In the modern era of distance trading, transport companies have taken the leading role. An ordinary consumer does not encounter them so often: most often, the organization of delivery of goods is carried out by the seller, who is responsible to the buyer for the safety of the goods.
At the same time, from time to time, ordinary citizens also have a need for transportation services: when moving, they need to transport things, send a parcel to another city, etc. In this case, you will have to conclude a transportation agreement with the shipping company directly. One of the largest Russian transport companies is, which works with both citizens and enterprises. We will try to figure out how to write a claim to a transport company in a variety of situations.
To use transport services, a cargo transportation contract is concluded between a transport company (hereinafter referred to as TC) and the shipper. The terms of this agreement must comply with legal norms and in no way violate the rights of the parties to the agreement.
This means that, first of all, it is necessary to study the legal framework and rely on the provisions of the law if the terms of the contract contradict them.
Thus, the contract form for freight forwarding services, which is offered to its clients, contains a paragraph stating that disputes with individuals are subject to consideration:
- In the district court of the Basmanny district of Moscow, if the dispute is within the jurisdiction of the district court;
- In the Magistrate's Court District No. 360 of the city of Moscow, if the dispute that has arisen falls within the jurisdiction of the Magistrate's Court.
I need to write a claim on the PIK website, I can’t find it.
2.1. Claims similar to yours are written in free form addressed to the company, indicating your full name, address and contact phone number. The text of the complaint indicates your dissatisfaction, questions or demands with justifications.
3.1. If in Kratz, then at least they can pay “something”.
For example, shipping costs if you paid for them. I would still advise you to write a claim and it is advisable to attach copies of some documents for the goods, for example about payment, if any.
Write the claim in two copies, keep one for yourself with Their mark on acceptance of the claim. The articles of the Civil Code of the Russian Federation on which one can rely are: No. 796, 797, 458.
4.1. They will be co-defendants, write a claim to both, one delivered the cargo improperly packaged, the second accepted it for transportation, improperly packaged.
5.1. Eugene. If the pre-trial, Claims dispute resolution procedure has been followed, the next “step” is going to court.
6.1. It is very difficult to briefly describe how to correctly file a claim.
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And besides, I am convinced that it should be drawn up by a lawyer. Contact a lawyer on our website personally or write to him by email.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
mail (usually it is indicated under the answer), he will help you draw up a claim, give all the necessary explanations, and, if necessary, provide legal assistance until a court decision is made.
6.2. To draw up a claim for recovery of penalties and money paid, you need to familiarize yourself with the documents for the order, are they all available?
7.1. Take from the repair shop a report or conclusion about the impossibility of repair, a receipt or check for payment for the examination, include the cost in expenses, if they refuse to pay voluntarily, go to court.
7.2. In this case, file a claim in court for compensation for material damage caused by damage to the cargo.
8.1. First of all, you need to refer to the insurance contract and this must be recognized as an insured event in order for the insurance company to pay you the insurance.
8.2. _Hello! It’s good if the insurance company pays you for the damage voluntarily, but to officially receive insurance or collect it in court, you definitely need a certificate of the insured event. There is no need to solve the problem yourself; hire a specialist.
8.3. Here you need to read the insurance contract and the delivery contract; if you have all the points documented, then contact the insurance company with a statement and photographs. If there is a refusal, then go to court.
9.1. The claim is written in free form, indicating the actual circumstances. But if the sender of the cargo was not you, but the seller, then your claim will not have any significance since you cannot make any claims for the execution of a contract to which you are not a party. You need to contact the seller with a claim.
10.1. Indicate the name of the organization, your data, the data of the concluded contract, its date and number, the duties of the carrier and an indication of failure to fulfill obligations, then your requirements. The claim is in two copies, the second one for them to sign.
10.2. The PEC transport company mistakenly gave my cargo to another person, how do I write a claim correctly? the claim is written in any form. The main thing is that it reflects the essence of the problem and the requirements you state.
11.1. Write them a reasoned claim with your demands addressed to the manager; if they do not satisfy it, file an application with the court.
11.2. If all the documents are in hand, then send a reasoned claim. If refused, file a lawsuit. There is no other option.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
12.1. You need a correctly completed statement of claim, documents confirming the transportation and cost of the goods, and a response from the transport company.
