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Courier Caused Damage on Property - Advice Needed

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  • 17-01-2014 3:22pm
    #1
    melon_collie
    Registered Users Posts: 414 ✭✭


    Perhaps I am making a bigger issue of this than I should. Please tell me if I am.

    I live out in the middle of nowhere. Before Christmas I was expecting a package to be delivered to the house by a courier. This courier has delivered stuff to me before on a few occasions. He called me on his way to the house to see if I was there. I told him that I wasn't (I never usually am when he delivers). Anyway he said he would leave it for me in my recycling bin as he always does which is always located around the side of the garage.

    Anyway I came home to find that my clothes airer (which had no clothes on it but was located in the yard (close to where the recycling bin was) was completely smashed up and had been driven over.

    It is quite apparent that the courier went to reverse the van over to where the bin was and reversed over the clothes airer. Now I can understand if it was an accident and he called me to explain so, but he didn't. Instead I arrived home to find the airer in a mangled mess on the ground.

    I called the courier company to complain the day after. The girl stated on the phone that she can't do anything because independently owned couriers are working under this particular brand. Surely to God its the repsonsibility of this particular brand that its sub-contractors are not causing damage around the place.

    What should I do in this situation. Am I being petty about the whole thing? I know its only €20 euros worth but that's not the point. He could have driven over the cat or something.


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    #2
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    melon_collie wrote: »
    Perhaps I am making a bigger issue of this than I should. Please tell me if I am.

    I live out in the middle of nowhere. Before Christmas I was expecting a package to be delivered to the house by a courier. This courier has delivered stuff to me before on a few occasions. He called me on his way to the house to see if I was there. I told him that I wasn't (I never usually am when he delivers). Anyway he said he would leave it for me in my recycling bin as he always does which is always located around the side of the garage.

    Anyway I came home to find that my clothes airer (which had no clothes on it but was located in the yard (close to where the recycling bin was) was completely smashed up and had been driven over.

    It is quite apparent that the courier went to reverse the van over to where the bin was and reversed over the clothes airer. Now I can understand if it was an accident and he called me to explain so, but he didn't. Instead I arrived home to find the airer in a mangled mess on the ground.

    I called the courier company to complain the day after. The girl stated on the phone that she can't do anything because independently owned couriers are working under this particular brand. Surely to God its the repsonsibility of this particular brand that its sub-contractors are not causing damage around the place.

    What should I do in this situation. Am I being petty about the whole thing? I know its only €20 euros worth but that's not the point. He could have driven over the cat or something.

    Who did you buy the product from? I suggest you contact them with your complaint.


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    #3
    melon_collie
    Registered Users Posts: 414 ✭✭melon_collie


    I bought the product from a UK website they use particular courier company in Ireland. Don't think I will get much joy out of them. Do you think I am over reacting on this. I don't feel myself that I am


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    #4
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,121 Mod ✭✭✭✭MarkR


    You've called the name on the side of the van, and they told you they weren't responsible? Call them back and ask them for the name who deals with civil suits. After that, send it on to the small claims court.

    Can you ring the courier directly?


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    #5
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    melon_collie wrote: »
    I bought the product from a UK website they use particular courier company in Ireland. Don't think I will get much joy out of them. Do you think I am over reacting on this. I don't feel myself that I am

    Your contract is with the UK website - you should get on to them first. They are the ones you paid and they are the ones responsible.

    The courier is cheeky as feck if it was him that drove over your property.


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    #6
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    The problem you're going to have is proving it was the courier that did it. After that simply report it to the guards to get his insurance details, a claim over a clothes airer and the potential no claims loss will, I'm sure, result in contact, payment and an apology.


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    #7
    melon_collie
    Registered Users Posts: 414 ✭✭melon_collie


    You are right. I do not have any actual evidence. My proof is circumstantial. There has NEVER been anything like this to happen on my property before. The airer was located well out of the way of the front of the house, so I know the postman couldn't have done it. As I said in the opening paragraph it was located over close to where the bin is and where he knew he was going to be leaving the package. He was in a hurry with the xmas rush and didnt see the airer because it had no clothes on it. ITs so bloody obvious. There is even a skid mark on the ground where he stopped the van suddenly when he realised he hit it.


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    #8
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    melon_collie wrote: »
    You are right. I do not have any actual evidence. My proof is circumstantial. There has NEVER been anything like this to happen on my property before. The airer was located well out of the way of the front of the house, so I know the postman couldn't have done it. As I said in the opening paragraph it was located over close to where the bin is and where he knew he was going to be leaving the package. He was in a hurry with the xmas rush and didnt see the airer because it had no clothes on it. ITs so bloody obvious. There is even a skid mark on the ground where he stopped the van suddenly when he realised he hit it.

    ~Might be enough - contact the courier company and inform them your next stop is the guards and his insurance.


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    #9
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Bepolite wrote: »
    ~Might be enough - contact the courier company and inform them your next stop is the guards and his insurance.

    The OP has no contract with the courier.


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    #10
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    runawaybishop wrote: »
    The OP has no contract with the courier.

    It doesn't matter, this is tort.


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    #11
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Bepolite wrote: »
    It doesn't matter, this is tort.

    The company he bought the item from may resolve it faster though. I would try them first anyway.


