How I won the trial with EMS Russian Post

    How I won the trial with EMS .
    So, as promised in the question habrahabr.ru/qa/19545 , I publish my experience in filing a lawsuit against EMS - Russian Post , which ended positively for me. However, first things first.
    Big Update - today, March 6, 2013 received money. The Kafka process is complete. Hurrah!

    UPD I received a writ of execution, now I think what to do with it. Stay tuned.
    UPD 1 I sent a writ of execution by registered letter to the Troparevo-Nikulinsky OSB in Moscow. According to the results, unsubscribe.
    UPD 2 Executive order in Troparevo-Nikulinsky OSB of Moscow from August 24. While in a hurry to execute.
    UPD 2After a request to the prosecutor’s office, they replied that enforcement proceedings had begun on August 29, 2012. I'm waiting for the payment of money.

    On February 18, 2012, I purchased an Amazon Kindle reader at Amazon.com for a minimum price of $ 79 and made delivery through a well-known intermediary (you can read the name of the claim in the lawsuit), I deposited money into the intermediary's account from my Visa Electron, issued by Sberbank, through the system RBKMoney. On February 28, 2012, the parcel (EC645539026US) left for Russia, it was imported on March 4, 2012, customs passed on March 5, 2012, it hung a bit until March 8, 2012, and on March 16, 2012 I arrived in my city, where I received it that same day (error in the track).

    Total, the package traveled to Russia for 13 days. What a trifle, you say - after all, it was the eve of the holiday of March 8, when all the customs turned out to be littered with flowers (my waiting colleagues wrote on the forums). Guesses about the emergency at customs were confirmed after a sad EMC statement “E MS Russian Post informs about a slowdown in delivery due to excessive demand for express operator services and a large number of shipments” emspost.ru/en/news/?objid=31684c8e-098b- 4ef1-bdf8-078d1cc192fb EMC apologizes, but there is no question of compensation.

    And how much should the EMC departure go after import? In search of an answer, I called the EMC hotline many times”, I read the forums, and the only conclusion is that the foreign EMS shipment after import is exactly the same as the EMS shipment from the city of Moscow, minus delays in customs clearance. So, we go to the Tariffs and Dates section - Deadlines and download the document “Moscow and St. Petersburg” emspost.ru/files/52bdcb49-65d2-456f-b7e8-eaa1347e6118.rar According to this document, EMC is the deadline for delivery of the item to the city Biysk, Altai Territory is 6 days. So, the delay in the control period for the passage of the parcel was 13-1-6 = 6 days.

    Despite this, I did not even put up with such a delay, because $ 48 was paid for delivery for 550 grams of mass. (I’ll clarify that a smart intermediary increased the mass of a parcel from 170 grams - Amazon packaging - to a solid 550 grams with a box and a filler). I adopted the document “Appendix No. 1 to the order of the FSUE Russian Post dated January 14, 2008 No. 1-p“ on the procedure for the payment of compensation to users of EMS international and domestic express mail services"Which states that I have the right to refund 100 (one hundred) percent of the tariff for shipping in case of violation of the control deadlines of more than five days. After talking with the intermediary and asking for advice, I received two documents from him: “Refusal of compensation in favor of the recipient, drawn up in connection with the violation of the delivery time, and a copy of the customs declaration for your parcel” with the advice to draw up a refund application.

    March 19, 2012 I took the form “Application for payment of compensation” emspost.ru/files/a630f47e-be69-4f33-8717-3f11c662ffaa.pdf, attached documents to him from the intermediary, went to the post office, where he received the parcel (whether it is possible at any one, I don’t know), gave the application to the operator and made sure to give a receipt with a date and signature. The girl cameraman sadly told me that all applications were sent to Moscow and it would be considered “a month or even two.” Reasoning that I had nothing to lose, I agreed to wait. Let me remind you that claims for sending EMC are accepted within 6 months after receipt.

