting one. Royal mails terms and conditions webpage classes them as "Non Contract" services. However I don't see that mentioned anywhere prior to purchase. They also say that anything communicated to my prior to purchase also applies, so could I argue that they ask me where the package is going, I've given an address and they haven't delivered to that address?.

 

Specific terms of interest is 11.3 - Subject to clause 11.9 our liability to you will be limited to the lower of: 11.3.1 the market value of the Item (not including the market value of any message or information it carries) at the time the Item was damaged or lost; and 11.3.2 one hundred and fifty pounds (£150). Can I use the same claim for this as EVRi that they can't exclude their liability based on their own terms and conditions?

Also they have "we accept unlimited liability for personal injury or death caused by something we have done or failed to do (including negligence) or for any losses which are caused by our fraud or fraudulent misrepresentation.". Can I argue that the loss especially of parcel 5 is caused by fraud because they've taken a photo of the door and then stolen the parcel?

 

Also term 16.3 is "This Agreement is governed by the Laws of England." Therefore, since it's not covered under the postal service act, nor the United Kingdom Post scheme, can I not claim under consumer rights act?

 

I've read a lot of the threads on this forum in regards to Royal Mail, but all relate to services covered under the United Kingdom Post scheme, but mine is not. I am thinking since mine is not covered by this scheme, is the consumer rights act 2015 not applicable?

 

[BankFodder]

There are a lot of different claims here – and it gets complicated just trying to keep in mind the facts of each one separately from the others.

Also, unhelpfully you haven't told us whether you are the sender or the addressee in each case.

Post office claims are a bit complicated – I don't really understand what the legislation is but as I have already indicated, I haven't seen anything which excludes their liability in respect of contracts. I'm not sure why everybody says that there is a noncontractual arrangement. This would have to be supported by some law and no one has ever shown me what that law is.

I think that the most comfortable thing to do and which poses the least risk for you in the event of losing your claim would be to separate them and to start off with one claim – the lowest value it seems to be parcel number one.


If you're happy with that approach then in order to avoid the clutter and complication of a multiple issue thread, I suggest that you start a new thread and deal simply with that one and we will go through as a Pathfinder so that we can understand how it works, what their defence amounts to et cetera.
However the story behind parcel four is interesting and we might explore that one as well. Please start a new thread for that.

Please not be a bit more careful about preserving evidence