How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23699
Experience:  Senior Partner at Berkson Wallace
11292137
Type Your Law Question Here...
Stuart J is online now

Im after some legal advise, im in birmingham, I have

Customer Question

hi
JA: Hello. How can I help?
Customer: Im after some legal advise
JA: Where are you? It matters because laws vary by location.
Customer: im in birmingham
JA: What steps have you taken so far?
Customer: I have contacted the police
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not that I can think of
Submitted: 6 days ago.
Category: Law
Customer: replied 6 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 6 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 days ago.
I had stock go missing which turned up at an auction site being sold online, so I contacted the police and they opened an investigation. The police found the goods had gone missing during transport and ended up with DPD who then sold them on to the auction house. All the goods are branded with our company logo and website, DPD failed to do proper checks to find the owner before selling them to the auction house. The auction house has since sold all the goods and these buyers now want to sell them online also. I want to know what recourse I have against dpd and how I can stop these buyers who purchased off the auction house from selling them? All goods are branded with our copyright protected brand and logo, at no point did we agree for the goods to be sold to the auction house by dpd or for the auction house to sell them
Expert:  Stuart J replied 6 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Do you mean DPD the courier company?

and what were the goods?

Customer: replied 6 days ago.
that's correct DPD the courier company, the auction house is John Pye. The goods are plastic protectors for toy collectibles which are branded with our company logo and website
Expert:  Stuart J replied 6 days ago.

Thank you.  I need to know the relationship that you have with DPD.

If DPD were carrying them, it would appear that the labels got removed for whatever reason and they are now getting rid of them because they couldn’t identify who they were to go to or come from.  Is that it?

To my mind, you have a claim against DPD in breach of contract and for breach of the Supply of Goods and Services Act for them failing to carry out the job with reasonable care and skill.

That would be for the full value of the goods not just what they were sold for.

I think it’s absolutely incredible that the courier company put stuff in the option which clearly doesn’t belong to them, and they pocket the money.  To be frank I would even go further to say that DPD have stolen the goods because they know that the goods do not belong to them.  However good luck with the police because the police will simply say it’s a civil matter.  They would rather spend time catching people speeding and doing anything meaningful.  I have no faith in the police.

In my opinion however these goods are stolen and the buyers have purchased stolen goods although the auction house should have insurance to cover this refund the buyers.

If it was a legitimate purchase (which in my opinion it isn’t) even though these are branded with your logo, you cannot stop people selling them.  However this is not the case here.

What you can do of course is make an application to court to compel them to return the stolen goods to you and they would have to then take it up with the auction house and DPD/seller with a view to getting the money back.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 6 days ago.
Our goods are custom made in china and imported from there. I hired a Chinese shipping agent through Alibaba to take care of this, they used the shipping company DCG logistics to deal with the shipment when it arrived here in the uk, this is who lost the pallet in the first place but somehow it ended up with DPD. The police contacted DPD who said these aren't stolen they ended up with us and went to lost and found they should of been destroyed but weren't!! (FYI the guy at DPD was ex-police) The police didn't go any further once they were told this by an ex one of their own.
Expert:  Stuart J replied 6 days ago.

Thank you for the explanation.

It doesn’t change my answer.

In my opinion that if these just ended up with DPD, DPD know that they do not own the and yet they took it upon themselves to sell them and pocket the money.

The offence is theft by finding.

Customer: replied 6 days ago.
Thanks, ***** ***** this, if I wanted to proceed with you how likely would we be able to win? knowing the police investigation has concluded putting it down to a simple "mix up" issue. The open market value of the one pallet was just under £20,000 it's a massive loss for our small family-run business.
Expert:  Stuart J replied 6 days ago.

You never know what’s going to happen when it gets into court.

However your claim is against the DCG because they are the ones who are in breach of the provisions of the Supply of Goods and Services Act for failing to carry out the job with reasonable care and skill.

There is no such thing as a simple mixup as you.

The criminal case however is against DPD because as I said before, they knew that these items didn’t belong to them and yet, they went ahead and sold them and pocketed the money.  You can’t just find something which has been abandoned and make money from it.  Theft by finding.

I just cannot see how they can justify hanging onto the money.

