So what was the upshot? I've had one of these ransom notes and have tried calling Parcelforce depot and MD's office.

Both times I got surly responses and a resort to "if you don't pay, we'll send your package back" at every turn.

They claim they are not acting illegally and that they are not bound by a regulatory body, so there is no-one I can complain to that will cut any ice with Parcelforce.

Well, they ARE acting illegally, and two lawyers and our local police agreed. Unfortunately, when the police send it to the Procurator Fiscal (Scotland, not sure what you call them in England - Public Prosecutor? Dunno) the PF reckons it is "not in the public interest" to prosecute them, which is of course, *** - it's very much in the public interest, but is a way of saying I'm too busy dealing with shoplifters and speeding motorists to be bothered with something that would take time and effort. Upshot - if you're big and national like the Royal Mail, you can break the law at will and get away with it with complete impunity.

What a scam! Hopefully it will be like the bank charges and one day Royal Mail will need to reimburse everybody in full.

Guess I'll have to pay it, but going to complain to Consumer Focus, OFT , Watchdog etc. Wonder if the US Embassy is aware of what is effectively an additional tariff on imported goods - collectively American businesses must be losing out on millions in repeat business because of this.

Yes, it's a nice scam for them OK. As soon as I win the lottery, I'll start a private prosecution against them! :-)

Is there anyway we can take this forward because , I have just spent an hour calling MD department as the Solent Depot will not release without full payment.

Which is illegal,

The fact I have no choice but to pay it, is unbelievable at best.

After reading around it has been like this for 4 years, no other mail service charges so much or attempts to not "hold" the parcel until payment.

I have emailed Postcom but don;'t expect much of a reply.

It IS indeed illegal - I've had that confirmed by the police and a solicitor. However, because of the size/muscle of the Royal Mail, the Prosecutor will do absolutely nothing; "not in the public interest" is the usual excuse. And of course, it's very MUCH in the public interest.....

Take it to the police all the same - if it happens often enough, maybe one day.....

Postcom tell me they do not regulate Parcel force which is pretty strange considering I don't have a choice but pay a "tax"

I really am astounded that this can go on ?

I told the sender and they are amazed at the charges ,

I mean I can post an item get it flown across the world for less then it costs them to press a button .

I have had the parcel released without paying for delivery tomorrow so I have not paid anything but I dont think I will let this one lie this time, its really not good enough.

I mean paying VAT on a gift is bad enough. Say you were sent a birthday present by a family member, then you have to pay vat on that is pretty laughable . Considering the person who receives the item has not paid for it, but thats another argument entirely.

I have recently received a letter from Parcelforce for payment of VAT and their Clearance Fee.

I got advice on this from Consumer Direct.

I rang the depot to say I would pay VAT, but not the clearance fee, they told me to ring another number. I rang that number who said that I had to pay the VAT and clearance fee, and then told me to ring the Managing Director's office.

Today I spoke to a woman in the MD's office who said that the full fee was payable, and that if I did not pay it the parcel would be returned to the seller. I told her that I would pay the VAT, and pointed out that it would be a criminal offence to not deliver my parcel. She finally agreed that the parcel would be sent to me on payment of VAT and they would invoice me for the clearance fee.

I repeatedly asked her where the right to charge the Clearance Fee arose from, we both agreed it was not contractual as their contract was with the sender (I suggested they pursue the sender for this fee), and if not contractual it must arise from statute. She told me she did not no where it arose from, but all postal delivery companies levied it and were entitled to. At the end of the converation she said it was levied under S.89 Postal Services Act 2000, which does allow postal service providers to charge for their service, but cannot surely be intended to include charging people with whom there is no contract and who have no prior knowledge that they are to be charged.

Bottom line is that unless someone challenges Parcelforce through the courts they will continue to do it. Harsh reality of the world is that Parcelforce will have more money to spend on lawyers than the usual consumer.

Particularly galling as Parcelforce seem to be now be briefed to repeatedly say 'don't pay and we'll return your package' rather than actually justify why they are holding your package to ransom. I had several pointless conversation with the depot and head office. Post watchdogs don't seem keen to tackle Parcelforce on this one either.

Maybe the US Govt would be interested if someone could compile a figure about how US businesses are losing in repeat business, after people are stung on delivery of their first order.

I am the original poster (geolabuk) although I have had to re-register as it has been so long since I have logged in.

