Courier negligence

[CottageHeart]

This is a long story I will try to keep this brief. I've name changed as most people in my area knows this has happened to me.

We have a large garden. The entrance to the drive has a pair of gates and then we have another gate to the garden which is spring loaded so closes automatically.

I was on the loo (tmi but important) and saw the courier arrive to deliver a parcel I was expecting. The courier didn't knock the door just left the card to say I wasn't in and walked off. You can't see our gates from our bathroom window. By the time I had finished on the toilet and got downstairs he had well gone.

We have a medium sized dog and have a cat flap so that the dog has access to the garden as she has toilet issues. If we are at home she can use it freely and when we are out we lock it.

I came down to find our dog not in the house which is not unusual but after some time went looking for her. To cut a long story short our dog had been run over on the lane outside our driveway gate. The driver had left the driveway gates wide open when they clearly say keep them shut. I have no idea how the dog go into the driveway section but I have seen other couriers prop the spring loaded gate open with a brick or similar so that they can carry a parcel through so assume she got out when that happened and then with the driver leaving the driveway gate open she escaped.

I phoned the courier services and told them what happened. The agent said someone from the local depot would contact me. A week later I had heard nothing so I sent another email saying that I found it disgusting that no one had been in contact over this upsetting incident and that inwas looking for compensation to cover the cost of replacing our family dog. Immediately an agent came back stating that as all drivers are self employed it would be the driver that is responsible for paying me. I sent another email back saying that whilst the driver was self employed he was wearing the couriers uniform and driving their van so ultimately the complaint lies with them. I heard nothing back.

Last night I had a text message from the driver. Babbling saying he was a prat and sorry. He said he doesn't work this area normally otherwise he would bring me flowers to say sorry.

AIBU to be really annoyed by this text? Not only that the courier company have given the driver my number but that they think a text from the driver will suffice??

I am so upset about our dog that my emotions are high hence why I'm asking here how you would feel?

I'm really sorry for your loss. I think the guy probably feels awful and is probably now also facing losing his job and livelihood because these jobs are very insecure. I know you are trying to get acknowledgement and recompense from the company, not him, but I think they are unlikely to be found liable and simply unlikely to care. You sound like you had a system that should keep the dog safe, but wasn't completely foolproof and I am so sorry you lost your ddog.

I am very sorry for your loss

To be honest if my dog were run over compensation would be the last thing on my mind. I would be trying to find a more secure way of keeping my dog in the garden. Can you fence in the back garden? Or fence in a path so that visitors never risk allowing the dog access to the road? In my experience the only gates that you can rely upon are automatic gates, I've had people open gates to fields with horses in them and leave them open behind them, so I don't think you have a chance with garden gates and couriers.

The compensation was more of a retaliation to the courier company who completely ignored my initial complaint. Funny how they replied within 5 mins once money was mentioned

I don't think you will get anything out of the company as I would imagine they would worry that an apology would be an admission of liability.

Surely though if the driver was in their uniform and driving their sign written van, the courier company have some liability? Also, giving the driver my mobile number to contact me direct is that no data protection breach?

What is their complaints procedure? Have you reached the end? If they are refusing to speak with you properly about this (over the phone or in person) I'd find a way of reaching out to their CEO/MD

You were responsible for the safe keeping of your dog. Your system in place was not adequate. The onus is on you, OP.

Sorry for your loss OP. However I do think it’s your responsibility to keep your dog safe. I can’t imagine having a system where my dog had access to the garden/outside but that the garden Wasn’t secure. And I’m afraid having a gate that isn’t locked makes it insecure 😟. Sorry

They have certainly breached GDPR by giving your number to the courier without your consent so if you wanted you could complain too the ICO. In terms of liability for letting your dog out I suspect that would rest with the individual courier but I don't know.

I’m sorry for the loss of your dog. However, I’m not sure it’s the drivers fault. Did he open the garden gate to leave the parcel? Or are you saying a previous courier had left the gate open? We have a side gate into our garden which is locked with a padlock. A locked secured garden would have been safer.

I just think that couriers and other tradespeople have to be able to do their job. If you don't want them leaving packages outside the gates, they have to come in through the gates, and they can't be held responsible for your animals escaping while they do that.

It's perfectly possible to train dogs not to go beyond specific boundary points, or if you don't want to do that, to use an electric collar system. But I don't think you can blame other people for simply doing their job.

I think as you were expecting a delivery and didn’t know where your dog was, then you can’t put all the blame on the courier. And how long was it till you went looking for him as you say “after some time” in your post?

I dont think you can blame the courier.

The delivery happening as it was ( and you were well aware that it happened, you saw him) the first thing i'd have done was go and pick up the parcel and make sure the gates were shut.

Sorry for the loss of your dog.

Firstly you need to make your complaints via the correct channels. The data breach is something you are definitely correct about.

The very sad situation regarding your dog is much less clear cut. Do you really want the driver to lose his job? Possibly you do right now but consider the implications for his family. He’s obviously scared and upset.

Money won’t return your dog. Mourn him and tighten up your dog proofing before you replace him. Puppies are even worse for escaping.

If it is possible for a courier or anyone else to open a gate out of which your dog might be looking to escape, then sorry OP, it’s on you. Much as I sympathize with your grief st the loss of your dog. Asking for compensation is just weird.

I'm so sorry to read this, (((OP))) I know how losing a dog can break your heart.

I don't think you're being unreasonable at all in being beyond furious with the courier company if you're sure they left the door open when there's a sign on it saying that it must be shut, but I can't quite picture the set-up with the gates, and you've said you don't know how your dog got into the driveway section.

You could speak to a solicitor, but in your situation I would try to just move on, as becoming embroiled in a legal argument at a time when you've lost your family pet is going to perpetuate the pain. I know this well because when my dog died two years ago I had to become involved in an argument with her insurance company (they repudiated a claim, wrongly trying to argue that she had a pre-existing condition). I was ultimately successful but it took months, and it wasn't until after the argument was over that I was able to start trying to get over the loss of my pet.

It's always easy to be wise with hindsight, but in future I would want to mention on the sign on your gate that the gate must be closed because there may be a dog in the garden, which might escape if the gate is not immediately closed.

I'm very sorry for your loss

p.s. and looking at previous postings, I would not personally be concerned about what might happen to the courier. Your concern is your family, which included your dog. The courier's family is his own concern.