courier services

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Les Paul Lover
Duke of Orange
Posts: 6566
Joined: Tue Aug 18, 2009 9:08 am
Location: Derby, England

Re: courier services

Post by Les Paul Lover » Thu Feb 14, 2019 11:03 pm

Sooner wrote:
Thu Feb 14, 2019 9:05 pm
Les Paul Lover wrote:
Thu Feb 14, 2019 8:38 pm
The law in the UK is different to the US.
Even though it went uninsured, I believe they are still responsible for it - here, they have shown gross negligence for a client's possession in their care.
Not surprising that the law is different. Surprised though that the shipper would be responsible it it was uninsured. What's the point of paying for insurance then?
Good question.

I can't answer it fully. Some aspect of it will deter claims. Similar thing to what you can see in restaurants - a small wall area with hangers and a sign saying that items left on the hangers (patrons coats and such) are left there at the owners risk.

In the UK law, if a restaurant leaves such an area for customers to hang their coats, they have a duty of care to what is left there. Even though there's a disclaimer, it has no legal standing.

I beleive the cabs save there is somewhat in the same situation. If the box had arrived intact, and the cab showed no obvious damage, the company did ok. But here..... if a fork lift truck has gone through the box..... I don't know. To my it sounds like they have failed in their duty to care for their customer's belongings, but which way it will go......
Ant

Orange Gear: RV50 MKI, R30, AD15, AD5, PPC212
Past Orange: Orange AD30TC Combo, Tiny Terror

Guitars: Gibson Les Paul Standard Faded, Vigier Expert Retro 54, Gibson SG 70s Tribute, Aria Pro II RS X80, G&L ASAT Special Tribute

makjoh
New Member
Posts: 35
Joined: Tue Jan 08, 2019 1:18 am

Re: courier services

Post by makjoh » Fri Mar 01, 2019 10:23 am

Final answer from parcelmonkey was the same as their first response.....despite them having requested photos and details of the damage....Not insured....no liability.....They will find that this is wrong because my statutory rights allow me to pursue this in the small claims court against them for negligence and damage to goods whilst in their care and having received payment for its safe carriage. It'll be interesting......

Les Paul Lover
Duke of Orange
Posts: 6566
Joined: Tue Aug 18, 2009 9:08 am
Location: Derby, England

Re: courier services

Post by Les Paul Lover » Sat Mar 02, 2019 8:34 am

makjoh wrote:
Fri Mar 01, 2019 10:23 am
Final answer from parcelmonkey was the same as their first response.....despite them having requested photos and details of the damage....Not insured....no liability.....They will find that this is wrong because my statutory rights allow me to pursue this in the small claims court against them for negligence and damage to goods whilst in their care and having received payment for its safe carriage. It'll be interesting......
I think you stand a good chance to win. Be aware that bringinf the case up may cost as much as the speaker and new grill cloth.

In any case, a speaker cabinet isn t and amplifier, so it isnt on their exclusion list.

Good luck and let us know how it goes!!!
Ant

Orange Gear: RV50 MKI, R30, AD15, AD5, PPC212
Past Orange: Orange AD30TC Combo, Tiny Terror

Guitars: Gibson Les Paul Standard Faded, Vigier Expert Retro 54, Gibson SG 70s Tribute, Aria Pro II RS X80, G&L ASAT Special Tribute

makjoh
New Member
Posts: 35
Joined: Tue Jan 08, 2019 1:18 am

Re: courier services

Post by makjoh » Sat Mar 02, 2019 9:36 am

Thanks Duke.....I've won 2 cases in the small claims court before. The most important thing is the presentation of evidence in a clear and concise manner without embellishments or suppositions. It'll cost about £40 to initiate a claim and approximately £80 if it goes to a hearing. All recoverable costs if I win, and yes I agree it could end up costing more than a V30 and the grille clothe (£115 for both items) but I am so disgruntled at the way parcelmonkey have dealt with this issue and fobbed me off with automated computer responses that it now becomes a fight for scruples, morals, and fair play. Parcelmonkey have ignored my requests for an account as to how the damage occurred and my request for a physical address (which I have traced) for court correspondence. They can ignore me but they cannot ignore court requests for contest of the case otherwise it will be decided in their absence for non reply. They then become liable for the debt made by a court order. That would be a nice simple win but I would never assume such simplicity in the legal world, and indeed am prepared to cut my losses and withdraw the case should it prove fruitless. I am claiming £300 for parts and labour......and 50 lashes for damaging such a beautiful cab :lol:

Les Paul Lover
Duke of Orange
Posts: 6566
Joined: Tue Aug 18, 2009 9:08 am
Location: Derby, England

Re: courier services

Post by Les Paul Lover » Sat Mar 02, 2019 12:30 pm

makjoh wrote:
Sat Mar 02, 2019 9:36 am
Thanks Duke.....I've won 2 cases in the small claims court before. The most important thing is the presentation of evidence in a clear and concise manner without embellishments or suppositions. It'll cost about £40 to initiate a claim and approximately £80 if it goes to a hearing. All recoverable costs if I win, and yes I agree it could end up costing more than a V30 and the grille clothe (£115 for both items) but I am so disgruntled at the way parcelmonkey have dealt with this issue and fobbed me off with automated computer responses that it now becomes a fight for scruples, morals, and fair play. Parcelmonkey have ignored my requests for an account as to how the damage occurred and my request for a physical address (which I have traced) for court correspondence. They can ignore me but they cannot ignore court requests for contest of the case otherwise it will be decided in their absence for non reply. They then become liable for the debt made by a court order. That would be a nice simple win but I would never assume such simplicity in the legal world, and indeed am prepared to cut my losses and withdraw the case should it prove fruitless. I am claiming £300 for parts and labour......and 50 lashes for damaging such a beautiful cab :lol:
A lot of large company simply do not fight these claims because they can't organise themselves to reply or make their representations.

Good luck - I've never made a small court's claim myself. I should try one day, just for the experience!!!!
Ant

Orange Gear: RV50 MKI, R30, AD15, AD5, PPC212
Past Orange: Orange AD30TC Combo, Tiny Terror

Guitars: Gibson Les Paul Standard Faded, Vigier Expert Retro 54, Gibson SG 70s Tribute, Aria Pro II RS X80, G&L ASAT Special Tribute

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