A seemingly harmless favour can spark a ‘legal pass-the-parcel’ if items turn up damaged or later go missing, experts warn
Shoppers are being warned they could accidentally sign away a neighbour’s consumer rights – or even face a legal wrangle themselves – by agreeing to take in parcels. With delivery drivers racing to meet Christmas deadlines, many households will be asked to accept packages for people living next door.
But parcel experts say that a seemingly harmless favour can spark a “legal pass-the-parcel” if items turn up damaged or later go missing. Parcelhero’s Head of Consumer Research, David Jinks, said: “Few things are more annoying than getting a card telling you that you missed your delivery and you’ll have to travel miles to a depot that shuts at midday.
“Many of us are relieved when neighbours sign for our deliveries so we happily do the same for them. However, what happens if that parcel is damaged or goes missing? The consequences could surprise you. Goods are the responsibility of the retailer/seller while they are in transit, until they are signed for by the buyer or their nominated neighbour.”
He added: “Ideally, therefore, we and our neighbours should always check parcels to ensure they are intact before agreeing to accept them or signing. In practice, few have the time to check every package. However, if the parcel looks in any way damaged, it really is best to refuse acceptance or, at the very least, write ‘arrived damaged’ when you accept.”
He warned that consumers have stronger rights if a courier leaves a parcel with a neighbour without permission. “If the courier has left an item with a neighbour without your permission – even if signed for – you can argue that, by leaving it at a different address, it is still undelivered and therefore remains the responsibility of the seller or courier,” he said.
“However, things are trickier if you gave the seller or courier permission to deliver to a nominated neighbour.” However, he stressed that “even if your neighbour has signed for an item, they haven’t waived all your consumer rights”, adding that highlighting visible damage helps but “is not a legal necessity”.
Complications can arise if parcels vanish after being signed for. Mr Jinks cited one case where an elderly man took in a delivery for a neighbour, went out, and later discovered his home had been burgled and the package stolen.
“The seller tried to argue that the neighbour had failed in his duty of care because he had signed for the parcel but had failed to keep it entirely secure. The neighbour’s insurance company also argued that because it wasn’t his property, the package wasn’t covered so they were not about to pay up either.”
But legal advice was clear, he said: “Looking after someone’s property means you are under a duty to take reasonable care of the property but the risk of loss or damage stays with the owner.”
Another flashpoint comes when neighbours deny receiving a parcel despite the courier recording a signature. Mr Jinks said: “Providing no permission was given to deliver to this particular neighbour, no matter if they flatly deny ever signing or claim they later left it on your doormat, the retailer must send you a new item.”
He added that people are within their rights to refuse to take in parcels at all – even displaying a sign stating they do not accept neighbours’ deliveries – though “that sticker in your window might not make you the most popular person in your street”.
If you do agree to help, experts advise at least checking for visible damage and storing the parcel securely until collected. Mr Jinks also urged households to plan their own festive shipping. Many couriers, he said, recommend a collection date of December 19 for popular European destinations.
