hadZ Posted May 16, 2016 Share Posted May 16, 2016 No longer a 350z owner, but ever since I sold my car, I still lurk around as I enjoy reading posts on the forum. I still miss my 350, hopefully one day I will be in another . Reason for my post is because I lurk around I know how much knowledge is on this forum and some really helpful and amazing advise on here. I will try to keep a relatively long story short - I recently left my new macbook on the train which after a quick call to train company lost property department it was found. The lady said it would cost £26 to get it delivered next day, which I agreed to. It was due to be delivered on a Friday, however I wasn't in to take the parcel. I got home that evening to find a missed you card stating that my parcel was "over side gate". Side gate is quite high, over 6ft. I immediately had a feeling it would have been damaged and guess what..... it was. Immediately called DPD (who delivered the parcel) who said I couldn't make the claim only the customer could, who sent the parcel. 2 weeks later, they have come back to the sender to say that they will only offer £24 as they only offer £12 per kg as standard and the macbook weighs 2 kg. My question is - How do I go about making a claim against DPD for negligence and breach of contract as: 1) no signature was taken 2) flinging a parcel over my side gate is not a safe place Thanks all in advance! Quote Link to comment Share on other sites More sharing options...
GMballistic Posted May 16, 2016 Share Posted May 16, 2016 Wow that sucks. I can't help I'm afraid but hopefully this free bump may bring it to someones attention who can offer advice. Quote Link to comment Share on other sites More sharing options...
veilside z Posted May 16, 2016 Share Posted May 16, 2016 Disgusting , did this item require a signature to be left? Quote Link to comment Share on other sites More sharing options...
Ekona Posted May 16, 2016 Share Posted May 16, 2016 You don't. As DPD said, their contract is with the train company, they do not owe you a duty of care. You cannot claim against them. Really, one of two things went wrong here: 1. The train company didn't inform DPD that the contents were high-value, and needed extra insurance. 2. You didn't make it clear enough to the train company of the value of the item, and didn't check the postage covered the item for the value rather than the weight. What can you do? Practically, not a lot. You can have a go at the train company for not telling you that you needed extra cover and had to pay more, or that they should've realised and informed you, but ultimately unless you can prove you told them how valuable it was then you're out of luck. There's also no proof it was working before you got it, and as it's your own item they've sent you there's no recourse there. I'd write a strongly worded letter asking them how they intend to rectify the situation, but ultimately they don't have to do anything I'm afraid. Quote Link to comment Share on other sites More sharing options...
jowen7448 Posted May 16, 2016 Share Posted May 16, 2016 Whilst it doesn't help I have become increasingly peeved by the tendency of couriers to leave items in bizarre locations. I am sick of them putting parcels in my bins or, like you, over the gate or just leaving them on the step by the door, in plain view whilst also making it clear to every man and his dog that I'm not home. How can they be sure they won't be damaging my goods or risking them being stolen. Some of these items require a signature but apparently this seems not to matter. Quote Link to comment Share on other sites More sharing options...
hadZ Posted May 16, 2016 Author Share Posted May 16, 2016 Thanks all for the replies! It seems like some courier drivers get away with murder nowadays. A relative had a massive chandelier stolen from her front door recently as the courier left it there stating it was a safe place!! I believe a signature was required and they need permission to leave your parcel. Apparently they must try a neighbour first, if not take it back with them and try again the next day. None of these were actioned, so I was hoping I was in luck... As Ekona said, I will be writing them a strongly worded letter, using as many big legal terms I can find on google :lol: . Quote Link to comment Share on other sites More sharing options...
Ekona Posted May 16, 2016 Share Posted May 16, 2016 Don't forget, your target is the train co, not DPD Quote Link to comment Share on other sites More sharing options...
ZMANALEX Posted May 16, 2016 Share Posted May 16, 2016 Perhaps the train company instructed DPD to leave in a "safe" place or with a neighbour in the event that you were not in. These options are available when making the on line booking. Quote Link to comment Share on other sites More sharing options...
