Legal Assistance for Shipping Problems | Legal Aid

Questioner

I sent a parcel with valuable contents registered including the additional insurance service via the very well-known postal carrier P. to Andorra on January 2. This shipment is fully in accordance with the shipping conditions: customs forms, invoices and packed in a special carbon-seal bag. Two weeks later, this package is given the status of possibly missing. Another two weeks later, the person in Andorra receives an unregistered, uninsured package, and without contents. This package turns out to be the inner box of my missing package and the information on the packing slip has been used to address it. The sealbag is gone, as is the paperwork. Carrier P. now demands from me a CN24 form filled out by the postal worker in Andorra. P. said that I can find this condition in the Universial Postal Union. In any case, it is not in the general conditions of P.: I have met all the conditions stated here, there is no discussion about this with P. either. My claim can then, and only then, be processed as damages if I provide that form. In Andorra they do not use a CN24 form because it is not a member of the UPU, so I cannot provide this form. Claim rejected, twice now. I defended myself by pointing out to P. that Andorra is not a member of the UPU and that therefore they cannot demand a CN24 form from me. Without success. However: my registered insured package was strictly speaking never delivered, the t&t code also indicates on the internet that it is still with P. P. refuses to treat my claim as missing because he considers it damage, that the package was delivered, albeit looted, so damage. But because I cannot hand over a CN24 form, he 'unfortunately' has to reject my claim. But P. cannot prove anything: no receipt, stamped customs forms, nothing. Since I am a business sender, I cannot turn to the dispute committee of P. I have tried several times to file a complaint, but as soon as the t&t is known, I am fobbed off with the message that this case has already been dealt with twice. My question is: would I be able to successfully defend myself against the rejection of my claim with a lawyer?

Lawyer

You have a shipping agreement with P. who must ensure that the package is delivered correctly. If there is damage, this must be handled via the insurance. If nothing is specified in the general terms and conditions regarding the CN24 form, the sender cannot rely on this and must process the claim. It is also noteworthy that according to the t&t, the package is still with P. while it was supposedly delivered, albeit with damage. P. must therefore prove this. Based on the above, there is a reasonable chance that your claim will be declared admissible. For more information or assistance, please feel free to contact me directly and without obligation.