13.1. The claim is filed in accordance with Art. 131.132 Code of Civil Procedure of the Russian Federation. Documents confirming ownership of the smartphone. Documents confirming the cost of the smartphone, an agreement with the PAK, a copy of your claim to the PAK, a written response from the PAK. etc.
13.2. The available documents for the iPhone and the fact that you handed it over to the PIK, the cost of the lost iPhone, taking into account wear and tear, matters; this can be established by an examination.
13.3. Submit a written statement to the police or prosecutor's office and ask to verify the legality of the claims. It will be clear based on the test results.
13.4. They are simply extorting money from you. File a complaint with the prosecutor's office. The complaint is written in any form (in your own words), submitted by mail or delivered in person.
14.1. If the text of the agreement indicates jurisdiction, then you need to file a lawsuit in accordance with this jurisdiction.
You can send your claim by mail. If you, as an individual, have entered into an agreement with a transport organization for transportation for personal purposes, only then can you file a claim for consumer protection at your place of residence.
15.1. Sergey. Competently - this is in Russian, observing grammar and spelling. If you are an individual - in accordance with the Federal Law of the Russian Federation; If a legal entity - in accordance with the Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation.
15.2. The claim is submitted to the head of the company in two copies. You can send a letter with an inventory and notification. For a more accurate answer, it is necessary to study the available documents and the circumstances of the case.
16.1. submit a statement of claim to the court, you can either draw up a statement of claim yourself in accordance with Article 131. Form and content of the statement of claim, or order it in a personal message to any website lawyer of your choice. Good luck to you.
16.2. Missing the deadline for filing a claim does not deprive you of the right to go to court with a claim for recovery of damage caused, Articles 15 and 1064 of the Civil Code of the Russian Federation. In the claim, indicate the reason for which this deadline was missed.
17.1. You must file a claim and a lawsuit.
18.1. Thanks for your question.
In your case, you need to file a claim in court. If this is important to you and you have the financial opportunity, then you should come and get legal advice on your documents so that you can reliably know what is the best course of action.
We know how to solve your problem and will always be happy to help you! All the best!
18.2. File a claim in court, naming both the seller and the carrier (PIK) as defendants.
19.1. You can’t with an amount increased 10 times. You can only confirm the actual documentary value. Contact us.
19.2. If the value of the cargo is not declared, then the forwarder’s liability is in the amount of the actual documented value of the cargo
, and if you cannot confirm it with documentation, it is determined in units of account based on the weight of the cargo.
20.1. As I understand it, you are a physical person.
face? Have you drawn up a report of damage/damage to the cargo? I hope you have an order for the forwarder in your hands and you haven’t submitted it to PIK with a claim? Go to court. The amount can be recovered more than the declared value if you have documents confirming the purchase of this cargo.
Contact us, we will solve your issue. Recently we were charged from PIK for damage to a spare part, only the spare part was used.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
They also collected for paid transportation, moral damages, and a fine under the Federal Law on the Protection of Consumer Rights, since the customer was an individual. face, and legal services.
20.2. File a lawsuit if there is a response to the claim.
21.1. It is advisable for you to contact a lawyer in person.
21.2. Once a refusal is received, it means you have already contacted PIK with a claim. There is no need to write objections to the refusal; go to court with a statement of claim.
21.3. In order to help you, you need to read the documents.
22.1. Refer to Art. 309 and 310 of the Civil Code - failure to fulfill a contractual obligation.
23.1. You are entitled to compensation for all damages. The main thing is not the text of the claim - the main thing in Pika is to correctly draw up the act, attach photographs and, better yet, a video. Be sure to record the index of your cargo on the packages (it must match the documents).
23.2. In writing, write based on the law.
23.3. Write your claim either electronically (so as not to waste time) or send a copy by mail with a notification and a description of the attachment.
In your claim, calculate the amount of damage (if it cannot be restored, then the approximate cost of the same property, taking into account wear and tear). Subsequently, if you go to court, a commodity examination will still be carried out.
23.4. It is written in free form. You can count on the full cost of the cabinets.
25.1. If it was simply not delivered, then demand a refund of the money you paid; if the cargo was stolen, then you need to write a statement to the police.