GMballistic Posted May 16, 2016 Share Posted May 16, 2016 Thanks all for the replies! It seems like some courier drivers get away with murder nowadays. A relative had a massive chandelier stolen from her front door recently as the courier left it there stating it was a safe place!! I believe a signature was required and they need permission to leave your parcel. Apparently they must try a neighbour first, if not take it back with them and try again the next day. None of these were actioned, so I was hoping I was in luck... As Ekona said, I will be writing them a strongly worded letter, using as many big legal terms I can find on google :lol: . One thing that springs to my mind, ...not sure what train company it was but really you need to find out the name of someone important or as high up in the company as you can. No good your letter of complaint just landing on the general mail list as it will most likely not receive the attention it deserves. Maybe even post something on Twitter or Facebook directly to the company involved as some people seem to get great responses by doing it that way. Just an idea. Quote Link to comment Share on other sites More sharing options...
hadZ Posted May 16, 2016 Author Share Posted May 16, 2016 Perhaps the train company instructed DPD to leave in a "safe" place or with a neighbour in the event that you were not in. These options are available when making the on line booking. I don't believe they did, as just reading through previous emails they have said that a signature was required Quote Link to comment Share on other sites More sharing options...
hadZ Posted May 16, 2016 Author Share Posted May 16, 2016 Thanks all for the replies! It seems like some courier drivers get away with murder nowadays. A relative had a massive chandelier stolen from her front door recently as the courier left it there stating it was a safe place!! I believe a signature was required and they need permission to leave your parcel. Apparently they must try a neighbour first, if not take it back with them and try again the next day. None of these were actioned, so I was hoping I was in luck... As Ekona said, I will be writing them a strongly worded letter, using as many big legal terms I can find on google :lol: . One thing that springs to my mind, ...not sure what train company it was but really you need to find out the name of someone important or as high up in the company as you can. No good your letter of complaint just landing on the general mail list as it will most likely not receive the attention it deserves. Maybe even post something on Twitter or Facebook directly to the company involved as some people seem to get great responses by doing it that way. Just an idea. Twitter will be my next point of call! It is very unfair how the courier company and driver could get away with it! Quote Link to comment Share on other sites More sharing options...
jowen7448 Posted May 16, 2016 Share Posted May 16, 2016 Good luck, hope you get the resolution you want. Keep us all up to date. Quote Link to comment Share on other sites More sharing options...
RS8055 Posted May 31, 2016 Share Posted May 31, 2016 Any update on this? Interested to hear if kicking up a fuss about this gets you a good resolution! However, I must say, seeing as it was lost on the train, there's no way of you proving that the laptop was in working order prior to the delivery, as I imagine anything could have happened to it before it was handed in to lost property at the train company! Quote Link to comment Share on other sites More sharing options...
MJC Posted May 31, 2016 Share Posted May 31, 2016 Your only course of action is against the train co as they failed to correctly insure the parcel (given that they arranged postage and told you what the cost would be). DPD could be held partly accountable for throwing the parcel over the gate, but did it have anything written on it to show it was fragile? In your dealings wit the train co, don't forget that the laptop is not the only thing you will need to claim for- you will also have to rebut any software etc you had on the machine fi you cannot retrieve serial numbers etc, and spend numerous hours setting the thing up as well. Quote Link to comment Share on other sites More sharing options...
hadZ Posted May 31, 2016 Author Share Posted May 31, 2016 Hi, No update as of yet. I haven't made a claim against Hull trains, the train company I left my laptop on, and at this moment in time very hesitant to as it was my fault I left the laptop on the train. However I am determined not to let DPD get away with it so easily and will be making a nuisance of myself to them. I will also be reporting DPD to trading standards, although I am not what will be achieved from doing this. DPD have also put the blame on the driver, so I am not sure if legally I can request the drivers details and make a claim against him directly? During my Google search I stumbled across this video - my personal favorite is at 1:18 :@! Quote Link to comment Share on other sites More sharing options...
hadZ Posted May 31, 2016 Author Share Posted May 31, 2016 Nothing on the package to show that it was fragile, however the driver was not given to leave the parcel in a safe place. I guess in this instance I shouldn't feel bad about making a claim against Hull Trains as like you have rightly stated the correct insurance should have been in place. I will email there customer service department now. Your only course of action is against the train co as they failed to correctly insure the parcel (given that they arranged postage and told you what the cost would be). DPD could be held partly accountable for throwing the parcel over the gate, but did it have anything written on it to show it was fragile? In your dealings wit the train co, don't forget that the laptop is not the only thing you will need to claim for- you will also have to rebut any software etc you had on the machine fi you cannot retrieve serial numbers etc, and spend numerous hours setting the thing up as well. Quote Link to comment Share on other sites More sharing options...
