Proof of Posting = Delivery - Law (UK)

Proof of Posting = Delivery - Law (UK)

Author
Discussion

Kevin VRs

Original Poster:

11,670 posts

281 months

Friday 20th May 2011
quotequote all
Hi, just spent 1/4 hour searching for the law relating to proof of posting being legal proof of delivery. Please could somebody let me know which law it is that I need to refer to?

Many thanks, Kevin

SS2.

14,469 posts

239 months

Friday 20th May 2011
quotequote all
In what context, specifically ?

Perhaps s.7 Interpretation Act 1978 is what you are looking for ?

Kevin VRs

Original Poster:

11,670 posts

281 months

Friday 20th May 2011
quotequote all
I think that is the one. I returned an item through the post with proof of posting. The supplier claims I have not sent it back and are asking for payment.

supertouring

2,228 posts

234 months

Friday 20th May 2011
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I still think that YOU would need to claim for the loss via Royal Mail?

garycat

4,431 posts

211 months

Friday 20th May 2011
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I thought that it only applied to Special Delivery items

Meoricin

2,880 posts

170 months

Friday 20th May 2011
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Kevin VRs said:
I think that is the one. I returned an item through the post with proof of posting. The supplier claims I have not sent it back and are asking for payment.
I realise this is a bit late now, but you should really send things signed for or special delivery to avoid this kind of situation. They can't say it didn't arrive if they've signed for it.

Incidentally, IIRC the Interpretation Act applies to service of documents, not sure that'd cover delivery of goods. It seems like a stretch to try to use it here.

streaky

19,311 posts

250 months

Friday 20th May 2011
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Meoricin said:
... the Interpretation Act applies to service of documents, not sure that'd cover delivery of goods. It seems like a stretch to try to use it here.
Correct.

Streaky

Dan_The_Man

1,064 posts

240 months

Friday 20th May 2011
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No need for special delivery / signed for as all items posted are insured by default for £46, you can pay for extra cover as necessary, just keep your proof of postage and claim from RM if the item does not arrive. It's a simple claim process and I have never failed to receive a payout for missing items.

supertouring

2,228 posts

234 months

Saturday 21st May 2011
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Dan_The_Man said:
No need for special delivery / signed for as all items posted are insured by default for £46, you can pay for extra cover as necessary, just keep your proof of postage and claim from RM if the item does not arrive. It's a simple claim process and I have never failed to receive a payout for missing items.
Out of interest, other than Proof Of Posting, what other proof is required? Receipt?

Jasandjules

69,977 posts

230 months

Saturday 21st May 2011
quotequote all
Proof of Posting would be a presumption of delivery. It would be for the other party to put forth evidence that they did not receive the item - by way of a Witness Statement etc..

Dan_The_Man

1,064 posts

240 months

Saturday 21st May 2011
quotequote all
When you do lose items in the post, keep your eyes on ebay as RM sell about 15% of "lost" items on there, I wonder if the sold items actually make it through the post to the highest bidder biggrin