Few things are more frustrating than eagerly awaiting a much-anticipated delivery, only for those hopes to be shattered when the parcel is misplaced, lost or stolen. Packages can go missing whether they have been left on the doorstep or tucked away in a designated safe spot, such as a recycling bin or another out-of-sight location.
Losing a parcel is enormously frustrating, particularly when the contents are expensive or important. To help shoppers understand their rights when it comes to missing packages, experts have highlighted several key factors that consumers ought to be aware of before pursuing a replacement or refund — or indeed establishing whether they are entitled to one at all.
Where the blame lies
First and foremost, the customer should consider whether it was their own instruction to the courier to leave their parcel in a designated spot. Should a package be left in a random location by the courier and subsequently go missing or be stolen, the liability falls with the retailer, reports the Express. However, if a customer has given explicit permission for a parcel to be left in a specific place, such as a recycling bin, and it is then lost, the responsibility may shift to the customer.
Eamonn Turley, CEO at insurance comparison site Multi Quote Time, explained: "Generally speaking, the retail provider retains liability for the products until they enter into the customers' physical custody, except where the customer has given express consent to leave the parcel. If a parcel is left unattended in a recycle bin or on a doorstop (without consent) and subsequently lost or stolen, the customer will likely be eligible for either a replacement product or reimbursement through the provisions of the Consumer Rights Act 2015."
Ciaran Dearden, at law firm Freeths, further explained: "Consumers are often told to pursue the courier when a parcel goes missing, but in most cases the legal responsibility remains with the retailer until the goods are received by the customer or left at a property in accordance with the customer's specific instructions. If a parcel is left in a recycling bin, on a doorstep or elsewhere without the customer's agreement and is then lost or stolen, the customer will usually be entitled to a replacement or refund."
Ciaran added that where a customer has specifically instructed that the parcel be left in a particular location, the legal position may be different and responsibility may pass to the customer once the parcel has been left in that agreed place.
Customers specifying a designated area
A consumer's legal entitlements may alter if they have requested a particular spot for their parcel to be left. Ciaran explained that if a customer has given specific instructions for a parcel to be left in a recycling bin or another designated location, it is delivered to that location and is then lost or stolen, the retailer may argue that delivery was completed and responsibility had passed to the customer. In those circumstances, a customer is likely to face greater difficulty in obtaining a refund or replacement from the retailer.
In certain cases, a customer may still be able to pursue a claim if the courier or delivery company did not adhere to the delivery instructions. Ciaran continued that the customer may still have a claim if the courier failed to follow the delivery instructions or left the parcel somewhere other than the agreed location. It would also be worth checking whether any home insurance policy provides cover for the theft of delivered parcels.
From a practical perspective, customers should still raise the issue with the retailer. Many retailers take a commercial approach to customer service and may choose to replace or refund a missing parcel to maintain goodwill, even where there is a credible legal argument that responsibility had passed to the customer once the parcel was delivered as instructed.
How to submit a complaint
Should a parcel go missing and the retailer is not legally responsible for the loss, it may still be worth lodging a formal complaint. According to Eamonn Turley, consumers generally consider themselves liable to the retail providers because that is who they entered into an agreement with. Although the retail provider may be able to collect damages from the delivery provider if the delivery provider failed to follow standard procedures, consumers generally need to submit complaints or claims directly to the retailer requesting a replacement, return or other form of redress.
In addition to submitting formal complaints to retailers, consumers should keep documentation related to their attempts to resolve issues, such as delivery confirmations and communication records. They may also attempt Alternative Dispute Resolution processes before bringing the matter to the Small Claims Court.
What to do if you think your parcel has been stolen
If you suspect your parcel has been stolen rather than simply misplaced or discarded, your first port of call should be to review any CCTV footage you have access to, whether that be a dedicated security camera or a Ring doorbell.
Lee Graham of Quadient said: "It's also worth keeping any evidence you have, particularly doorbell camera or CCTV footage, as well as tracking information and delivery photographs. If you believe your parcel has been stolen, report it to the police and obtain a crime reference number."
Too many parcel thefts still go unreported to the authorities because many people believe nothing will happen. As retailers and delivery companies will often simply replace stolen goods, the incident may be resolved for the individual without ever being recorded as a crime, meaning the real scale of parcel theft remains difficult to appreciate.
