Accepting deliveries on behalf of a neighbour - legalities..
Discussion
Theoretical question from a conversation with a mate...
If you accepted (and signed for) a delivery for a neighbour who had bought an item on a credit card / account that was not theirs and this was followed up where would you stand legally?
For example: you sign for an expensive telly and later give it to the neighbour. There is some dispute (card method is fraudulent or catalogue company is not getting paid).
Scenario a) the person who placed the order is uncontactable - supplying company comes after you with suspicion you're in on it as you signed.
Scenario b) The person who placed the order is contactable and claims not to have received it (although you supplied to to them when they returned).
I think you could tell the police / catalogue company to go away but my mate thinks you could be implicated.
Any lawyery type people who can shed an informed opinion?
If you accepted (and signed for) a delivery for a neighbour who had bought an item on a credit card / account that was not theirs and this was followed up where would you stand legally?
For example: you sign for an expensive telly and later give it to the neighbour. There is some dispute (card method is fraudulent or catalogue company is not getting paid).
Scenario a) the person who placed the order is uncontactable - supplying company comes after you with suspicion you're in on it as you signed.
Scenario b) The person who placed the order is contactable and claims not to have received it (although you supplied to to them when they returned).
I think you could tell the police / catalogue company to go away but my mate thinks you could be implicated.
Any lawyery type people who can shed an informed opinion?
Not a criminal lawyer but, from dim and distant memory of my degree and law school, my initial feeling is it's hard to see how a neighbour who took in a parcel and passed it on could have any exposure to criminal sanction if they did so innocently and without any knowledge of the goods being hookey.
It's a general principle that (subject to a few exceptions, known as strict liability - such as speeding) that there has to be guilty intention to go with the guilty act.
It's a general principle that (subject to a few exceptions, known as strict liability - such as speeding) that there has to be guilty intention to go with the guilty act.
No mens rea to commit any offence at all as far as I can tell from that (Guilty Mind, as per LL above)..
Simply attempting to help the postie. You are signing to say the goods have been delivered, that is all (oh, as a rule of thumb I also make sure I write "not inspected" on it, as some of them say "goods received in perfect condition").
Simply attempting to help the postie. You are signing to say the goods have been delivered, that is all (oh, as a rule of thumb I also make sure I write "not inspected" on it, as some of them say "goods received in perfect condition").
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