25.2. Assess the damage and file a claim in court.
26.1. It is necessary to decide on the claim requirements, and then draw up a claim in 2 copies, one of which should be handed over to the head of the PIK against signature, who will avoid receiving it, offer to write a claim on the company form, etc., which you are not obligated to do. This company was sued and sued successfully. Good luck to you.
26.2. Write in free form, one copy for them, the second with a note of acceptance for you.
A situation where the cargo is damaged or delivered on time can be resolved by filing a claim from the transport company for a delay in delivery, a sample of which we will consider below. Cargo delivered by transport companies can be damaged, stolen, spoiled, or even completely lost. Therefore, such a claim will help to find out why the cargo was detained, and further recourse to court is also possible.
Required documents
To file a claim with TC "PEC", it is necessary that these violations be documented. Otherwise, even if you are absolutely right, it is unlikely that you will be able to recover your losses. Therefore, before writing a claim, it is important to correctly accept the damaged cargo or make sure that you have documents on hand confirming that the cargo was not delivered.
Thus, before writing a claim, make sure that you have the following documents:
- contract for transport and forwarding services with TC "PEK";
- forwarding receipt "PEC". This is a document confirming the transfer of cargo to the carrier;
- inventory of cargo according to the “PEC” form;
- a report on discrepancies in the quantity and quality of cargo, if the complaint is about the condition of the cargo. Any discrepancies must be recorded in the act. When accepting a shipment, you must check:
- integrity of the packaging. If the packaging is damaged, it is necessary to record this in a photograph and only then open it and check the condition of the cargo itself. If there is damage on it, also take photographs. It is better to include information about the photography carried out in the report;
- if the cargo is large and takes up several places, the number of places corresponds to that specified in the accompanying documentation;
- acceptance certificate, if the claim is about delay of cargo by TK PEC. Before signing the act, you need to carefully check the specified dates so as not to sign the act “retroactively”;
- documents confirming the value of damaged or lost property. If additional losses are claimed, they must also be confirmed.
How to write a letter of claim to a transport organization
When the carrier receives goods from the client, he takes responsibility for it. In case of failure to fulfill the terms of the service, the recipient has the right to file a complaint with the carrier to compensate for the damage caused.
When receiving the cargo, you need to look at the packaging: is it intact or there are places where it has been opened. Check the documents for the cargo, if any shortcomings or damage were found, record everything in the report in the presence of a warehouse employee.
The claim to the transport company must include:
- date, place where the product was issued;
- information about the recipient of the product and its carrier;
- the cost of the product itself, which is confirmed in the documents;
- description of all defects and damages;
- reasons for cargo damage.
The application is signed and the date is indicated. If the situation cannot be resolved peacefully, the recipient can go to court.
The claim must be submitted in two copies:
- One is for the cargo carrier.
- The second is for the client.
It would also be a good idea to take photographs of all damage as evidence. And based on the drawn up report and photographs, you can write a complaint to the carrier who delivered the goods.
In what cases can you file a claim with the carrier company?
A claim for failure to comply with the terms of the delivery contract to the carrier company is the main type of protection of the buyer’s rights, since drivers very often do not admit guilt, and, moreover, things for transportation are rarely insured.
It is necessary to competently draw up a claim, which is based on the act of receiving the product bilaterally.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
The law establishes the following reasons for which you can write a statement:
- The cargo and packaging were damaged.
- Delivery times previously agreed were violated.
- Contents damaged during transportation.
- Loss of goods.
For example, the PEK company is one of the best transportation companies in the country. But unfortunately, you can find negative reviews about late delivery of cargo and other violations of this company. When faced with such situations, you can write a complaint.
How to file a lawsuit against PEC?
If TC “PEK” does not admit its guilt and refuses to fulfill the requirements that you specified in the claim, the damages will have to be recovered through the court. The court will side with the consumer if all the necessary documents are available and make a decision to recover the funds claimed by the plaintiff.
Important! A statement of claim is a more complex document, the drafting of which requires knowledge of judicial practice, and not just legal knowledge. Therefore, it is better to entrust the drafting of a statement of claim to experienced lawyers.
Deadlines for filing a pending claim
- reasons for the violation;
- type of transportation, transport;
- conditions specified in the contract.
