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Discovering that a parcel has been stolen from your doorstep or gone astray in the post is undoubtedly irritating. Delivery drivers frequently leave packages outside properties when residents aren’t home, but without proper security measures, items can vanish – whether through theft or failed delivery altogether.
With countless people placing eleventh-hour orders to ensure pre-Christmas deliveries, missing parcels could become an even more common occurrence. But when something marked as delivered fails to materialise at your address, who should you contact? And where does the responsibility actually rest – with you, the courier firm, or the retailer you purchased from?
A TikTok video by law student Sarah, who regularly posts legal guidance on her platform, has shed light on the legislation governing missing deliveries.
Whilst many assume they must pursue the matter with the delivery company directly, Sarah emphasised that your contract with the retailer remains unfulfilled until the parcel reaches your possession – making them your primary point of contact.
She explained: “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 explained that customers are entitled to either a replacement or refund from the retailer should this occur. However, she warned that complications may arise, as retailers often direct customers to contact the courier – despite this being unnecessary.
She advised: “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.”
Viewers responding to the video expressed gratitude for Sarah’s legal guidance, with many voicing frustration over courier firms abandoning parcels on doorsteps, which they consider an insecure delivery method.
One commenter remarked: “This is why I stay vexed when they leave my parcel in the lobby! As if I live there.”
Another responded: “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 Britain, stealing a parcel constitutes a criminal offence under the Theft Act 1968. Legally, it is classified as theft or handling stolen goods, with perpetrators potentially facing fines or imprisonment based on the seriousness of the offence.
Under consumer protection legislation, specifically the Consumer Rights Act 2015, responsibility for parcels rests with the retailer rather than the customer until the item reaches the buyer’s hands.
This means should a package be stolen prior to you taking possession of it, the retailer bears the responsibility and is legally required to provide either a refund or replacement.
There may be an exception to this principle if you have given specific instructions to the courier to leave the item in a designated “safe place”.
Should the item be stolen from your designated safe location, liability may transfer to you, despite not having physically received the goods. However, if the courier deposits the item in the safe place without your express instruction, responsibility remains with the retailer.
