If your delivery driver leaves a parcel on your doorstep and it’s not there when you open your door, a law student has explained exactly who should contact – and whose fault it is
Finding out a parcel has been stolen from your doorstep or otherwise lost in the post is always frustrating. Couriers will often leave your packages outside your house if you’re not at home when they visit, but if they’re not in a secure place, they can sometimes go missing – either through being stolen or never having actually been delivered.
With so many of us making last-minute orders to get deliveries before Christmas, parcels going missing could happen even more frequently. But if you find that something that was marked as delivered isn’t at your house, who do you complain to? And does the responsibility lie with you, the courier, or the company you bought the item from?
A video on TikTok by a law student aims to answer these questions. The student, named Sarah, often shares legal information on her account, and recently informed her followers of the law surrounding undelivered parcels.
While you might think that you need to chase the undelivered parcel with the delivery company, Sarah insisted that your contract with the seller isn’t completed until the parcel is in your hands – so it’s them that you have to contact.
She said: “The retailer is responsible until the parcel is in your hands. Under consumer law, the seller is responsible for the item until it is physically delivered to you. Leaving it on your doorstep, in a communal hallway, or outside your building is not secure delivery. If the parcel is stolen, the loss sits with the retailer, not with you.”
Sarah said you are entitled to a replacement or a refund from the retailer if this happens to you. However, this might come with complications as the retailer may tell you to contact the courier – even though you don’t need to.
She added: “Take a photo of the empty area. This supports your claim, but isn’t legally required. Check nearby for CCTV, which is optional but helpful. Contact the retailer, not the courier. [Tell them] the parcel was never delivered to me, please arrange a refund or a replacement.
“If they ask you to contact the courier, politely decline. Your contract is only with the retailer. If they refuse, initiate a card dispute, or escalate to small claims.”
Commenters on the video were thankful for Sarah’s legal clarification, as many said they were tired of courier companies leaving their parcels on their doorsteps, as it isn’t secure delivery.
One person said: “This is why I stay vexed when they leave my parcel in the lobby! As if I live there.”
Another added: “I kind of knew this already, but the way you explain it is far better than I ever could. Thanks for this information.”
What is the law around stolen parcels?
In the UK, stealing a parcel is a criminal offence under the Theft Act 1968. Legally, it is considered theft or handling stolen goods, and offenders may face fines or imprisonment depending on the severity of the offence.
For the consumer, the law is primarily covered by the Consumer Rights Act 2015, which places the responsibility for the parcel with the retailer and not the customer until it is delivered to the buyer’s physical possession.
This means that if a parcel is stolen before you have taken possession of it, then it is the retailer who is responsible, and they are legally obligated to offer you a refund or a replacement item.
However, there may be an exception to this rule if you have specifically instructed the courier to leave the item in a designated “safe place”.
If the item is stolen from your safe location, then the responsibility may shift to you, even though you didn’t take physical possession of the item. If the courier leaves the item in the safe place without your explicit instruction, however, the responsibility stays with the retailer.