The claim procedure is required before submitting a statement of claim to the transport company. Therefore, you need to plan to file a complaint in such a way that the period during which it will be considered ends before the limitation period. For transportation, it is one year.
The law stipulates the following deadlines for filing a complaint:
- In case of loss of cargo - 30 days after the end of the delivery period or 10 days if delivered by air. With a mixed method - 4 months after receiving the goods.
- In case of damage - from the moment of receipt of the goods.
- In case of violation of the agreed delivery times - the day when the delivery time ended.
A complaint for property damage must be filed within 6 months. To collect fines, debts, penalties, arrears, and debt obligations of the supplier, you must submit a claim within 45 days.
The period for consideration of a complaint by the transport company is 30 days from the date of receipt.
If the applicant does not receive a written response within the required time frame, a claim can be filed in court.
For international air cargo transportation, the rules are slightly different. A claim for non-compliance with the terms of the delivery contract is limited to one week for luggage and two weeks for cargo. If delivery deadlines are not met, the period is 21 days. For lost luggage – 18 months.
The most important aspects of the claim procedure
The first thing worth mentioning is that before filing a lawsuit, the transport company’s claim for damage to the cargo is mandatory.
If you do not carry out the claim procedure and immediately go to court, the statement of claim may be left without consideration and returned back. Pre-trial proceedings are established by law as an integral part of resolving such disputes.
The second thing you should pay attention to is the type of transport used for delivery. Each type has its own characteristics, including mixed delivery.
The third circumstance that plays an important role is the timing of filing a claim and the time within which the carrier must respond to it. Be careful, it is not advisable to violate them.
In conclusion, let us warn you that PECs have very experienced lawyers among their employees, and it is quite difficult to resist them alone. Therefore, the right decision would be to level the odds and use the services of a law firm.
Be sure to share with your friends!
Claim of the transport company for loss of cargo, its sample
On April 17, 2021, a contract was concluded between Micro LLC and Transit LLC for the transportation of cargo by car.
On April 20, 2021, Transit LLC accepted an order to transport cargo by car.
Based on clause 1.5 of the contract, application No. 5 of the shipper dated April 25, 2021, the carrier accepted cargo for transportation - tables in the amount of 40 pieces. The cost of the cargo is 200 thousand. rubles
This cargo has not been received, which is confirmed by notice No. 10 dated April 30, 2021 and loss of cargo report No. 3.
According to the contract and Article 796 of the Civil Code of the Russian Federation, return money in the amount of the cost of the lost cargo - 200 thousand rubles. Refund of the cost of transportation fees - 50 thousand rubles.
Please transfer the money to the bank account specified in the agreement by May 5, 2021.
If the complaint is not satisfied, we will file a lawsuit.
Where else can you complain if the transport company ignores the requirements?
Complaining about violation of contract terms or damages must be filed in court. This is necessary for the client to receive financial compensation from the sender of the goods for lost or damaged goods.
The injured party, having not received compliance with the requirements from the transport company, goes to court with a statement of claim. You need to collect all the necessary documents for the cargo and its delivery.
The demands presented may vary: from damage to lack of profit. Delay in cargo delivery will cause losses to the recipient.
The sender of the cargo may also lose profit due to a delay in delivery, because the longer the cargo is transported, the later it will be paid for.
The application must describe the situation and provide links to regulatory documents. It is necessary to establish the amount of claims and pay the state fee.
When arranging cargo transportation, it is better to insure the goods, since then you can recover compensation for losses in the event of loss of cargo.
The reason for investigating the loss of goods will be a notification of loss. If the carrier does nothing, proceed as follows:
- Competently prepare documents to receive compensation. These can be invoices and invoices if furniture is transported by rail or road; bills of lading if petroleum products are transported by water.
- Take these documents to the insurance company.
The delivered goods or ordered cargo did not arrive on time and the home renovation was disrupted. Or even worse - these were things valuable to a person, and now they cannot be restored. What to do in this case? Is it possible to draw up and submit an effective complaint about the work of transport workers to the specified Labor Committee?
Consumer protection is prescribed by special law, and the right to receive fair compensation is protected by the state.
