Accidentally picked up wrong package, now accused of stealing? Need advise ASAP pls

[butacka]

Ok, so I typed up as this happened to me, but actually my friend is stuck in this situation:

I was sent 4 packages from overseas through a transportation company. Yesterday I drove 300 miles to pick them up in Long Beach, CA. I was lead into the warehouse by the owner of the shipping company and he pointed out 4 packages that those are mine. They were on top of each other, the top one had my name. I did pick up the 4 packages (put them on a dolly they gave me, and was shocked that I was the one who had to do that as the warehouse was full of expensive stuff, like $100K car, what if I accidentally trip over something and hit the car with the dolly????). I put them in my trunk, the owner gave me a receipt and left. I drove home. At home I realized that one of the package was not mine. I called the company right away to let them know. They said I had to drive back to swap out the packages today. I said OK, I would but can I get some compensation for the inconvenience? some Gas money? The owner said no. I said I would meet him halfway and we can swap out the package. He said no, I had to take it back. I said I can mail this one back and pick mine up later. He said no, it can not be mailed, I had to drive it back. Then he said I stole the package. I said how could I have stolen the packages? They were put together, I was told to take them. I admitted that I made a mistake by not looking at the name label on all of them, but they also made a mistake by letting me in the warehouse to pack the packages and not checking what packages were leaving the facility. They said no, I stole the package and they are going to report it to police if I won't take it back by today, because the owner of that package is driving from 500 miles and it has a very expensive musical instrument in it. I said I would drive it back if I could be compensated. At that point I did not even want gas money, just a "yeah, sorry for the inconvenience, we should have looked at the packages too, OR we both made a mistake would have been nice) He said it is totally and 100% my fault and I will be reported to LAPD that I stole the package. What should/can I do? I don't want to drive 600 miles and pay the gas all by myself (I will though, but I don't want to) because that person did not do his job by checking what package leaves the facility (made ME pick up the packages from a place that I probably should not even be let in) and let somebody (me) take a package that does belong to somebody else. I did admit that I made a mistake but them blaming the whole thing on me makes me mad. They made a mistake too. Can he accuse me of stealing? When I called him about the mistake, I did want to resolve the problem (I still do) but I want the same from them. I never said I want to keep the package, he can come and pick it up anytime, or I can mail it or drop it off at the local police, I DO NOT WANT THAT PACKAGE! It is unopened and safe. I also tried to get a hold of the owner of the package to let him know what happened, but he has not answered me. I just want the shipper to admit he made a mistake and now he is accusing me and threatening me. What can/should I do? It makes me mad that he lets packages be taken out of his hand that he should be responsible for and 100% blaming me. I made a mistake by not looking at the label (although he had the 4 package on top of each other and pointed at them that those are mine), but he was not doing his job by putting the wrong packages together, making me carry them out, not checking the labels of the packages I took, and gave me the receipt that i took MY stuff (I did not sign anything). AND I paid a lot of money to him for this service...
Is it a valid idea of dropping it of at the local police station? OR...?

 

[Antigone*]

Ok, so I typed up as this happened to me, but actually my friend is stuck in this situation:

I was sent 4 packages from overseas through a transportation company. Yesterday I drove 300 miles to pick them up in Long Beach, CA. I was lead into the warehouse by the owner of the shipping company and he pointed out 4 packages that those are mine. They were on top of each other, the top one had my name. I did pick up the 4 packages (put them on a dolly they gave me, and was shocked that I was the one who had to do that as the warehouse was full of expensive stuff, like $100K car, what if I accidentally trip over something and hit the car with the dolly????). I put them in my trunk, the owner gave me a receipt and left. I drove home. At home I realized that one of the package was not mine. I called the company right away to let them know. They said I had to drive back to swap out the packages today. I said OK, I would but can I get some compensation for the inconvenience? some Gas money? The owner said no. I said I would meet him halfway and we can swap out the package. He said no, I had to take it back. I said I can mail this one back and pick mine up later. He said no, it can not be mailed, I had to drive it back. Then he said I stole the package. I said how could I have stolen the packages? They were put together, I was told to take them. I admitted that I made a mistake by not looking at the name label on all of them, but they also made a mistake by letting me in the warehouse to pack the packages and not checking what packages were leaving the facility. They said no, I stole the package and they are going to report it to police if I won't take it back by today, because the owner of that package is driving from 500 miles and it has a very expensive musical instrument in it. I said I would drive it back if I could be compensated. At that point I did not even want gas money, just a "yeah, sorry for the inconvenience, we should have looked at the packages too, OR we both made a mistake would have been nice) He said it is totally and 100% my fault and I will be reported to LAPD that I stole the package. What should/can I do? I don't want to drive 600 miles and pay the gas all by myself (I will though, but I don't want to) because that person did not do his job by checking what package leaves the facility (made ME pick up the packages from a place that I probably should not even be let in) and let somebody (me) take a package that does belong to somebody else. I did admit that I made a mistake but them blaming the whole thing on me makes me mad. They made a mistake too. Can he accuse me of stealing? When I called him about the mistake, I did want to resolve the problem (I still do) but I want the same from them. I never said I want to keep the package, he can come and pick it up anytime, or I can mail it or drop it off at the local police, I DO NOT WANT THAT PACKAGE! It is unopened and safe. I also tried to get a hold of the owner of the package to let him know what happened, but he has not answered me. I just want the shipper to admit he made a mistake and now he is accusing me and threatening me. What can/should I do? It makes me mad that he lets packages be taken out of his hand that he should be responsible for and 100% blaming me. I made a mistake by not looking at the label (although he had the 4 package on top of each other and pointed at them that those are mine), but he was not doing his job by putting the wrong packages together, making me carry them out, not checking the labels of the packages I took, and gave me the receipt that i took MY stuff (I did not sign anything). AND I paid a lot of money to him for this service...
Is it a valid idea of dropping it of at the local police station? OR...?

