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

forgotmyname

How is proof of posting any use when the buyer claims they have not received the item and can prove the item was not delivered?

magpiecottage

forgotmyname wrote: »

How is proof of posting any use when the buyer claims they have not received the item and can prove the item was not delivered?

Proof of posting (free of charge from the Post Office) is generally accepted as proof that, on the balance of probability, it was delivered. This is because the vast majority of post via Royal Mail is delivered correctly.

For the purposes of mail order, this may not be sufficient and ebay for example, do not accept it.

On the other hand, as I have found out to my cost, ebay do accept the word of a courier that an item was delivered - even when Hermes claimed to have pushed an item through my letter box which was too large to fit through it.

forgotmyname

But this is court action not ebay. Are the courts going to decide in favour of the seller when proof of posting is shown and where you can show proof that the item was not actually delivered?

Wouldnt the buyer simply argue that the item never arrived and simple say the seller should claim compensation from them and refund me.

As a buyer i have no contract with the delivery company so the seller should file for a lost item?

Not that simple?

rs65

forgotmyname wrote: »

But this is court action not ebay. Are the courts going to decide in favour of the seller when proof of posting is shown and where you can show proof that the item was not actually delivered?

You are thinking of RD or SD. With proof of posting, the sender cannot prove it wasn't received. It is deemed to have been received.

OnanTheBarbarian

As far as court proceedings are concerned, assuming the postal address is correct, a matter is deemed "served/ delivered" 2 working days from the date the item is posted, unless it subsequently gets returned as "not known at this address/ addressee gone away" etc

InsideInsurance

Agree with others on the matter of proof of posting, the law considers things received unless the recipient can prove otherwise hence Signed For is more likely to cause more problems than solutions.

The OP however is miss understanding the purpose of the court under the English legal system. The civil and criminal courts are there purely to judge based on the evidence presented to it. It has no powers of investigation itself unlike the Roman legal system. Therefore the court itself will never go onto the RM website to see if the tracking number is valid or not etc.

Your evidence is shown to the other party they then have their own opportunity to check the RM site and if they want can submit counter evidence if they want to claim the record has been falsified or it was never delivered etc.

In a civil court the judge will simply decide what, on the balance of probability, has really happened and make a ruling based on that

forgotmyname

This pops up on the ebay threads quite often and it always puzzled me why they say proof of posting rather than delivery and no clear explanation.

If it were me though a few minutes of searching should turn up what % of items do RM fail to deliver for one reason or another.

Still puzzled why the OP would not just claim for the lost item and refund though?

rs65

forgotmyname wrote: »

Still puzzled why the OP would not just claim for the lost item and refund though?

Judging by other posts, I guess this is part of a medical negligence claim rather than delivery of a product.