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Royal Mail lost my license & won't compensate the £20

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apple tango
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PostPosted: 09:23 - 15 Mar 2011    Post subject: Royal Mail lost my license & won't compensate the £20 Reply with quote

I received a speeding fine a few months back so had to pay a £60 fine and send both parts of my driving license off to DVLA.

DVLA posted my license back to me but Royal Mail have lost it in the post.

I called DVLA. They sent me a compensation form to be filled in and sent to Royal Mail as well as proof that they posted the license back to me. I filled in the form, sent the proof of posting, and proof of the amount (£20) that i paid for a replacement license.

Yesterday I received a letter from Royal Mail basically saying they won't be paying the £20 for the replacement license, even though it was them who have lost it. Utter twats.

The letter says things such as -

'Due to the millions of pieces of mail that pass through our massive postal pipeline each day, we cannot trace items unless a specific trackable service is used' (DVLA used a trackable service from what I can see).

'I have, however, been able to take the following actions:

1. Logged and reported full details of your complaint
2. Passed these details to my colleagues in our delivery operation
3. Enclosed a book of 6 stamps as a refund of the postage you paid - doesn't quite add up to the fucking £20 i had to pay does it!

'In light of the service you have used and the evidence provided, I'm afraid the compensation in this instance is limited to a refund of the postage paid or 6 first class stamps, whichever is the greater. If you wish to reclaim for the value of lost items in the future, you will need to provide additional evidence, such as the certificate of posting (I fucking did) and proof of the item's value (I fucking did)'.

So, I'm wanting to advice as to what to do. My girlfriend suggests writing a letter saying I'm not happy with this and threaten to take the matter further with my solicitor, unless the £20 is refunded.

What's also annoying, is that Royal Mail have kept the proof of posting from DVLA, kept the compensation form, and kept the proof of license cost I sent to them. So all that stuff has probably been binned or lost in a mountain of other shit by them.
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thegubner
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PostPosted: 09:27 - 15 Mar 2011    Post subject: Reply with quote

Doubt you'll get anything, we had a parcel of about twenty christmas presents stolen once, it was the driver in my opinion as they said they had a signature from our house but we were both at work.

Then the driver told them it was left at another address.

Then he said it was our house again. This went on for a year before I finally dropped it, I got nothing.

Good luck.
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schooleydoo
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PostPosted: 09:31 - 15 Mar 2011    Post subject: Reply with quote

Royal Mail cannot refund you the £20 because they weren't paid that much for the postage.

DVLA probably paid RM £2 at the very most, the other £18 goes to DVLA to pay for the costs to process your new license.
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Kwaks
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PostPosted: 09:46 - 15 Mar 2011    Post subject: Reply with quote

schooleydoo wrote:
Royal Mail cannot refund you the £20 because they weren't paid that much for the postage.

DVLA probably paid RM £2 at the very most, the other £18 goes to DVLA to pay for the costs to process your new license.


Not the point, RM can and do pay compensation for the value of the contents (up to a ceiling value).

Fuck with them, constant letters (with no stamps of course) demanding compensation. However did you actually have a loss? Did DVLA not replace free?
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blurredman
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PostPosted: 10:14 - 15 Mar 2011    Post subject: Reply with quote

You shouldn't have sent origional documents. Neutral
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CBT: 12/06/10, Theory: 22/09/10, Module 1: 09/11/10, Module 2: 19/01/11
Past: 1991 Honda CG125BR-J, 1992 (1980) Honda XL125S, 1996 Kawasaki GPZ500S, 1979 MZ TS150.
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apple tango
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PostPosted: 11:21 - 15 Mar 2011    Post subject: Reply with quote

Blurredman wrote:
You shouldn't have sent origional documents. Neutral


I knew someone would say that. As far as I'm aware, they require the original lisence.

Quote:
However did you actually have a loss? Did DVLA not replace free?


No they didn't replace it for free. So I have a loss of £20, well slightly less due to the stamps they sent me.
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DrDonnyBrago
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PostPosted: 11:30 - 15 Mar 2011    Post subject: Reply with quote

apple tango wrote:
Blurredman wrote:
You shouldn't have sent origional documents. Neutral


I knew someone would say that. As far as I'm aware, they require the original lisence.