Ebized Posted May 31, 2016 Share Posted May 31, 2016 Action is against the train company. They knew is was an item that was potentially vulnerable to damage, or indeed theft, and should have taken appropriate steps to cover for such eventuality. Were you asked for any additional payment for damage/loss and/or packaging by them returning it via third party (DPD in this case)? If not then a small claims court action I would suggest. Quote Link to comment Share on other sites More sharing options...
hadZ Posted May 31, 2016 Author Share Posted May 31, 2016 No additional payment was requested for damage/loss. Also seeing as DPD have agreed to offer £24, does this mean they have accepted that they damaged the parcel and the train company can have no come backs to that? Action is against the train company. They knew is was an item that was potentially vulnerable to damage, or indeed theft, and should have taken appropriate steps to cover for such eventuality. Were you asked for any additional payment for damage/loss and/or packaging by them returning it via third party (DPD in this case)? If not then a small claims court action I would suggest. Quote Link to comment Share on other sites More sharing options...
hadZ Posted May 31, 2016 Author Share Posted May 31, 2016 I have sent an email to Hull trains requesting for my laptop to be replaced. Fingers crossed Quote Link to comment Share on other sites More sharing options...
Ekona Posted May 31, 2016 Share Posted May 31, 2016 My original advice still stands. Anything they do for you, they do because of the decent PR not because they have a legal responsibility. Quote Link to comment Share on other sites More sharing options...
HaydnH Posted May 31, 2016 Share Posted May 31, 2016 I'm not so sure if your relationship is with the train company or the DPD to be honest, who exactly is the customer of DPD here? The laptop belongs to you, you've left it on a train, you've authorised Hull Trains (HT) to use DPD on your behalf and you're paying for the postage via HT, Hull trains are simply posting your possession back to you almost as a favor, they're not selling you anything nor providing a paid for service in the lost property sense. Although I guess you could argue that the lost property service is part of the train ticket price. I'm obviously not a lawyer though, Citizens Advice Bureau would be able to advise Personally I'd put what's happened in writing to HT and go after DPD first, the delivery document is pretty damning saying it's over a 6ft gate! As long as HT know there's an issue you can try going afterwards them if DPD keep saying no. By the way, this may be useful: http://www.urbancottageindustries.com/blog/dpd-damaged-parcel-sue-legal-action/ Quote Link to comment Share on other sites More sharing options...
Ebized Posted May 31, 2016 Share Posted May 31, 2016 I'm not so sure if your relationship is with the train company or the DPD to be honest, who exactly is the customer of DPD here? The laptop belongs to you, you've left it on a train, you've authorised Hull Trains (HT) to use DPD on your behalf and you're paying for the postage via HT, Hull trains are simply posting your possession back to you almost as a favor, they're not selling you anything nor providing a paid for service in the lost property sense. Although I guess you could argue that the lost property service is part of the train ticket price. I'm obviously not a lawyer though, Citizens Advice Bureau would be able to advise Personally I'd put what's happened in writing to HT and go after DPD first, the delivery document is pretty damning saying it's over a 6ft gate! As long as HT know there's an issue you can try going afterwards them if DPD keep saying no. By the way, this may be useful: http://www.urbancott...e-legal-action/ Having read that saga in the link Haydn has posted then it looks like the OP might well have a good case against DPD, as throwing any parcel over 6ft gates that does not state it is OK to do that, has the potential for damage. But would be worth verifying with the rail returns office whether they put any warning on the parcel about it being handled with care. Quote Link to comment Share on other sites More sharing options...
HaydnH Posted May 31, 2016 Share Posted May 31, 2016 (edited) But would be worth verifying with the rail returns office whether they put any warning on the parcel about it being handled with care. Interestingly, parcels marked fragile while receive less care: http://www.popularme...-your-packages/ Although the DPD Ts&Cs say: (ii) a breach of any of the Customer warranties set out in Clause 5, including insufficient or improper packing, labelling or addressing, including incorrect or missing postcode information; Which they could possibly use as a defense... I doubt it though, "it didn't say fraigle so throwing it over a 6ft gate should be OK" just doesn't cut it if you ask me. Edited May 31, 2016 by HaydnH Quote Link to comment Share on other sites More sharing options...
veilside z Posted May 31, 2016 Share Posted May 31, 2016 I do hope you get a good outcome. Quote Link to comment Share on other sites More sharing options...
hadZ Posted June 1, 2016 Author Share Posted June 1, 2016 DPD have accepted that they were at fault, they are just saying the correct insurance was not taken out to cover the full value of the laptop. I have sent an email to Hull trains and awaiting there response. In the mean time I have also sent an email to the head of customer service at DPD to kick up a fuss. However Ekona is right, as my contract is with Hull Trains, I would need to make a claim through them. Quote Link to comment Share on other sites More sharing options...
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