    But I did not have to wait long. Already on March 21, 2012 I receive an answer to my statement, for some reason, signed by the head of the central post office of my city ( Appendix 7 ). The post writes a frank nonsense that there are no payments at all on international EMC itemsthey do not produce - a clear lie. At this stage, the first doubts arose whether I had the right to any compensation and at the same time a burning desire to achieve the truth. It must be said that, on the EMC hotline , lovely operator girls spoke vaguely and vaguely about compensation. According to them, it was not clear whether the sender or the receiver has the right to demand compensation for the delay; after the response of the head of the post office, the girls from the EMC hotline could no longer help me.

    March 27, I am writing a letter of hope to the Director of EMC-Post of Russia(119454, Moscow, Vernadsky ave., 18, then the director was Chichelnitsky, now Timofeev), to which I am enclosing a copy of the customs declaration and refusal of compensation in favor of the recipient (65932248001785). This letter has been lost by the Russian Post , and for the second month now they have been looking for it at my written request. Sad, but true.

    At the same time I wrote inquiries by e-mail to all instances known to me.
    Here are some answers
    From Client@russianpost.ru From request@emspost.ru As you can see, they write the same thing here that the head of the post office wrote. Some hope remained for Roskomnazor and Rossvyayayayaz
    Уважаемый Михаил Николаевич!
    Ваше обращение относится к услугам экспресс-почты EMS. По данному вопросу Вам необходимо обращаться на электронный адрес request@emspost.ru
    ФГУП "Почта России"


    Уважаемый Михаил Николаевич, добрый день.
    Российская сторона, как доставляющий оператор, несет ответственность перед стороной подачи за соблюдение контрольных сроков доставки с момента поступления отправления на территорию РФ. Относительно нарушений при доставке входящих международных почтовых отправлений EMS сообщаем, что согласно положениям Всемирной почтовой конвенции, а также п. 4 статьи 128 Регламента Типового соглашения EMKS, оператор EMS, который несет ответственность, выплачивает возмещение убытков и почтовых сборов отправителя. Расчет компенсаций в зависимости от характера нарушения, определяется отправляющим оператором (ПА страны подачи) в рамках заключенного им договора с отправителем в соответствии с законодательством страны подачи.
    Выплата возмещения за нарушение контрольных сроков доставки отправлений для получателя не предусмотрена, компенсация может быть выплачена только отправителю.
    Заявление на выплату возмещения подается отправителем в стране подачи отправления.


    . Well, we tell them about the situation and ask them to answer not by paper mail, but by e-mail. Looking ahead, I’ll say that the answer from Rossvyaz came the day before the visit to the court, I asked Roskomnadzor to wait two months until May 24, 2012.
    Rossvyaz writes


    Well, it's time to go to court. For me, this was the first experience of this kind, so I decided to prepare. Still, mail ordering is one thing; in a harsh court, it's another.
    I draw inspiration from the wonderful post “Working with EMS to violate delivery times - instructions” habrahabr.ru/post/134231 . Unfortunately, the author of LittleTOXA did not answer my questions, but I am not offended.
    After the guglezh, I find a wonderful precedent of Pavel Sukhodoev “I won the court against the Russian Post for international shipping” habrahabr.ru/post/108343/#habracut
    Pavel did not sue with EMC , but with regular mail because of the delay in sending and won the court. The main lawsuit was made thanks to his post, thanks to him.
    And I will tell you how to find your justice of the peace, how to draw up and file a lawsuit.
    First, we will decide which judge we will direct the claim to, for this we go to msudrf.ru/index.php?id=300&searchtype=ms , choose our federal district, city and street. We get the site of your judicial section, in my case it is biysk8.alt.msudrf.ru
    In the section " How to find us " there will be the desired address.