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    #12
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    runawaybishop wrote: »
    The company he bought the item from may resolve it faster though. I would try them first anyway.

    That I agree with - but I have a funny feeling the company will simply say it isn't responsible for a couriers negligence, which they aren't. If the courier had backed into the house and caused ten of thousands of euros worth of damage it wouldn't be for the seller to fix.


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    #13
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Bepolite wrote: »
    That I agree with - but I have a funny feeling the company will simply say it isn't responsible for a couriers negligence, which they aren't. If the courier had backed into the house and caused ten of thousands of euros worth of damage it wouldn't be for the seller to fix.

    Yup, i agree. I would be letting the seller know about the conduct of the couriers they employ though.


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    #14
    melon_collie
    Registered Users Posts: 414 ✭✭melon_collie


    I have just emailed the seller to let them know about the incident. Hopefully I will get a response from one of the parties.

    But am I right in saying that the parent courier company, lets call them YesWay Couriers for arguments sake, are ultimately responsible for the damage that their subcontractors cause. I think it should be up to YesWay couriers to deal with me, and then they can deal with their own subcontractors internally.


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    #15
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    I think people are jumping the gun here. The OP has no proof the courier did any damage at all. You cant go looking for recourse until your first prove liability.


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    #16
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    D3PO wrote: »
    I think people are jumping the gun here. The OP has no proof the courier did any damage at all. You cant go looking for recourse until your first prove liability.

    You can definitely contact them. For such a small sum they may just compensate without argument.


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    #17
    alexonhisown
    Registered Users Posts: 667 ✭✭✭alexonhisown


    Personally I wouldnt want someone to possibly lose their job over 20euros worth of damage and for something I had no proof of.


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    #18
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    D3PO wrote: »
    I think people are jumping the gun here. The OP has no proof the courier did any damage at all. You cant go looking for recourse until your first prove liability.
    alexonhisown wrote: »
    Personally I wouldnt want someone to possibly lose their job over 20euros worth of damage and for something I had no proof of.

    It's a balance of probability test. Could someone else have reversed into the OPs drive, yes. Is it probable no. If the skid mark is still there the tire tracks can be compared to give more conclusive proof.

    I suspect all thats needed is a little prompt for the the courier to admit it was him. As for losing his job, I very much doubt he would. Little prangs happen. It arguable the courier is equally aggrieved that someone left something that is probably difficult to see in the drive way.


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    #19
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    By clothes airer, do you mean a clothes horse? As in, something that costs about €20?


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    #20
    Newaglish
    Registered Users Posts: 2,734 ✭✭✭Newaglish


    Michael D Not Higgins wrote: »
    By clothes airer, do you mean a clothes horse? As in, something that costs about €20?

    Not only does it cost about €20, they've specified it costs exactly €20.


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    #21
    Michael D Not Higgins
    Registered Users Posts: 7,223 ✭✭✭Michael D Not Higgins


    Newaglish wrote: »
    Not only does it cost about €20, they've specified it costs exactly €20.

    Ah sorry, missed that in the OP.


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    #22
    username123
    Closed Accounts Posts: 7,484 ✭✭✭username123


    alexonhisown wrote: »
    Personally I wouldnt want someone to possibly lose their job over 20euros worth of damage and for something I had no proof of.

    Perhaps not, but its extremely bad form to cause damage on someones property and not leave a note or own up afterwards. What if it had been a family pet?


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    #23
    george33
    Registered Users Posts: 2 ✭george33


    What if the guy's mother had been putting out the washing at the time? Hanging's too good for these couriers! LOL

    I think it's one of those you have to chalk up to experience. You can't prove the courier did the damage, so it's going to be less stressful on you to buy a new drier, forget about the old one, and make sure the drive is clear the next time you're expecting a delivery.


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    #24
    melon_collie
    Registered Users Posts: 414 ✭✭melon_collie


    Update on the situation. The driver who delivered the package to me called me back this afternoon upon instruction from the parent company.

    He did not deny that he did it. I gave me a lame excuse that he wouldn't have known he hit it because he has the radio turned up so loud!! I said that he would have known because he would have seen it after getting out of the van. He stuck to his guns.

    He offered to reimburse me the cost which I think speaks volumes of his guilt.

    I explained to him that it was not about the money nor was I trying to get him in trouble. I told him I would have understood if he had called me to explain what had happened. Accidents happen to everyone. I explained my annoyance at coming home to find the clothes horse in a mangled mess. What if it had been a family pet??

    Anyway I left it at that and told him to think twice about it next time. He said fair enough.

    thanks to everyone who posted. And just for the record, I wouldn't accuse anyone of being in the wrong unless I was pretty damn sure of being right.

    Thanks again everyone


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    #25
    SpaceTime
    Closed Accounts Posts: 9,088 ✭✭✭SpaceTime


    If you're driving a van its quite possible you wouldn't notice hitting a light structure like a clothes airer if it was reversed into.


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    #26
    melon_collie
    Registered Users Posts: 414 ✭✭melon_collie


    SpaceTime wrote: »
    If you're driving a van its quite possible you wouldn't notice hitting a light structure like a clothes airer if it was reversed into.

    maybe so but you'd definitely see it when you'd get out to deliver the package. no question about that.


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