Discovering a parcel has vanished from your doorstep is an infuriating experience that becomes all too common during the festive rush. With couriers frequently leaving packages in unsecured locations when residents are out, the risk of theft or loss spikes. But when a delivery is marked as 'delivered' yet is nowhere to be found, who should you hold accountable?
Your Legal Rights Explained by a Law Student
A TikTok video from a law student named Sarah has provided clear, viral guidance on this very issue. Sarah, who regularly shares legal insights, clarified a crucial point of consumer law that many find surprising.
Your contract is with the retailer, not the courier, and it is not fulfilled until the item is physically in your hands. Sarah emphasised that under the Consumer Rights Act 2015, the seller retains responsibility for the goods until they are delivered to you. Merely leaving a package on a doorstep, in a communal hallway, or outside a building does not constitute secure delivery.
"If the parcel is stolen, the loss sits with the retailer, not with you," Sarah stated. This legal stance means you are entitled to a replacement or a full refund from the company you bought from.
What to Do If Your Parcel Goes Missing
Sarah outlined practical steps to take if you find yourself in this situation. First, take a photograph of the empty area where the parcel was supposed to be. While not a legal requirement, this supports your claim. Checking for nearby CCTV footage can also be helpful.
Most importantly, you must contact the retailer directly. Politely inform them that the parcel was never delivered and request a refund or replacement. If the retailer attempts to redirect you to the delivery company, you should decline, reiterating that your contract is solely with them.
Should the seller refuse to help, Sarah advises consumers to initiate a card dispute through their bank or consider escalating the matter to the small claims court.
The Law on Stolen Parcels and the 'Safe Place' Exception
In the UK, stealing a parcel is a criminal offence under the Theft Act 1968, potentially leading to fines or imprisonment. For consumers, the Consumer Rights Act 2015 is the key legislation, firmly placing responsibility with the retailer until the buyer takes physical possession.
However, there is a notable exception. If you have specifically instructed the courier to leave the item in a designated 'safe place' and it is stolen from there, the responsibility may shift to you. Crucially, this instruction must be explicit. If a driver leaves a parcel in an unagreed location without your consent, the retailer remains liable.
The clarification provided by Sarah resonated widely online, with many commenters expressing frustration at insecure delivery practices and gratitude for the clear legal explanation.
