mail to your address but not name whats the law?

mummyyummy_2

I recently sent a parcel to someone, but it was an old address but I didnt know. Anyway, it seems there are new residents in the flat and the person I sent the parcel to is now trying to get it back. It was addressed to her business name, not personal name. Where does the law stand on this, i.e. new residents keeping the parcel? I have proof of posting and the local sorting/delivery office say its been delivered. id appreciate any help, thanks

facetheglue

I could be wrong but I've always heard it was illegal to open/keep post that isn't yours. It is Her Majesty's Royal Mail after all.

vikingaero

facetheglue wrote: »

I could be wrong but I've always heard it was illegal to open/keep post that isn't yours. It is Her Majesty's Royal Mail after all.

It's only an offence to open post to gain pecuniary gain/advantage. For instance you feel a credit card in the envelope and you open it with the intent to steal and/or use it. If mail is addressed to your address but with someone elses name on it then there is no offence if you open the mail to see what it going on - bailiffs etc.

sarahg1969

facetheglue wrote: »

I could be wrong but I've always heard it was illegal to open/keep post that isn't yours. It is Her Majesty's Royal Mail after all.

You ARE wrong.

Briefly...

It is wrong to open a letter/parcel in the course of transmission (ie NOT once it has been delivered) and even then, only if you open it with the intention of acting to the detriment of the intended recipient.

Postal Services Act 2000.

ETA: However, if the person who has opened it is refusing to give it to the addressee, then they are clearly in the wrong.

mummyyummy_2

so basically if the new residents of the flat dont give the parcel over technically we could call the police? thanks

bookworm1363

It's theft.

It's bad enough opening it (although I have done it for letters addressed to people who haven't lived here for 14 yrs, simply to see whether it was worth the hassle of me sending it back to sender or just junk to bin - it's usually the latter), but then keeping the goods when being asked to hand them over, that's theft, or whatever the legal equivalent term would be in this instance, but it does involve voluntarily depriving someone of their goods.

Having said that, I highly doubt the police will want to get involved, so a small claims might be the alternative, send a letter asking for returns of the goods or face SCC, if they reliase you're serious about this, they are more likely to avoid themselves the aggro and let go of the goods.

Fire_Fox

Can you prove the parcel was received by the new occupants? Did you send the parcel recorded delivery and they signed for it?