Got a NIP, previous homeowners, what to do?

Got a NIP, previous homeowners, what to do?

Author
Discussion

Boosted LS1

21,188 posts

261 months

Wednesday 21st June 2006
quotequote all
smeggy said:
BliarOut said:
Nope, as you haven't been asked to supply as the NIP isn't for your attention and to open someone elses mail is bordering on unlawful. If you return it unopened with not known at this address written across the front it should die a death unless they can actually be arsed to investigate.

Apologies, I wasn't clear enough. I meant to ask what charges could one face if they simply binned an incorrectly addressed NIP?


None, it was an accident, junk mail and all that. I get it all the time & it goes in the trash!

Boosted.

7db

6,058 posts

231 months

Wednesday 21st June 2006
quotequote all
smeggy said:
BliarOut said:
Nope, as you haven't been asked to supply as the NIP isn't for your attention and to open someone elses mail is bordering on unlawful. If you return it unopened with not known at this address written across the front it should die a death unless they can actually be arsed to investigate.

Apologies, I wasn't clear enough. I meant to ask what charges could one face if they simply binned an incorrectly addressed NIP?


Theft if your intent was dishonest?

Boosted LS1

21,188 posts

261 months

Wednesday 21st June 2006
quotequote all
7db said:
smeggy said:
BliarOut said:
Nope, as you haven't been asked to supply as the NIP isn't for your attention and to open someone elses mail is bordering on unlawful. If you return it unopened with not known at this address written across the front it should die a death unless they can actually be arsed to investigate.

Apologies, I wasn't clear enough. I meant to ask what charges could one face if they simply binned an incorrectly addressed NIP?


Theft if your intent was dishonest?


Why would it be dishonest? Theft is the intention to keep and deprive the original owner from his goods. Just bin it, it's not addressed to you, you have no idea what it is so why bother to give it more then a cursery glance It's still junk mail

Boosted.

7db

6,058 posts

231 months

Wednesday 21st June 2006
quotequote all
Boosted LS1 said:
7db said:
smeggy said:
BliarOut said:
Nope, as you haven't been asked to supply as the NIP isn't for your attention and to open someone elses mail is bordering on unlawful. If you return it unopened with not known at this address written across the front it should die a death unless they can actually be arsed to investigate.

Apologies, I wasn't clear enough. I meant to ask what charges could one face if they simply binned an incorrectly addressed NIP?


Theft if your intent was dishonest?


Why would it be dishonest? Theft is the intention to keep and deprive the original owner from his goods. Just bin it, it's not addressed to you, you have no idea what it is so why bother to give it more then a cursery glance It's still junk mail

Boosted.


I dunno why people do dishonest stuff. Theft is - in essence - dishonest appropriation and intent to permanently deprive. I think binning someone else's mail is covered in that; it came up in a discussion the other day.

"That bastard is going to be in trouble when he doesn't get this NIP, I'll chuck in on the fire" might fit the bill.

Boosted LS1

21,188 posts

261 months

Wednesday 21st June 2006
quotequote all
Nope I disagree with you completly. There's nothing dishonest here. It's an envelope addressed to the wrong person or wrong address. Responsibility for that doesn't automatically pass to me, I never asked for that and have no contract to look after somebody elses letters.

If I kept the letter that would be theft but if I moved it on to antwhere, that wouldn't be theft. FFS what's it got to do with me if the powers that be can't address an envelope properly! Zilch, sweet FA! Bin it, RTS it who cares, I certainly don't! Let them do their own work.

Boosted.

COL87

166 posts

216 months

Thursday 22nd June 2006
quotequote all
I would return the letter to the DVLA stating that its not anything to do with me and i would first show it to the Police.

7db

6,058 posts

231 months

Thursday 22nd June 2006
quotequote all
Boosted LS1 said:
If I kept the letter that would be theft but if I moved it on to antwhere, that wouldn't be theft.


So if I nick some jewels and give them to charity, is that not theft? My intention was dishonest and I have permanently deprived the owner of them.

You have received the mail by mistake. No problem there. If you then, with dishonest intent, do something to ensure that the rightful owner of that mail doesn't get the letter, then I *think* that's sufficient for a theft offence to be complete. If you believe that you are legally entitled to do it and you are acting honestly, then defence available.

Note also
Section 5, Part 84 of the Postal Services Act 2000
- (1) A person commits an offence if, without reasonable excuse, he-
(a) intentionally delays or opens a postal packet in the course of its transmission by post, or

and

(3) A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

smeggy

3,241 posts

240 months

Thursday 22nd June 2006
quotequote all
7db said:
Boosted LS1 said:
If I kept the letter that would be theft but if I moved it on to antwhere, that wouldn't be theft.


So if I nick some jewels and give them to charity, is that not theft? My intention was dishonest and I have permanently deprived the owner of them.

Poor analogy!


7db said:
Section 5, Part 84 of the Postal Services Act 2000
- (1) A person commits an offence if, without reasonable excuse, he-
(a) intentionally delays or opens a postal packet in the course of its transmission by post, or

and

(3) A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

I see nothing there which states the recipient of an incorrectly addressed postal packet is obliged to forward it to the correct address.

Nuggs

4,640 posts

235 months

Thursday 22nd June 2006
quotequote all
This reminds me of a second year LLB seminar question. It's bringing back horrible memories...

7db

6,058 posts

231 months

Thursday 22nd June 2006
quotequote all
smeggy said:
I see nothing there which states the recipient of an incorrectly addressed postal packet is obliged to forward it to the correct address.


There isn't anything there.

Just that you mustn't open it or delay it or dishonestly intent to permanently deprive the rightful owner of it.

Boosted LS1

21,188 posts

261 months

Thursday 22nd June 2006
quotequote all
7db said:
smeggy said:
I see nothing there which states the recipient of an incorrectly addressed postal packet is obliged to forward it to the correct address.


There isn't anything there.

Just that you mustn't open it or delay it or dishonestly intent to permanently deprive the rightful owner of it.


But there's nothing which says you must do anything with it either. So, it could sit on the doormat forever or be put back into the postbox/bin. Doing nothing isn't an offence. That law you posted isn't at all clear. For instance, once it's been wrongly delivered and the value of the stamp has been used I'd assume the 'transmission of post' to be over. I'm not going to play at postman pat at my expence.

Boosted.