u/convenientscientist

I’m currently taking Boots to small claims court over an online order that I never received, and I’d really appreciate some views from anyone who has dealt with something similar.

In short, Boots/Royal Mail say the parcel was delivered and have a photograph showing it left outside my flat door. I wasn’t home and I had not nominated my doorstep as a safe place. I live in a managed building with a concierge, so there was an alternative secure place the parcel could have been taken. When I returned, the parcel was not there.

I contacted Boots and asked them to investigate the non-delivery with Royal Mail. My position has always been that a photograph of a parcel sitting unattended outside my door proves where it was left, but not that I actually received it. Boots maintained that it had been delivered and refused to refund me.

I therefore issued a small claim. Boots defended it and we have now gone through the court mediation process, but they are continuing to deny liability, so it looks as though this may proceed to a hearing.

My understanding of the Consumer Rights Act 2015 is that, broadly speaking, the goods remain at the trader’s risk until they come into the physical possession of the consumer (or someone identified by the consumer to take possession). My argument is that leaving a parcel unattended outside my door, without my authorisation to use that location as a safe place, is not the same thing as it coming into my physical possession.

I’d be particularly interested in hearing from anyone who has:

• taken Boots or another major retailer to small claims over a missing delivery;
• had a case involving a delivery photograph but no actual receipt of the goods;
• dealt with the question of an unauthorised “safe place”; or
• taken a retailer all the way to a hearing rather than settling at mediation.

If you have experience of this, what evidence did the judge focus on? Is there anything in particular I should make sure I have prepared before the hearing?

Not looking for anyone to tell me what I want to hear. I’d genuinely like to understand both the strengths and weaknesses of my position and what I should expect if it reaches court.

I’m currently taking Boots to small claims court over an online order that I never received, and I’d really appreciate some views from anyone who has dealt with something similar.

In short, Boots/Royal Mail say the parcel was delivered and have a photograph showing it left outside my flat door. I wasn’t home and I had not nominated my doorstep as a safe place. I live in a managed building with a concierge, so there was an alternative secure place the parcel could have been taken. When I returned, the parcel was not there.

I contacted Boots and asked them to investigate the non-delivery with Royal Mail. My position has always been that a photograph of a parcel sitting unattended outside my door proves where it was left, but not that I actually received it. Boots maintained that it had been delivered and refused to refund me.

I therefore issued a small claim. Boots defended it and we have now gone through the court mediation process, but they are continuing to deny liability, so it looks as though this may proceed to a hearing.

My understanding of the Consumer Rights Act 2015 is that, broadly speaking, the goods remain at the trader’s risk until they come into the physical possession of the consumer (or someone identified by the consumer to take possession). My argument is that leaving a parcel unattended outside my door, without my authorisation to use that location as a safe place, is not the same thing as it coming into my physical possession.

I’d be particularly interested in hearing from anyone who has:

• taken Boots or another major retailer to small claims over a missing delivery;
• had a case involving a delivery photograph but no actual receipt of the goods;
• dealt with the question of an unauthorised “safe place”; or
• taken a retailer all the way to a hearing rather than settling at mediation.

If you have experience of this, what evidence did the judge focus on? Is there anything in particular I should make sure I have prepared before the hearing?

Not looking for anyone to tell me what I want to hear. I’d genuinely like to understand both the strengths and weaknesses of my position and what I should expect if it reaches court.