Electronic/Email Communication
Electronic/Email Communication
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Discussion

Wings

Original Poster:

5,970 posts

245 months

Monday 13th March 2017
quotequote all
Eight months ago a tenant vacated my rental flat, all in order, rental Deposit monies refunded.

Since vacating the flat, the now ex tenant has purchased a new car, registering the car with DVLA at his former/my above flat’s address.

I have recently received mail for the ex-tenant, the same both from the local council’s parking services (penalty driving in bus lane), HM Court Services (concerning PCN) and DVLA (vehicle tax refund cheque).

All of the above mail I have opened, and then resealed enclosing a covering letter, returning the same marked “Returned to Sender”.

I have not forwarded any of the mail to the ex-tenant’s present/new address, since I am both suspicious of why the vehicle was registered in a “former”, my flat’s address, and would the ex- tenant take the required appropriate action, both with the Courts and with correcting the vehicle’s keeper’s new address.

My communication to my former tenant has always been via email, that is until today when my email with attachments “bounced” back to me.

I use email communications through both simplicity, speed and for future reference record etc. etc., so presuming the intended recipient of my above email has put a “block” on any future emails I might send, is there any way around a person from receiving and/or blocking electronic mail, and what is the legal position on a person not accepting both electronic and postal mail.

Alucidnation

16,810 posts

200 months

Monday 13th March 2017
quotequote all
Why did you open the letters?

They should have been put back in the letterbox with 'no longer at this address' written across the front.

covboy

2,593 posts

204 months

Monday 13th March 2017
quotequote all
Alucidnation said:
Why did you open the letters?

They should have been put back in the letterbox with 'no longer at this address' written across the front.
This . Left yourself open a bit there I think

TooMany2cvs

29,008 posts

156 months

Monday 13th March 2017
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Wings said:
I have not forwarded any of the mail to the ex-tenant’s present/new address
Then just return it to the sender, without opening it.

Wings said:
My communication to my former tenant has always been via email, that is until today when my email with attachments “bounced” back to me.

I use email communications through both simplicity, speed and for future reference record etc. etc., so presuming the intended recipient of my above email has put a “block” on any future emails I might send, is there any way around a person from receiving and/or blocking electronic mail, and what is the legal position on a person not accepting both electronic and postal mail.
How do you know he's not "accepting" postal mail? You haven't tried to post him anything - you haven't even forwarded the post he's received.

What does the delivery failure message say about why delivery failed? Has he just changed his email address and closed that one? But, very simply, no - there's absolutely no way to force somebody to read an email they don't want to. They can set up a filter, or they can just manually ignore or delete it based on the sender.

xjay1337

15,966 posts

148 months

Monday 13th March 2017
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Bit tttish.

Maybe he forgot, I would have forwarded on to him without opening if you have forwarding address, which sounds like you do.

Not done yourself any favours, and him registering a car to your property has virtually no risk to you.

KevinCamaroSS

13,843 posts

310 months

Monday 13th March 2017
quotequote all
Alucidnation said:
Why did you open the letters?

They should have been put back in the letterbox with 'no longer at this address' written across the front.
No reason why he should not open the mail. It has been delivered and he is not attempting to stop delivery to the correct person so no laws broken at all.

Riley Blue

23,205 posts

256 months

Monday 13th March 2017
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KevinCamaroSS said:
Alucidnation said:
Why did you open the letters?

They should have been put back in the letterbox with 'no longer at this address' written across the front.
No reason why he should not open the mail. It has been delivered and he is not attempting to stop delivery to the correct person so no laws broken at all.
When you know the recipient's new address, wouldn't you write it on the envelope with 'Now at...' rather than write a letter, insert it, seal it up and re-direct it to the sender? I know I would.

Alucidnation

16,810 posts

200 months

Monday 13th March 2017
quotequote all
I would interested to read the law regarding this if you could provide a link.

Foliage

3,861 posts

152 months

Monday 13th March 2017
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Riley Blue said:
KevinCamaroSS said:
Alucidnation said:
Why did you open the letters?

They should have been put back in the letterbox with 'no longer at this address' written across the front.
No reason why he should not open the mail. It has been delivered and he is not attempting to stop delivery to the correct person so no laws broken at all.
When you know the recipient's new address, wouldn't you write it on the envelope with 'Now at...' rather than write a letter, insert it, seal it up and re-direct it to the sender? I know I would.
Id Put the new address on and pop a stamp on it. Make sure he gets it, seems important, I certainly wouldn't assume straight away it was dodgy.

One of my neighbours accidently set up a mobile phone account to my address, they quickly got it sorted. It was just a typo.

Red Devil

13,522 posts

238 months

Monday 13th March 2017
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covboy said:
Alucidnation said:
Why did you open the letters?

They should have been put back in the letterbox with 'no longer at this address' written across the front.
This . Left yourself open a bit there I think
No. A lot of people fail to understand what constitutes interference with (snail) mail. See Section 84 of the Postal Services Act 2000.
Once delivery to the address has been made it is only an offence if you open it intending to act to a person's detriment : per sub-section (3).

xjay1337 said:
...him registering a car to your property has virtually no risk to you.
I beg to differ. It could easily end up in causing unwanted issues (e.g. visits from bailiffs) for a future tenant.
Where, as in this case, the landlord is aware of the problem it could give rise to a breach of the tenant's right to quiet enjoyment.

esxste

4,292 posts

136 months

Monday 13th March 2017
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Wings said:
My communication to my former tenant has always been via email, that is until today when my email with attachments “bounced” back to me.

