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COURTS? Showing PROOF of recorded delivery?? (Send original Receipt/copy? +Questions!

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COURTS? Showing PROOF of recorded delivery?? (Send original Receipt/copy? +Questions!

edited 16 May 2015 at 4:41AM in Insurance & Life Assurance
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katesheetkatesheet Forumite
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edited 16 May 2015 at 4:41AM in Insurance & Life Assurance
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.
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Replies

  • CKhalvashiCKhalvashi Forumite
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    The best thing to do is not use recorded delivery at all.

    Get two proofs of posting, from two separate post offices on the same say. Royal Mail losing one letter is understandable, but to lose 2 in this situation isn't really believable.

    You'll need to prove on the balance of probabilities, not beyond reasonable doubt.
    "I kada sanjamo san, nek bude hiljadu raznih boja" (L. Stamenkovic)

    Call me Remainer or Romaniac, but not Remoaner. It's insulting and I have the right to have my voice heard too.

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  • QuentinQuentin Forumite
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    From what you say there is no RD receipt as the item wasn't delivered??


    If the other side say they never received the item, then they can now "prove" that with your tracking number showing as still not delivered/not recognised


    Next time use free proof of posting
  • soolinsoolin Forumite, Board Guide
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    Just a heads up this OP has posted this several times and across other boards and does not come back to read any of the responses.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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  • katesheetkatesheet Forumite
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    Thank you for the replies
  • magpiecottagemagpiecottage
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    CKhalvashi wrote: »
    The best thing to do is not use recorded delivery at all.
    I agree with this.
    Get two proofs of posting, from two separate post offices on the same say. Royal Mail losing one letter is understandable, but to lose 2 in this situation isn't really believable.
    I do not think two proof of posting is necessary because
    You'll need to prove on the balance of probabilities, not beyond reasonable doubt.
    The vast majority of post does get through. If push comes to shove, a court will accept that it is more likely than not that an item you posted WAS received (within two working days if sent first class).

    So one proof of posting should be sufficient.

    By contrast, if you have sent something recorded delivery and the Post Office cannot prove it was delivered then the balance of probability is that the Post Office lost it -and thus that it was not received. This would apply even if, as happens, it was delivered but the postman did not bother to get a signature.
  • OnanTheBarbarianOnanTheBarbarian Forumite
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    Are you serving the other person with official court documents or just sending a letter before action?
  • adonisadonis Forumite
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    Just send it it via Yodel they will swear blind its been delivered, (even though its the wrong address)
  • forgotmynameforgotmyname Forumite
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    Proof of posting is no good if you cannot prove delivery. if you cannot prove they received it then refund and claim from RM.

    If the claimant can prove the item was not delivered then you dont want to waste time going to court, Proof of posting is useless. They are claiming they have not received it, not disputing that you posted it.
    Censorship Reigns Supreme in Troll City...

  • QuentinQuentin Forumite
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    Proof of posting is no good if you cannot prove delivery. if you cannot prove they received it then refund and claim from RM.

    If the claimant can prove the item was not delivered then you dont want to waste time going to court, Proof of posting is useless. They are claiming they have not received it, not disputing that you posted it.
    Proof of posting isn't useless at all.


    Had the OP obtained (free) proof of posting rather than (paid for) recorded delivery then there wouldn't be a problem!
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