Let's take a closer look at how a complaint is filed with one of the popular transport companies - First Forwarding Company. Let's clarify how a claim is submitted to PEC and how to register it in Moscow or any other city of the federation.
Where can I complain about TC "PEK"?
After following the complaint procedure, you can try to write a complaint against PEC to the regulatory authorities. They do not have the authority to collect debts, but they consider appeals faster than the courts and can issue an order against the Labor Code to eliminate violations.
Rospotrebnadzor
Rospotrebnadzor will consider a complaint against PEC if it focuses on a violation of consumer rights. For example, the service was provided with deficiencies, and the contractor refuses to fulfill the consumer’s legal requirements.
You can read about the rules for filing a complaint with Rospotrebnadzor and how to submit it here.
Transport prosecutor's office
The Transport Prosecutor's Office oversees the implementation of laws in the customs and transport sector. If TC employees have committed a serious offense, for example, they have appropriated the cargo for themselves, the transport prosecutor’s office will investigate this crime and, if necessary, bring the perpetrators to justice.
You can write a complaint against PEC through the electronic reception desk. You will need to provide your personal information, select the prosecutor’s office of interest and state the essence of the complaint. In addition, the website of the prosecutor's office contains information about the divisions of the transport prosecutor's office, which you can contact in person.
The legislative framework
The main legislative document regulating the relationship between the customer of a transport service and the contractor is the federal law that protects the rights of consumers.
A separate chapter is devoted to protecting the rights of the customer of services for personal (non-commercial) purposes. This law specifies:
- grounds for payment or collection of compensation, penalties and other monetary sanctions from a negligent performer;
- conditions for termination of the contract, including oral;
- circumstances when there is a right to demand a recalculation for a poorly rendered service.
It also partially regulates issues related to the consumer and delivery service provider, the Civil Code and various legislative acts relating to the work of entrepreneurs and transport.
Transport prosecutor's office
You can file a claim with this law enforcement agency. However, let’s immediately make a reservation - this is a narrow-profile area of statements related specifically to criminal and other offenses committed during the transportation or by the carriers of goods themselves.
The claim case may end in court. This is a longer process and more expensive. However, most likely, the negligent carrier will not appeal the court decision, since in such cases, the law is loyal to the consumer.
Delay
The delay in delivery of goods by the transport company cannot exceed the period established in the contract. If such a delay is not justified by force majeure, the transport company must be immediately notified of the delay.
If delivery is delayed due to the fault of the contractor, the customer has the right to file a claim with the carrier and then with the court.
Shortages occur quite often. This may occur due to careless handling or intentional illegal actions of the carrier’s employees, who hoped that the recipient would not report the shortage of goods.
In this case, it is mandatory to make justified complaints and draw up a letter of complaint.
Accounting
Ownership of the finished product passes to the consignee (buyer) upon receipt of it from the carrier; therefore, proceeds from the sale cannot be recognized in the consignor’s accounting records for a certain time.
The cost of finished products transferred to the carrier is reflected in the debit of account 45 “Goods shipped” in correspondence with the credit of account 43 “Finished products” (Instructions for the use of the Chart of Accounts for accounting financial and economic activities of organizations, approved by Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n ).
The cost of damaged finished products that cannot be restored is written off by the shipper from account 45 to the debit of account 94 “Shortages and losses from damage to valuables” (Instructions for using the Chart of Accounts).
After the carrier acknowledges the claim, the organization makes an entry in the debit of account 76 “Settlements with various debtors and creditors”, subaccount 76-2 “Settlements on claims”, in correspondence with the credit of account 94 for the amount of the book value of damaged finished products.
The difference between the amount of compensated damage and the book value of damaged finished products is other income for the shipper, which is reflected in the credit of account 91 “Other income and expenses”, subaccount 91-1 “Other income”, and the debit of account 76, subaccount 76-2, in the period of recognition of the claim by the carrier (clauses 2, 7, 10.2, 16 of the Accounting Regulations “Income of the Organization” PBU 9/99, approved by Order of the Ministry of Finance of Russia dated 06.05.1999 N 32n).
The receipt of funds from the carrier to compensate for the damage caused to the organization is reflected in the debit of account 51 “Settlement accounts” and the credit of account 76, subaccount 76-2 (Instructions for using the Chart of Accounts).
