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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70418
Experience:  Over 5 years in practice
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I am a delivery driver and left a parcel in garage that was

Resolved Question:

Hi I am a delivery driver and left a parcel in garage that was unlocked however the customer claims it was locked and is now damaged beyond repair. They have a reported to the police as a break and entering and the the police have logged it as a burglary I have offered to fix the lock but they insist the the whole door needs to be replaced as they no longer make the locks, at my cost or court action please advise?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Are you asking if you are liable?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
i have offered to repair the alleged damaged lock I need to know how this would stand in court the door and lock clearly was already broken before I opened it please advise
Customer: replied 1 year ago.
Can you advise?
Expert:  Jo C. replied 1 year ago.

It turns really upon who was believed.

That cannot really be predicted.

They are alleging that you damaged the lock. You say it was already damaged. I can't really say which a judge would prefer. It depends on how you give evidence.

Expert:  Jo C. replied 1 year ago.

It is certainly right to say that they would not get a complete new door if all this needs is a repair though.

Expert:  Jo C. replied 1 year ago.

If the lock was already damaged then there is nothing probative really in the fact that they can produce evidence of damage.

Expert:  Jo C. replied 1 year ago.

Whether they will sue is another matter.

it is a very easy threat to make and much harder to enforce.

Expert:  Jo C. replied 1 year ago.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
With regards ***** ***** and entering have I committed an offence by opening the garage to leave a delivery in a safe location please advise thankyou
Expert:  Jo C. replied 1 year ago.

There is no offence of breaking and entering in the UK. What they mean is burglary and you haven't done that because you didn't intend to steal, rape or cause GBH

What it may amount to is a criminal damage though.

Customer: replied 1 year ago.
Ok this is my last question, if you were me how would you handle the situation do I call there bluff, pay for new door or make an offer as a gesture of goodwill? I believe these people are taking the mickey Please advise thank you for help
Expert:  Jo C. replied 1 year ago.

I wouldn't agree to anything at all.

Asking them for evidence of the 'damage'. It should be fresh if you caused it. It won't be. It will be rusted.

Customer: replied 1 year ago.
I have one more question this really is the last 1. I have drafted a txt that I intend to send I would appreciate it if you would read and adviseHello miss xxxxxx. This is mr xxxxxx just confirming as per conversation that I will happily repair the alleged broken garage lock as shown in pictures that you took. Also I have been advulised by a solicitor not to have any contact with you regarding this matter, and any communication should be made via email. My email address is xxxxxxxxxxx.com please feel free to contact me via this method at any time. Yours sincerely ***** *****
Expert:  Jo C. replied 1 year ago.

Why do you want to offer to pay for the damage?

Customer: replied 1 year ago.
No I don't but I have offered to repair the alleged broken lock which they insist can't be repaired only a brand new door can resolve this ( the current door is old and nasty) I would like to someway tell them that I'm being reasonable but am not accepting the accusation and that if it can't be repaired or they won't accept me repairing( as they have already told they have had it assessed and it's not repairable) then there is no more I can do without stirring up the hornets nest. I have spoken to experts who believe they are clearly trying to screw me over. I would like to end the dialogue with them politely. So far I have only had direct conversations with them so do not want to say anything that might mitigate myself please help
Expert:  Jo C. replied 1 year ago.

But surely you didn't break it?

All you are doing by sending that is giving them evidence to use against you as they will say you are accepting responsibility.

Customer: replied 1 year ago.
I don't want to do that. Shall I just block there number and sit tight? I have given them my name address and phone number as they were harassing my works office. I didn't feel I had anything to hide. I'm prepared to just ignore them if this is the best course of action?
Expert:  Jo C. replied 1 year ago.

I think I would probably write or text saying no more than that you don't accept causing any damage and that if they disagree they should sue.

Customer: replied 1 year ago.
Ok thank you for time it's much appreciated I shall sit on it for the weekend and then txt them on Tuesday as its a bank holiday thanks again
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

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