I guess he means the original proof of postage, proof of value etc etc.
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t121anf
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PostPosted: 11:32 - 15 Mar 2011    Post subject: Reply with quote

why did you send your license to the DVLA for a speeding fine? been a while since I have had one, but in each case i am sure it went to a magistrates court along with the fine?

i agree you should get the £20 back, i think even first class covers you for £36 of compo

i was wrong its £41
https://www.postoffice.co.uk/portal/po/content1?catId=19100176&mediaId=19100216

not sure if the same applies if they go direct to royal mail?
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Kwaks
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PostPosted: 19:01 - 15 Mar 2011    Post subject: Reply with quote

Ok so DVLA is re-charging the £20. PO lost it. One question then.


WTF are you chasing the PO for? I would be badgering DVLA to supply the licence you originally paid for.
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apple tango
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PostPosted: 19:05 - 15 Mar 2011    Post subject: Reply with quote

t121anf wrote:
why did you send your license to the DVLA for a speeding fine? been a while since I have had one, but in each case i am sure it went to a magistrates court along with the fine?


Yes, apologies, I sent the license to the magistrates court, not DVLA.
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Rogerborg
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PostPosted: 22:31 - 15 Mar 2011    Post subject: Reply with quote

Royal Mail's contract is with the sender, not the recipient. Your contract is with the sender. You bin played, sucka.
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sickpup
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PostPosted: 23:07 - 15 Mar 2011    Post subject: Reply with quote

Ah law and terms of service my speciality.

As previously mentioned the contract is actualy between the DVLA and the Royal mail and as you are not a party to the contract and the Royal Mail you cannot actually make a claim or sue them.

Inform DVLA that you are refuting service under Section 7 Interpretations act 1978 and as such they are obliged to prove service. If they cannot prove service they as party to the contract as formed between the Royal mail and themselves must make a claim and until such time as a claim is accepted they are considered to be liable for any and all cost incurred. Point out to the DVLA that not only must they prove you received you license they must also in the case that they can't prove it prove that they sent it by an acceptable mail service type and provide a 'proof of posting' certificate for the item. A signed sheet for a bag of mail is not acceptable as proof of posting.

<edit>Submit DVLA with Magistrates court<edit>
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apple tango
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PostPosted: 08:59 - 16 Mar 2011    Post subject: Reply with quote

Rogerborg wrote:
Royal Mail's contract is with the sender, not the recipient. Your contract is with the sender. You bin played, sucka.


How have I 'bin played', you pleb?

Quote:
Ah law and terms of service my speciality.

As previously mentioned the contract is actualy between the DVLA and the Royal mail and as you are not a party to the contract and the Royal Mail you cannot actually make a claim or sue them.

Inform DVLA that you are refuting service under Section 7 Interpretations act 1978 and as such they are obliged to prove service. If they cannot prove service they as party to the contract as formed between the Royal mail and themselves must make a claim and until such time as a claim is accepted they are considered to be liable for any and all cost incurred. Point out to the DVLA that not only must they prove you received you license they must also in the case that they can't prove it prove that they sent it by an acceptable mail service type and provide a 'proof of posting' certificate for the item. A signed sheet for a bag of mail is not acceptable as proof of posting.

<edit>Submit DVLA with Magistrates court<edit>


Thanks for the advice. You seem to know your stuff.
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Kwaks
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PostPosted: 12:21 - 16 Mar 2011    Post subject: Reply with quote

You been played as neither PO or DVLA have seen fit to inform you the contract is between them, thus leaving you as the only one out of pocket.


You contract is with DVLA, let them sort it out with PO AFTER they supply you with what you paid for.
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sickpup
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PostPosted: 05:26 - 17 Mar 2011    Post subject: Reply with quote

As it's a magistrates court I would also point out to them that you will if required get on of their magistrates to witness an oath that you didn't receive the license but this would be considered VERY cheeky. Twisted Evil
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Rogerborg
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PostPosted: 21:57 - 17 Mar 2011    Post subject: Reply with quote

apple tango wrote:
Rogerborg wrote:
Royal Mail's contract is with the sender, not the recipient. Your contract is with the sender. You bin played, sucka.


How have I 'bin played', you pleb?


You accepted their story that you are responsible for chasing it up with Royal Mail. Classic eBay ploy as well. Until the item is in your hands, responsibility lies with the sender. You slubberdegullion.
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MinhDinh
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PostPosted: 07:20 - 18 Mar 2011    Post subject: Reply with quote

RM are quite rubbish. I had my spanner set from Argos on Ebay, they left it outside my door and a piece of paper that they left it. They drove off within 1 minute. So if someone steals it then I am screwed I guess. Luckily I get to the door within 1 minute.
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