    We draw up a lawsuit where we describe in an understandable, human form all our adventures, without familiarities such as “citizen judge” or other vernaculars, we try to make our text understandable, and we necessarily state the amount of our claims and its justification with reference to regulatory acts; also do not forget to indicate your name and full postal address. Copies / scans of the passport at this stage are not required, only two copies of the claim and 2 copies of all documents.
    Claim v 0.1
    Copy on google.docs

    On April 9, I go to the nearest post office and send the claim by registered mail. You can send with a delivery confirmation, you can send it without it, but a custom one will still be given a track for tracking. The addressee in the letter is the name and surname of the judge, I also signed the “justice of the peace plot No. XXX”.

    All! Now it remains only to wait. As I understand it, the main difficulty for people at this stage is the lack of knowledge that the claim can be sent by mail, and the court will be required to consider it. Yes, you can bring it in person, but the reception is only 1 hour per week, plus an inconvenient time. Therefore, sending by mail is optimal, they should not lose anything in the city. Also, do not be alarmed by the duty - in my case, I am exempted from paying it for the consumer protection lawsuit.

    On April 11, 2012, version 0.1 of the lawsuit was successfully presented, a few days later I called and asked if the lawsuit was accepted. A kind aunt-secretary clarified my address and said that I was a very inattentive young man, because I forgot to indicate it in the lawsuit. So, on April 17, 2012, a response from the court arrives that the lawsuit is left without motion and they are given a deadline until April 27 to correct inaccuracies. My inaccuracies were as follows:
    • Did not make a copy of all documents. Those. I made a copy of the claim, but I brought the other documents in 1 copy, but I need to in two (to the court + to the defendant). The court will not make copies for you, remember this!
    • Did not indicate your mailing address in the lawsuit. The most severe mistake, I expected that the court will take it from the return address of the letter. Do not repeat the mistakes, write it at the beginning of the lawsuit.
    • He did not indicate the price of the claim (no, he indicated that the court simply didn’t see it). Just in case, I write a long justification and once again emphasize the price. Without the price of a lawsuit, they won’t take you for sure!

    Changes to version 0.2 are reflected in the application , a copy that I sent on April 20, 2012 and which came on April 23, 2012. After some time, the answer came that the lawsuit was accepted, a civil case has begun, the meeting will be held on May 16, 2012, and an agenda has been attached.

    The ruling on the acceptance of the statement of claim for the production and preparation of the case for trial.



    At this stage, I realized that everything is serious, that there will be a court, and my costs amounted to 60 p for 2 letters.
    So, May 16, 2012, 10.00. I take the original documents with me (the original is well said, I have this from the head of the post office and the card account statement from Sberbank), the rest of the documents were in electronic form, so I just print them out. I also take a copy of the claim.

    So, what is a court? You arrive at the appointed time in the office indicated on the agenda and wait until you are invited. I was invited, the secretary invited me to read the response of the defendant (i.e. Russian Post ). Yes, I forgot to say that the regional post office of the Russian Post was appointed as the defendant, although formally the EMC and the Russian Post are different legal entities. faces.
    The defendant writes


    In general, his answer can be considered as the last attempt to remove responsibility from oneself. The fact of delay is recognized, but then painful delirium. Here I thought that everything was bad - and such thoughts visited me more than once.
    Next, weary minutes of waiting in the hallway, and the secretary invites me to the meeting room. There sits a judge in the mantle and gets to know your case. Immediately I was asked to consider the case in the absence of the defendant (they asked to consider without him), the judge specified whether I would refuse my requirements and sent clarifying questions - the parcel, what kind of parcel, as I considered the check deadlines for the passage. Then together we counted the days of passing the package on our fingers, and they gave me the floor. I said that in no case did I agree with the position of the Post and I am sure that after receiving the parcel, the recipient can also demand compensation. (and this is the pure truth). I supported my words with references to the laws that are written in the lawsuit. The judge did not find fault with the details, the main focus was on the delivery time.

    Then the judge got acquainted with the documents, the extract from the card account for payment did not interest her. Here I was given the opportunity to attach to the lawsuit the response of Rossvyaz , where a slowdown in the passage of the parcel was recorded. The judge was very interested in this document, probably because it is with a large seal and signature.