Be assured that in the UK it is legal for the postal companies to charge the handling fee through Customs. It is not legal for them to demand the handling fee before handing over your parcel. This is established in the 2000 Act.

By our law, as it stands today, postal companies must allow you to take your parcel if you agree to pay the VAT only. The postal companies have no right to hold your parcel for the payment of the additional handling fee, this is set out clearly in the section dealing with 'lien'.

In a further section the law states that the postal company only have a civil route to reclaim their handling fee, which means that they have to invoice, and take civil court action if not paid.

I have been through the police route locally, as they (Royal Mail) are breaking criminal law. The police backed me and sent it to the CPS who then refused to prosecute, well Royal Mail is part of the 'Establishment' after all.

I suggest that if anyone has a problem, they print out the relevant sections of the Act as I have stated in my first posts. They should go to the depot, show the workers the law and if they refuse to comply, call the police. Charge the individual worker with 'holding your parcel in lien' which is a criminal offence under the 2000 Act.

You may suggest, before calling the police that the worker telephones his union representative, as I have notified the main unions that Royal Mail is putting their workers at risk of prosecution.

Be assured that in the UK it is legal for the postal companies to charge the handling fee through Customs. It is not legal for them to demand the handling fee before handing over your parcel. This is established in the 2000 Act.

Absolutely correct. It's not the fee I object to, it's the delay.

By our law, as it stands today, postal companies must allow you to take your parcel if you agree to pay the VAT only. The

True, though of course they will not, and your parcel (or small package, remember the PO do this too!) will still be illegally delayed until after you have paid the VAT.

postal companies have no right to hold your parcel for the payment of the additional handling fee, this is set out clearly in the section dealing with 'lien'.

In fact, they have no right to hold it AT ALL - this is a criminal offence (note, criminal, not civil!) - as this is willful delay of the mail. Legally, they should deliver it, and ask for the money on delivery.

I have been through the police route locally, as they (Royal Mail) are breaking criminal law. The police backed me and sent it to the CPS who then refused to prosecute, well Royal Mail is part of the 'Establishment' after all.

Exactly the same for me; backed by the police, who rported the Royal Mail to the PF (Scotland's equivalent of the CPS), and the PF refused to prosecute as "not in the public interest". Yes, right!

How about if there are a few names to present to the CPS from multible compaints etc?

iPaul:

How about if there are a few names to present to the CPS from multible compaints etc?

Sadly I doubt it would make much difference, but anything is worth a go. Remember though, the fee is NOT the problem, it's the retaining of your package/parcel until you pay them. Even if there were no fee, they would still be committing a criminal offence by holding it until you paid the VAT.

Thanks for your reply. Your original post referred to Ss 83, 84, 104 and 105 of the 2000 Act.

Of the above, the only section that covers charges is S.105 which relates (3) to 'Duties (whether of customs or excise) charged on imported goods or other charges payable in respect of postal packets to which this section applies (whether payable to a postal operator or to a foreign administration) may be recovered by the postal operator concerned and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.'

So clearly the VAT as a duty is liable, but any other charges would have to be ejusdem generis, that is of the same kind, other duties imposed. The Clearance Fee is an administration charge and would not fall within this Section of the Act. Alternatively the Treasurery could make Regulations by Statutory Instrument to enable Parcelforce to charge.

I have emailed Postcomm to ask their advice on the legality of the charges.

I have written to the Communication Workers Union at ' info AT cwu.org ', perhaps you should do the same:

Dear Sir or Madam,

It has come to my attention today that your depot workers are still holding overseas parcels from customers and demanding that VAT and handling fees are paid before delivery.

This is a criminal offence under sections 104 and 105 of the Postal Services Act 2000.

Royal Mail is entitled to charge a handling fee but it cannot hold parcels in lien for that fee. If customers refuse to pay the handling fee, Royal Mail only have the right to take civil action, as stated in section 105 of the Act. The customer must pay the VAT only before delivery.

I have contacted your offices previously as I was concerned that your members may incur criminal prosecution for following illegal Royal Mail directives. Please notify your members of the risks.

I have detailed my findings in the following thread on moneysupermarket.com:

http://www.moneysupermarket.com/community/forums/ShowThread.aspx?ThreadID=10938&PageIndex=3&#138336

Kind regards,