Evri stole my item and ebay won't refund me

[oddish196]

I had a item that was due to be delivered on the 15th October by Evri. I wasn't going to be in so I requested that item to be sent to my local post office instead.
The tracking marked the parcel as delayed on the 15th. It remained like this for a week until one day it was randomly marked as delivered, which was backdated to the 15th, saying it was delivered to my personal address. Evri does not include a delivery photo for my address.
I checked with the neighbours and the post office, all mentioned that they had not received it.

After opening a case with Ebay, they said that as it was 'delivered' they won't refund me.
I have now opened up an appeal.

What rights do I have now?
I don't have a problem with the seller as they did nothing wrong so I don't want to give bad feedback but my fight is with Evri/Ebay.

[jckl1957]

It would be up to the seller to refund you, not Ebay.  Ebay don't have your money and are not responsible for the delivery.

Their policy is that they will not force a seller to refund if tracking shows delivered.

You could contact Evri and see if they can help or try for a chargeback with your payment provider.  It will help if you can get Evri to confirm mis-delivery.

[oddish196]

The item was sold with the buyers protection so the buyer wouldn't be forced to pay as the delivery was with ebay.

[oddish196]

I said that wrong.
The item was sold with buyers protection so the seller wouldn't be forced to pay as the delivery was with ebay. 

[jckl1957]

If the item was sent with Simple Delivery, and was sold to you by a seller with a private account, Ebay do refund if an item has not been delivered,

However, as the tracking does show delivered, even though you haven't got the item, Ebay won't feel obliged to refund you.

The buyer's protection fee doesn't come into it.

  That doesn't offer you protection for not receiving your item.

[oddish196]

Then does anyone know what I can do from this point?
I don't mind getting the item or my money back but I don't like how Evri can just mark something as delivered without the photo proof they normally provide.