    Even with the judge, they laughed at the fact that the Russian Post did not want to be a defendant, saying that EMC is a completely different person. But here the court showed me delight without me and appointed the Russian Post as the defendant.

    Then my claims in rubles were read out, I pronounce a magic phrase about the claims (do not worry, the judge will tell you) and the judge leaves for the deliberation room to make a decision, they send me to smoke in the corridor.

    15 minutes, the secretary invites me to the room and the judge reads “On behalf of the Russian Federation” to pay a delivery rate of $ 1413.45r - $ 48 at the intermediary's rate, 100r forfeit, 300r for moral damages, leave the rest of the claims unacceptable (I requested 230r forfeit and 500r non-pecuniary damage). Also, the Russian Post was ordered to pay a fee of 600 rubles and a fine (?!) Of 906 rubles in favor of the state. A month is given to appeal the decision on both sides. That's it, I won!






    I decided to write about my victory now, and not expecting a month for the decision to take effect. If there are appeals during this month, I will certainly tell about them (and today the court secretary hinted to me that the Russian Post was very surprised at the decision and will most likely appeal). For me, a fundamental victory is important, my confidence that the court recognized my innocence. In my opinion, the main document was from Rossvyaz with the recognition of the fact of the delay, plus my logical conclusions about the deadlines on the basis of EMC documents .

    I have proved that the delivery deadline for parcels arriving from abroad is counted from the day of import, with the exception of days for customs clearance; that the deadlines for sending the EMCDepartures from Moscow to the EMC regions were not in vain; and most importantly - the recipient has the right to ask for compensation for delays in passing! And not from the US post, but from our dear and dear to the heart of the Russian Post.

    I must say that already before the court, on May 12, 2012, the evil news appeared on the EMC website Delayed, lost or damaged EMS shipments from the USA emspost.ru/en/news/?objid=d7acc16e-7d83-4c1d-ac01-dcf8857429ff in which EMC writes: I was ready for the defendant from the Russian Post to refer to this news (mind you, this is news, not the law) and the court on this basis finds me wrong. Know this news is FALSEЗапросы, поступающие от получателей отправлений в России, а также от Почтовой Администрации страны назначения (от Почты России и EMS Russian Post, в частности), не рассматриваются.

    . This is a blatant and irresponsible lie of people who profit from our premises and who do not accept responsibility for them. This news can be understood as follows - please sue, we will not pay you anything.

    I don’t know how a similar court would be held in other regions of the Russian Federation, whether my decision would be appealed, but I’m sure that several of these courts in all regions of the country will help the Russian Post to moderate its greed and arrogance.
    I will answer questions with pleasure in the comments and in PM, thank you for your attention.

    Appendices
    1. Copy of the statement of claim. dl.dropbox.com/sh/0ropsjp1vfnv2c6/53rHCBrPSf/Request.rtf?dl=1 docs.google.com/open?id=0B6ruV24IahNAV0pFaWhwWXJ2dE0
    dl.dropbox.com/sh/0ropsjp1tfjf1fktfsfcfcfcfcfcfcf2ffcfcf2fffcfff2fff2fffcff2ffffdfffdfd
    docs.google.com/open?id=0B6ruV24IahNAT2d3a3h5RVVTUjQ
    2. Issue of debit from Visa Electron card for February 2012.
    3. Copy of payment details sheets via RBKMoney website
    4. Copy of payment details sheets via ebaytoday.ru website
    5. Copy of the document “EMS Express Expiry Times from Moscow”
    6. Receipt of the application for payment of compensation dated 19.03 .2012
    7. Letter from FSUE Russian Post about the refusal of compensation for violation of the control deadlines for the passage of MPO No. 2.53.16-86 / 299 of 03/21/2012.
    8. Customs declaration
    9. Copy of the sender's application for refusal to pay compensation in favor of the addressee.

    Form letter to the director of EMS
    Thanks to everyone who read to the end.

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