I use email communications through both simplicity, speed and for future reference record etc. etc., so presuming the intended recipient of my above email has put a “block” on any future emails I might send, is there any way around a person from receiving and/or blocking electronic mail, and what is the legal position on a person not accepting both electronic and postal mail.
Some email servers automatically block attachments over a certain size.

If you got a bounce back, then its highly likely to be a policy restriction, such as maxiumum size, or a technical error.

If your email was being blocked or filtered, you wouldn't know about it.

Alucidnation

16,810 posts

200 months

Monday 13th March 2017
quotequote all
Red Devil said:
No. A lot of people fail to understand what constitutes interference with (snail) mail. See Section 84 of the Postal Services Act 2000.
Once delivery to the address has been made it is only an offence if you open it intending to act to a person's detriment : per sub-section (3)
So you can vouch for the OP then?

Allow me to quote the whole part....


"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".

So, personally, I would not be opening anyones incorrectly delivered mail as this could easily be turned back on me if i did.


Edited by Alucidnation on Monday 13th March 14:52

M-SportMatt

1,923 posts

168 months

Monday 13th March 2017
quotequote all
Alucidnation said:
So you can vouch for the OP then?

Allow me to quote the whole part....


"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".

So, personally, I would not be opening anyones incorrectly delivered mail as this could easily be turned back on me if i did.


Edited by Alucidnation on Monday 13th March 14:52
Resonable excuse.......registering a car at the OPS address, running up parking fines/speeding fines etc, risk of Bailiffs etc

Perfectly reasonable to open it and perfectly legal

Riley Blue

23,205 posts

256 months

Monday 13th March 2017
quotequote all
M-SportMatt said:
Alucidnation said:
So you can vouch for the OP then?

Allow me to quote the whole part....


"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".

So, personally, I would not be opening anyones incorrectly delivered mail as this could easily be turned back on me if i did.


Edited by Alucidnation on Monday 13th March 14:52
Resonable excuse.......registering a car at the OPS address, running up parking fines/speeding fines etc, risk of Bailiffs etc

Perfectly reasonable to open it and perfectly legal
You would only know the contents after opening the mail so what grounds would you have for doing so in the first place when you have a forwarding address?

covboy

2,593 posts

204 months

Monday 13th March 2017
quotequote all
M-SportMatt said:
Resonable excuse.......registering a car at the OPS address, running up parking fines/speeding fines etc, risk of Bailiffs etc

Perfectly reasonable to open it and perfectly legal
How did he know that without opening it ?

M-SportMatt

1,923 posts

168 months

Monday 13th March 2017
quotequote all
covboy said:
How did he know that without opening it ?
Which is why its reasonable to open it.........

Been through this myself with a 'geezer' in my village, registered his car at my house then ran up parking and speeding fines, I ended up with bailifs at the property despite me opening the letters and intervening well before that stage.

Ended up going to court and was told my opening the mail was entirely correct as i wasn't acting towards the detriment of the geezer simply protecting my own interest

M-SportMatt

1,923 posts

168 months

Monday 13th March 2017
quotequote all
covboy said:
How did he know that without opening it ?
Irrelevant

You have to prove in court that the OP was acting to the detriment of the intended recipient for him to have committed an offence.


Riley Blue

23,205 posts

256 months

Monday 13th March 2017
quotequote all
M-SportMatt said:
covboy said:
How did he know that without opening it ?
Which is why its reasonable to open it.........

Been through this myself with a 'geezer' in my village, registered his car at my house then ran up parking and speeding fines, I ended up with bailifs at the property despite me opening the letters and intervening well before that stage.

Ended up going to court and was told my opening the mail was entirely correct as i wasn't acting towards the detriment of the geezer simply protecting my own interest


Did you have a forwarding address?

Wings

Original Poster:

5,970 posts

245 months

Monday 13th March 2017
quotequote all
covboy said:
How did he know that without opening it ?
I open all “interesting” mail, the same either addressed to former tenants, or mail addressed to names that I do not recognise.

“Interesting” mail, the same indicated very often by the “return to sender address”, and may include DVLA, HM Court Services, Local Council’s Parking Services, Mail Order Catalogue companies, Debt Collecting companies and Bailiffs etc. etc.

The UK Postal Services Act states, and I quote “A person commits an offence if they without reasonable excuse intentionally delay or open a postal packet in the course of transmission by post or intentionally opens a mail bag.” end

The mail I opened is not in transmission, having arrived at the intended address, as per the stated address on the envelope or parcel.

The UK Postal Services Act states, and I quote “A person commits an offence if, intending to act to a person's detriment and without reasonable excuse” end.

The above would be extremely difficult to prove, particularly for an ex tenant who has registered with DVLA a newly purchased vehicle, using their former address.


Alucidnation

16,810 posts

200 months

Monday 13th March 2017
quotequote all
So what is your reasonable excuse?