YOUR FRIEND took the wrong package. Tell him to take it back at his own expense.

 

[xylene]

Your notion of wanting 'compesation' is beyond the pale.

Do you really want the hassel of the shipper charging you with a crime over gas money.

This is your mistake, you eat it.

There is no "meet me half way" on this.

You are being a prig, and it will bite your backside.

 

[Antigone*]

Your notion of wanting 'compesation' is beyond the pale.

Do you really want the hassel of the shipper charging you with a crime over gas money.

This is your mistake, you eat it.

There is no "meet me half way" on this.

You are being a prig, and it will bite your backside.

X, what is a prig?

 

[xylene]

X, what is a prig?

http://en.wikipedia.org/wiki/Prig

 

[butacka]

Your notion of wanting 'compesation' is beyond the pale.

Do you really want the hassel of the shipper charging you with a crime over gas money.

This is your mistake, you eat it.

There is no "meet me half way" on this.

You are being a prig, and it will bite your backside.

What if I can only take it back on Sunday because I don't have the time (work) to drive 10 hrs today or Saturday? I do want him to say he let a package slip out of his hand that he was supposed to be responsible for...!
My friend does not even want the gas money as I said. He wants him to admit that he (shipper) ALSO made a mistake... He saw my friend carry out the package of the warehouse and did not even look at the labels....
Again: is dropping it off at the local police station a valid idea?

Anybody with legal background?

 

[Antigone*]

What if I can only take it back on Sunday because I don't have the time (work) to drive 10 hrs today or Saturday? I do want him to say he let a package slip out of his hand that he was supposed to be responsible for...!
My friend does not even want the gas money as I said. He wants him to admit that he (shipper) ALSO made a mistake... He saw my friend carry out the package of the warehouse and did not even look at the labels....
Again: is dropping it off at the local police station a valid idea?

Anybody with legal background?

Mr. Prig obviously does not understand the TOS he read when he signed up

 

[butacka]

Mr. Prig obviously does not understand the TOS he read when he signed up

? I am sorry I don't understand what you are referring to

 

[Antigone*]

? I am sorry I don't understand what you are referring to

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[butacka]

IMPORTANT NOTICE
FreeAdvice.com has been providing millions of consumers with outstanding information and "advice" free since 1995 with thousands of professionally prepared and reviewed articles, questions and answers in more than 100 categories in the Question and Answer pages at FreeAdvice.com. THE VIEWS EXPRESSED ON THIS AND OTHER FORUM PAGES WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM and are provided AS IS. The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting on the Forums or the identity or qualifications of any person asking questions or responding on the Forums. Use of the Forums is subject to our Disclaimer and our Terms and Conditions of use which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum is never a substitute for personal advice from an attorney licensed in your jurisdiction you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved

THX, here some reply from other forums:
"You've got a receipt for 4 packages, and you've got 4 packages, right?

No theft involved.

He's still got your package. One of the packages he gave you belongs to someone else. His fault. Don't let him intimidate you. Tell him he bears part of the responsibility, and that you expect him to compensate you for the second trip. It's his job to provide reliable service. He failed you and the other customer. If he continues to give you a hard time, contact the person who sold you the products you ordered, and explain what happened, and tell them what you want to happen."

