Your rights if you lose a parcel left in recycling bin or doorstep
Here’s what you need to know if a parcel has been lost from your property (Image: Getty)
There’s nothing more exciting than waiting for a highly anticipated delivery to arrive, but then all hopes are dashed when it’s been misplaced, lost or stolen. Parcels can be lost whether they’re left on the doorstep or put into a safe place, such as a recycling bin or another safe place out of sight.
It’s incredibly frustrating losing out on any parcel, especially if it’s important. To help consumers understand their rights when it comes to lost packages, experts have shared some important factors people should be aware of before requesting a replacement or refund – or if they even can. Experts spoke to Express.co.uk to explain what are the best courses of action when a parcel has been lost.
Parcels can go missing whether they’re left on the doorstep or in a safe place (Image: Getty)
Lee Graham, Director of Parcel Pending Locker Solutions at Quadient, said: “Discovering that a parcel has gone missing after being left in a recycling bin or on a doorstep is incredibly frustrating. If a delivery was left somewhere you didn’t agree to, your first step should be to contact the company you bought it from.
“Your relationship is with them, and they have the relationship with the carrier, making them best placed to investigate what happened and resolve the issue.”
Where the blame lies
Firstly, the customer should consider if it was their decision – or direct instruction – to the courier service to leave their parcel in a designated spot. If a package is left in a random place by the courier and it ends up missing or stolen, then the liability lies with the retail provider.
However, if a customer has given express permission to leave a parcel in a particular spot, such as a recycling bin, and in turn, is lost, then the responsibility may pass 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.”
If a customer has asked for the parcel to be put in a recycling bin, they may not be entitled to a refund (Image: Getty)
Ciaran Dearden, Commercial Dispute Resolution Partner at 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.
“However, where the 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.”
If you think your parcel has been stolen, it’s worth collecting any CCTV evidence (Image: Getty)
Customers specifying a designated area
A consumer’s legal rights may change if a specific spot has been requested for the parcel to be left in. Ciaran explained: “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 some instances, a customer may still have a claim if the courier or delivery service failed to follow delivery instructions. He continued: “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.”
Submitting a complaint
If a parcel is lost and they are not liable for the loss, it may be possible to submit a complaint to the retail provider. Eamonn continued: “Generally, when it comes to being legally liable for a problem, consumers consider themselves to be liable to the retail providers as this is whom they entered into an agreement with.
“Although the retail provider may be able to collect damages from the delivery provider if there was a failure by the delivery provider to follow standard procedures; generally, consumers would need to submit complaints and/or claims directly to the retailer requesting a replacement/return or other form of redress.
“In addition to submitting formal complaints to the retailers, consumers also can keep documentation related to their attempts to resolve issues with the retail providers (such as delivery confirmations and communication records), as well as attempt to use Alternative Dispute Resolution processes before bringing the matter to Small Claims Court.”
What to do if you think your parcel has been stolen
If you think there’s been a possibility that your parcel has actually been stolen, and not misplaced or thrown away, there are some steps you can take. The first step is to look at any CCTV you may have, such as purpose built cameras or a Ring doorbell camera.
Lee explained: “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.”