Customer: replied 6 days ago.
The DCG claim would be difficult as the Chinese hired them and I hired the Chinese and I;m still trying to resolve this with Alibaba also.What rule of law has DPD broken or is it a case of just theft? the ex-copper at DPD explained to the policeman investigating that they have millions of parcels everyday and couldn't possibly check or find out where they came from! yet they have time to sell them on and like you said pocket the money. Now I have a load of sellers waiting to flood the market with our stolen goods
Expert:  Stuart J replied 6 days ago.

I’ve already said what the law was, in my opinion it’s theft by finding.

Let me exaggerate to prove the point.

Let’s say for arguments sake that I suddenly find a whole load of gold bars on my front lawn because some bouillon robbing getaway driver decided to throw them out of the window as he was being pursued by the police.

They don’t belong to me just because they happen to land on my lawn.

Let’s take the same gold bars which for some reason (unexplained, ended up with DPD- I don’t how they ended up there and not with anybody else or not with you!)  What makes them think that they can have a Beano with somebody else’s goods which clearly don’t belong to them and that they can sell them and pocket the money.  I find the suggestion but DPD are in any way blameless, somewhat bizarre.

DPD did not have title to the goods which were sold quite simply because they didn’t own them.

Theft is defined as:

1 the dishonest
2 appropriation of property
3 belonging to another
4 with the intention of permanently depriving.

That fits because they were certainly acting dishonestly because they knew that the goods were not theirs.

They appropriated them.

They belong to somebody else.

They have sold them so they clearly intended to permanently deprive you.

To my mind it’s clear theft by DPD I would be making a complaint to the Chief Constable about the police’s refusal to prosecute.

Customer: replied 5 days ago.
Hi Stuart thanks for this, so this would fall under a criminal act and need to be dealt with by a criminal lawyer?
Expert:  Stuart J replied 5 days ago.

It would be for the police to bring a civil prosecution.  Private prosecutions are possible but they can only lead to a criminal conviction if they get taken over by the CPS.  I wouldn’t go there.

To my mind this is civil litigation against DPD who have been unjustly enriched

Customer: replied 5 days ago.
basically I have to try and get the police to bring a civil prosecution against DPD, can I demand this even if they have concluded this is as a "mix up"
Expert:  Stuart J replied 5 days ago.

You can demand all you like but whether they will take any notice or not is a different thing altogether.  Make a complaint to the Chief Constable of necessary.

It is not a mixup.

They have received goods which do not belong to them.  They have sold them and they have pocketed the money.  No mixup.

Customer: replied 5 days ago.
here is the lost property disclaimer from the dpd website which is basically what they explained to the police
Lost Property
The Lost Property Department will use all reasonable endeavours to trace the relevant customer or consignee of lost item(s) ('Lost Property').In the event a customer or consignee cannot be traced, Lost Property received is controlled, recorded and stored for a period of 6 weeks or 12 weeks where the Lost Property is a mobile phone.
Lost Property will be secured until any claims have been satisfactorily resolved within the storage period, following which Lost Property is disposed of either by DPD, or a third party designated by DPD (including auction by an accredited auctioneer, or reset/cleansed before re-sale) or a relevant customs authority, as determined by the nature of the Lost Property.
The Lost Property Department is responsible for providing tracking numbers for any Lost Property that is returned, the entry and control of the Lost Property register including uploading correct details on to the Lost Property website, the storage of Lost Property and - on the approval of the Central Security Manager (CSM) - the disposal of unclaimed Lost Property.
Customer: replied 5 days ago.
however I didnt have a contract with DPD to deliver any goods
Customer: replied 5 days ago.
could they be classed as fenceing our goods also?
Expert:  Stuart J replied 5 days ago.

I appreciate all of that but DPD have no interest in this.  They were simply given it and it didn’t belong to them and it didn’t belong to whoever gave it to them.  Therefore you are not bound by the terms and conditions.

Yes, they are fencing the goods in effect

Customer: replied 5 days ago.
I mean as far as we know someone at DCG logistics could have siphoned this pallet off and gave them to his mate at DPD to sell on
Expert:  Stuart J replied 5 days ago.

A distinct possibility.