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Without knowing the full details of the case and T&Cs it's hard to see who's fault it is. Your contract is normally with the supplier, not the delivery company.

 

No idea if this link helps and it may not necessarily apply to a business.

 

If you nominated a safe place and it wasn't left in that safe place then you can argue it wasn't delivered.

 

This may be obvious, but it's not be left somewhere else? I've known of cases where stuff has been left at the wrong address and even received parcels myself where the recipient hasn't bothered to collect. In hind site never get anything of value left without a signature.

 

WWW.WHICH.CO.UK

This advice applies if your parcel hasn't turned up, were left somewhere outside your home and stolen, or left with a...

 

Edited by Paul in the woods

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4 hours ago, bradshaw groundcare said:

After replacing 2 grands worth of stolen machinery, the replacement gets stolen. 

 

Beware that if you have an app on your phone by a delivery company and have it set to leave in a SAFE place this means the delivery driver will dump your parcel any where they like. Not knock on your door or leave a card and you will be blamed and out off pocket.

 

Dont use the app and end up driving 20 miles to pick your parcel up.

 

The supplier uses this delivery company and should be half to blame as you will receive no help from them 

 

 

 

Two points here.  If you have agreed the items are to be left in a safe place, were they or were they left in a very unsafe place?  Right out in the open is hardly "safe".  Did the app give you the chance to enter exactly where is "safe".  If not it has to be a matter of judgement and no reasonable person would say that in clear view of passers-by is safe.

 

Secondly remember your contract is with the retailer.  If they failed to deliver the goods as arranged they are in breach of contract.  As the Which webpage (linked above) says, it is worth reading the retailer's terms and conditions.  If it is clear they have not left the items in a safe place take it up with the retailer.  Or better still if you paid by credit card claim against them as they will also be liable.

 

If they have acted with due care and left the items in a place that would reasonably be considered safe you will have no case, but from what you have said they weren't.

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The supplier contracted with the courier to deliver goods they should obtain proof that goods were delivered to a safe place. Couriers often take a photo on phone to show they've attempted delivery or left it in a safe place. Ask for a photo or proof of delivery.

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The above comment is one I was going to make. I have used DPD in the past and have had no issues with them, they do take photos of the address front door when trying to deliver and post them on their tracking info page.

 

It is easy to knock the courier but I see the other side where they are legging it up my drive to collect or drop off kit so I always help them shift the boxes to the van etc and have a good relationship with the DHL, Parcelforce and APC guys that deliver and pickup my parcels. I have had guys pickup kit as late as 9.45pm, sure, I have had a few issues - the one where my delivery to Ireland ended up in Birmingham was good and one delivered to the wrong Garage in Ireland aged me but.....they all got there in the end.

 

The way I think the law works is that the supplier is responsible up to the point the goods are delivered to the person or the designated place the customer has told the courier to leave them. That is what I picked up on one of the radio shows on my travels - don't know if it has changed. If the courier has just left it outside your house without the customers agreement then my personal view is the courier is at fault if it goes walkies!

 

I also sympathise with couriers delivering to people that know they will not be in when placing and order - must be bloody frustrating when delivering 100 parcels on a shift and coming back with 30% of them!

 

 

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35 minutes ago, petercb said:

The supplier contracted with the courier to deliver goods they should obtain proof that goods were delivered to a safe place. Couriers often take a photo on phone to show they've attempted delivery or left it in a safe place. Ask for a photo or proof of delivery.

Good advice; and remember the onus is on the supplier to prove the goods were delivered as arranged.  Until the goods are with you or somewhere you have agreed they have not supplied them.

 

I also use DPD a lot and find they are usually really good.  Unlike Citylink - they were lying scoundrels.  Well, the ones that I had experience of were.

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If the goods were stolen ( not there when you got home ) you really don't know were they were left ,  safe or not .

Edited by Stubby
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5 hours ago, bradshaw groundcare said:

That is true BUT 

 

The safe place is in an outbuilding not dumped outside for all to see. 

 

No card left they was some one in the house and he did not knock.

 

The driver did the same 2 days before. 

 

This is not over. 

 

 

100% agreed on the DPD front, should knock THEN use safe place. NOT F R Jones fault thought. If you hadnt ticked the safe place box you would have been sound.

 

look at it another way, YOU sell an old saw on ebay, you post it off in good faith with DPD, the buyer sets tgeir account to “ safe place” and now blames you for the gear going missing, im sure you would say “ tuff mate”

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Have you asked DPD for a picture of your front door and also a picture of the safe place the parcel was left?

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25 minutes ago, ChunksBigBro said:

100% agreed on the DPD front, should knock THEN use safe place. NOT F R Jones fault thought. If you hadnt ticked the safe place box you would have been sound.

 

look at it another way, YOU sell an old saw on ebay, you post it off in good faith with DPD, the buyer sets tgeir account to “ safe place” and now blames you for the gear going missing, im sure you would say “ tuff mate”

No it is up to the supplier to deliver the goods.  If they employ a courier who leaves them in an appropriate place they will have to sort it.  If an arborist employs a subby who fells the wrong tree he won’t be able to say to the paying customer ‘Not my fault he is a subby’.

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1 minute ago, Squaredy said:

No it is up to the supplier to deliver the goods.  If they employ a courier who leaves them in an appropriate place they will have to sort it.  If an arborist employs a subby who fells the wrong tree he won’t be able to say to the paying customer ‘Not my fault he is a subby’.

But the end recipient interfered with the contract between supplier and courier and agreed their own acceptable conditions

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