Parcelforce clearance fee - help!

[Windle]

Standard fee as per their website


If we receive a parcel from overseas for import customers, we will pay any Customs duties and taxes on their behalf to HMRC.* However, we will require payment for this, together with our Customs clearance fee, before the parcel can be delivered to them.* Parcelforce Worldwide charges a Customs clearance fee which helps cover the cost of additional handling, administration, collection of monies and provision of facilities for Customs clearance of packages.*
We have two levels of clearance fee for import parcels.* There is a charge of £13.50 for express parcels imported through the EMS (i.e. International Datapost equivalent) and GLS (i.e. Euro 48 equivalent) networks and also for high value standard parcels (valued at over €1000).* For all other import parcels, an £8 charge will apply.

 

[Lopéz]

Interesting this topic should come up as Parcelforce are holding a package of mine which is subject to £5 import VAT however I wasn't happy about their 'clearance fee' either.

Before the Postal act 2011 came in to effect in November last year, the fee could be challenged and it was Parcelforce's policy to ask for the fee, however if a customer refused to pay their clearance fee and only the customs charges, their item would be released. It seems they have now updated their policy in accordance with the updated act of 2011 and will refuse to release any items until all fees have been paid. By all means challenge it but I'm not sure how far you'll go. Someone else here might be able to give you some more advice.

@Lopez

Since you said they're not covered by the Postal act does not mean that their 'handling fee' can be challanged or have I misunderstood some of the previous posts?

No, it means you have even less chance of challenging it. It's totally unregulated in the courier industry. Parcelforce aren't regulated by the act according to Ofcom, to the best of my knowledge.

 

[Rroff]

Regardless afaik once the item is despatched it becomes your property and the courier can't hold it to ransom and must release it if asked. They are still within their rights to charge for the service tho and you will still owe the debt to them.

 

[Lopéz]

Regardless afaik once the item is despatched it becomes your property and the courier can't hold it to ransom and must release it if asked.

Where did you get that information?

 

[[TW]Fox]

Where did you get that information?

Same place 70% of the internet get 'facts'

 

[Lopéz]

Same place 70% of the internet get 'facts'

Indeed.

Let's just say I pay TNT to deliver a parcel to you. The parcel goes out for delivery, and I suddenly realise that you are not the sort of chap I want to do business with.

Too late, the parcel is now "yours" and so they are legally obliged to deliver it.

No. Just no. We stop thousands of consignments a week because the senders have changed their mind about having them delivered, we are absolutely not obliged to deliver them by some law that does not exist.

 

[MrKeeno]

Regardless afaik once the item is despatched it becomes your property and the courier can't hold it to ransom and must release it if asked. They are still within their rights to charge for the service tho and you will still owe the debt to them.

This is a load of crap basically.

 

[AzZ]

Azz thats the 1st I heard of that m8. I think the only thing that I seen challenged that got a result was the actual customs charge being reversed. That then could make the handling fee invalid but as far as I know if the custom charge stands so does the handling fee.

Quite a few stories of people getting the clearance fee waived before the loophole was closed last year. I think there was a clause somewhere in the older act saying they couldn't hold an item for ransom (not the exact words obviously) those challenging the fee usually used that argument and their item was released. Whether Parcelforce chose to invoice them the clearance fee after realeasing their parcel was their own business.

 

[AzZ]

No, it means you wont have much luck challenging the handling fee, because its part of the contract of service with them.

No, it means you have even less chance of challenging it. It's totally unregulated in the courier industry. Parcelforce aren't regulated by the act according to Ofcom, to the best of my knowledge.

Thanks.

 

[Rroff]

Where did you get that information?

Well I might be wrong on that - but the legal dept. stance at work in these cases has been that withholding property in lieu of a debt without a court order is illegal.

 

[ubersonic]

Why aren't they?

I never posted what you quoted, its put my name on somebody else's post :S

Regardless afaik once the item is despatched it becomes your property

Awesome, im going to post cocaine to Ed Miliband and grass him up for possession!