"My thought was dropping it off at the local police station, explain the situation to them, sounds like the other guy is trying to cover his tracks and put the blame on you, honestly I wouldnt want an unknown package laying around at my house. As for the addressee not contacting you, if you do hear from him you can refer him to the local police station as well. Driving all that way is unreasonable (I dont even know if I w/h done it for a package(s) addressed to myself unless it was something that for some reason coudlnt be shipped closer which sounds unreasonable. Bottom line, the person you dealt w/ is being unreasonable, would let the police contact him and handle it, the sooner it's out of your hands, the better imo."

 

[ecmst12]

You could ship it back, but you would be liable if something happened to it, and you would incur the expense of shipping. And there would still be the problem of you getting the package that actually belongs to you. This is absolutely the fault of the person who put the package in his car without checking the label.

 

[Zigner]

You could ship it back, but you would be liable if something happened to it, and you would incur the expense of shipping. This is absolutely the fault of the person who put the package in his car without checking the label.

I know who THAT is!

 

[butacka]

You could ship it back, but you would be liable if something happened to it, and you would incur the expense of shipping. This is absolutely the fault of the person who put the package in his car without checking the label.

He wanted to ship it back but they would not let him, they said he has to drive it back today. If I give you a package and 5 bucks to take a package to your neighbor and somebody else gives you an other package to give it to your boss, you put the 2 packages to your office table, your boss runs into you on the corridor, you say "hey I have a package for you, it's on my table" and he picks up the one to your neighbor. It is YOUR fault for not making sure that your neighbor's package stays safe and does not get taken, not your boss's fault. This is my opinion. If I buy a 37 inch tv, they tell me to pay at the register and pick it up from the isle and leave, I pick up a 55" because i am illiterate and nobody is checking it and take it, don;t you think it is the store's fault for not making sure that the customer takes the right item? Don't you think they are supposed to check what they give out from their hands? My friend does not want this package. He wants the ones that he paid for. They mixed in this one, put his name on the top, made him load it and now saying he stole it. C'mon. Everybody thinks the shipper, who is PAID for a service (ship a package to the rightful owner) is NOT responsible for not checking what leaves the warehouse? It was an honest mistake and they say he STOLE is? And the shipper did not make any mistake??? I don't get it! If I was given a package to give it to somebody and I loose it, it is my fault! I would feel horrible for not paying attention, not doing my job and protect the package that is under my supervision...
BTW My friend will tell the shipper that he is dropping off the package at the police station as he does not have the ability to make it to California today and he was told if he can not give it back today the shipper goes to the police to report him. Well, my friend made a mistake but did not steal, so he most likely will be dropping it off at the police station.

 

[tranquility]

I think the warehouse is liable to the true owner of the package for violation of bailment. I think the OP(friend) has the duty to take reasonable steps to take the package back to the warehouse. Right now, because he has taken the wrong package, he has committed the tort of trespass to chattel. At some point, it becomes the tort of conversion. Since there was no intent at the time of taking, there was no crime. At some point, if there is no return, there will be a crime. (Probably embezzlement, but we can argue that.)

The problem is, all we have is OP(friend)'s word he did not have the intent. If the police get involved, he may have to make that argument in court. And, "at some point", is not a defined time period. The longer things go on, the more risk to OP(friend).

If the OP(friend) really wanted to get pissy but stay safe, I'd say he should go to fedex and deposit the package and then sue the warehouse in small claims for negligent misrepresentation for the cost.

 

[TheGeekess]

He wanted to ship it back but they would not let him, they said he has to drive it back today. If I give you a package and 5 bucks to take a package to your neighbor and somebody else gives you an other package to give it to your boss, you put the 2 packages to your office table, your boss runs into you on the corridor, you say "hey I have a package for you, it's on my table" and he picks up the one to your neighbor. It is YOUR fault for not making sure that your neighbor's package stays safe and does not get taken, not your boss's fault. This is my opinion. If I buy a 37 inch tv, they tell me to pay at the register and pick it up from the isle and leave, I pick up a 55" because i am illiterate and nobody is checking it and take it, don;t you think it is the store's fault for not making sure that the customer takes the right item? Don't you think they are supposed to check what they give out from their hands? My friend does not want this package. He wants the ones that he paid for. They mixed in this one, put his name on the top, made him load it and now saying he stole it. C'mon. Everybody thinks the shipper, who is PAID for a service (ship a package to the rightful owner) is NOT responsible for not checking what leaves the warehouse? It was an honest mistake and they say he STOLE is? And the shipper did not make any mistake??? I don't get it! If I was given a package to give it to somebody and I loose it, it is my fault! I would feel horrible for not paying attention, not doing my job and protect the package that is under my supervision...
BTW My friend will tell the shipper that he is dropping off the package at the police station as he does not have the ability to make it to California today and he was told if he can not give it back today the shipper goes to the police to report him. Well, my friend made a mistake but did not steal, so he most likely will be dropping it off at the police station.

Alrighty then.