Showing COURT 'Proof' of recorded delivery?? (Send original Receipt/copy? +Questions!

katesheet

A legal question, regarding courts/ and proving an item has been delivered.

The basic situation,
Regarding a claimant (putting a claim to a defendant) and the claimant posted something to the defendant via Royal mail recorded delivery (with a receipt given by the PO)

(that is the main part of it, i don't wish to go into any more detail, as it is a bit of an personal/ touching situation)


Here are the questions,

When you send a document through Royal mail, recorded delivery (the orange sticker), and they give you the receipt with the tracking number

for a letter, to do with a legal court case,

Here are the questions, regarding sending the court 'proof' that this item was posted....

From a legal point of view.

a) Then if proof/evidence is needed by the court (from the claimant/ who is the sender) - proof is needed that this item 'was posted', on this date, ten what is the general way that the court require this proof ??
(Proof that the 'sender' has sent it, that is)

out of these, 1)? 2) or 3) ??


1) Would the court want to see the original, Recorded delivery receipt (which has the tracking number and date of the postage. - which has to be posted to the court (as evidence)

2) Would the court want to see a photocopy of the, Recorded delivery receipt - which has to be posted to the court (as evidence)

3) Would the court ask the receiver of the orange part, which his on their 'received envelope.


--in other words, does it matter if the court see a photocopy of the receipt? compared to the original?

Now, if days/weeks have gone by, from the recorded delivery posted date, and then the tracking number is not recognized, (when entered in the Royal Mail website)

so there is the white receipt of the Recorded delivery being sent (that the sender has in their wallet) but when that tracking number is being tracked, there is no recognition of that item

With this message
Status: That item number isn't recognized

Now, regardless of whose fault that is (Royal Mails, or the postman etc)....
would this cause problems for the court when the receipt (original or photocopy is sent to them)

-the fact, they have the receipt as evidence sent by the sender/claimant....but the tracking number/item cannot be

b) Do the court check the tracking number on their side, and insert it on RoyalMail.com tracking, to check if it got sent?

or the court don't care whether it got delivered/ or sent/ or lost
They just want proof that, it has been sent which showing the receipt to them is enough!
(regardless of what the status is)


c) and if it is lost by RM, then would the court, follow up on that? or it isn't their responsibility- as they only care that the claimant has submitted the post , with a receipt, and Only need to see that (or a copy)

d) In other words, what are the courts 'interested in' when wanting proof of a recorded delivery from a sender/claimant?

e) Would they ever to go Royal Mail direct, to get the proof?
-or if there was no receipt?

f) Are you speaking from legal experience/ are a legal representative?

Thanks

As i said, this is a very personal/ touching situation, so can you just focus on answers questions a, b, c, d, e, f rather than drift to other tangents, please.

From a legal point of view, please assist with them as best as you can, thanks.


Thank you in advance.

esmerobbo

It is actually deemed served 2 working days after you post it 1st class. The courts don't seem to believe the Royal mail lose mail.

If it has failed to be delivered have you got it back?

Full civil procedure rules regarding service here.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06a

bazster

Does this have anything to do with parking tickets?

If you want legal advice you'd best go to a lawyer.

HO87

In any situation (not necessarily limited to proof of postage) a court will be interested in "best evidence". That means original documents or items and if they cannot be produced for some reason - can't be bothered isn't a reasonable explanation - then facsimiles, photocopies or photographs are generally acceptable in a civil court. That may not be the case in criminal proceedings where there must be a clear and demonstrable chain of custody for such evidence

In other words, ultimately they will want to see the original receipt (usually printed these days) from the Post Office although a legible rubber stamped orange slip is likely to suffice. Simply giving them a tracking number is likely to be questioned.

However, if you - as a witness/defendant/claimant - are going to be directly referring to the RD slip in the court then you should never relinquish the original document until you are physically in the court room. In such circumstances sending a copy of the evidence to the court ahead of time is acceptable always provided that you can produce the original of it when required.

The reason for this? It wouldn't be the first time that such evidence has been lost.

katesheet

Thank you for the replies

Quentin

For some reason the OP has posted this thread in 6 forums so far on MSE (up to the time of posting)