 

[MrKeeno]

Quite a few stories of people getting the clearance fee waived before the loophole was closed last year. I think there was a clause somewhere in the older act saying they couldn't hold an item for ransom (not the exact words obviously) those challenging the fee usually used that argument and their item was released. Whether Parcelforce chose to invoice them the clearance fee after realeasing their parcel was their own business.

New one on me anyways and I have literally heard every demand/story in the book. Never made a bit of difference and the advise I passed on was to contact customs and dispute it with them.

The biggest charge I ever dealt with was 1.5k. I had to call the guy and ask if he was sitting down He didn't sound surprised at all and just asked how he could pay. At the end of the call I had to ask him what was in the box, he told me it was some original studio recordings that were unedited for Michael Jackson, apparently worth a fortune. Sound man he was too

 

[mejinks]

Nobody going to say that you have a contract with the sender, and they with their courier?

I too don't agree with the policy of charging, I would rather sort out import duty myself, but hey ho, I don't have the money to buy a politician so I can make policy into law.

 

[Lopéz]

I never posted what you quoted, its put my name on somebody else's post :S

Something went wrong with Multiquote, sorry. Don't worry, I knew I was quoting arknor.

 

[Rroff]

No. Just no. We stop thousands of consignments a week because the senders have changed their mind about having them delivered, we are absolutely not obliged to deliver them by some law that does not exist.

Wait... once an item is despatched from a company under current consumer law it becomes the property of the receiver? thats what we've been taught anyhow and I'm pretty sure stands up under consumer contract law... the sender can't recover goods from the courier once despatched except with the expressed permission of the receiver.

If your doing this you probably should check your legal position because I'm pretty sure this is illegal.


EDIT: Actually this would depend on the contract that existed between the sender and receiver, if it was a private transaction then the terms of the contract could be different and upheld under law I guess.

 

[MrKeeno]

Nobody going to say that you have a contract with the sender, and they with their courier?

I too don't agree with the policy of charging, I would rather sort out import duty myself, but hey ho, I don't have the money to buy a politician so I can make policy into law.

If there was a system in place where all this was calculated before the parcel was sent and all relevant charges paid up front it would make a lot of sense. Then the contract could be with the sender and all this hassle could be avoided. Unfortunately you will still have the problem with the sender saying the item is worth $10 when in fact it could be worth $100's

On the other point of not agreeing with the charges, just trying to get through to customs on the phone is a pita, imagine trying to organise payment of charges as well as collection and delivery of your parcel. You would soon revert back to the current method

 

[MrKeeno]

Wait... once an item is despatched from a company under current consumer law it becomes the property of the receiver? thats what we've been taught anyhow and I'm pretty sure stands up under consumer contract law... the sender can't recover goods from the courier once despatched except with the expressed permission of the receiver.

If your doing this you probably should check your legal position because I'm pretty sure this is illegal.

Do you seriously think customs and couriers could still be doing this if its illegal? The couriers pay your charges on your behalf and need their money paid before they deliver it. Simples

 

[Rroff]

Do you seriously think customs and couriers could still be doing this if its illegal? The couriers pay your charges on your behalf and need their money paid before they deliver it. Simples

That post wasn't directly related to items coming through customs... however - most people won't challenge it and simply pay up (and aside from the fees being somewhat high theres no reason to not pay up really).

problem is here - while the laws that lopez and others have posted may and in most cases are correct theres more than one aspect of law that covers this area and what might be covered by one area may fall foul of another.

 

[Lopéz]

Wait... once an item is despatched from a company under current consumer law it becomes the property of the receiver? thats what we've been taught anyhow and I'm pretty sure stands up under consumer contract law... the sender can't recover goods from the courier once despatched except with the expressed permission of the receiver.

Which consumer law?

 

[MrKeeno]

The only items that have charges placed on them are parcels that come through customs though.