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Royal Mail Proof of Postage Certificate
Hello,
Does anyone know the law regarding a signed & officially stamped Royal Mail Proof of Postage Certificate?
Please note I do not wish to know about any 'signed for' services or what eBay / PayPal terms and conditions state. I am only interested in the Royal Mail Proof of Postage and what strength it may have under UK law.
Many thanks.
Does anyone know the law regarding a signed & officially stamped Royal Mail Proof of Postage Certificate?
Please note I do not wish to know about any 'signed for' services or what eBay / PayPal terms and conditions state. I am only interested in the Royal Mail Proof of Postage and what strength it may have under UK law.
Many thanks.
Answers
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It basically just proves that you have posted something to a particular address, so that if the recipient claims not to have received it you can show that you did send it and any fault must be with the Royal Mail. You could not however claim compensation from Royal Mail if the package was lost, you need to pay for Recorded Delivery or Special Delivery for that.
The proof of posting would have some weight in a court if for example a party was being sued for failure to supply something that had been paid for, and they could show with a certificate of posting that it had been sent. It would of course be advisable to use another service if the item being posted is of any value.
The proof of posting would have some weight in a court if for example a party was being sued for failure to supply something that had been paid for, and they could show with a certificate of posting that it had been sent. It would of course be advisable to use another service if the item being posted is of any value.
You still have to refund. Any insurances is for your protection as the sender of the goods. After all, the contract is between you and the post office, and if goods you posted don't arrive, it is up to you to chase the compensation from the post office.
If you choose to gamble by sending goods valued at over �34 without extra insurance, then that is your fault. 'Signed for' does not provide extra insurance, or any different insurance to the standard first or second class post - it simply proves that somebody has signed for receipt of it.
Under English law, if you accept money for goods you must supply the goods. Your responsibility does not end when the post office takes the parcel.
Your buyer could take you to Small Claims Court for a full refund - and if you can't prove he received it, he will win.
I have helped many people get their money back through the Small Claims Court in this scenario - all from private sellers, not businesses, where the sale has not been through PayPal. Where PayPal has been used, the refund is automatic when the seller cannot prove RECEIPT of goods, not postage of goods, as you probably know.
If you choose to gamble by sending goods valued at over �34 without extra insurance, then that is your fault. 'Signed for' does not provide extra insurance, or any different insurance to the standard first or second class post - it simply proves that somebody has signed for receipt of it.
Under English law, if you accept money for goods you must supply the goods. Your responsibility does not end when the post office takes the parcel.
Your buyer could take you to Small Claims Court for a full refund - and if you can't prove he received it, he will win.
I have helped many people get their money back through the Small Claims Court in this scenario - all from private sellers, not businesses, where the sale has not been through PayPal. Where PayPal has been used, the refund is automatic when the seller cannot prove RECEIPT of goods, not postage of goods, as you probably know.
Actually, in a slightly different scenario, if you sent two identical letters (for instance, letters giving a tenant notice to quit a property) and had proof of posting for both of them then a Judge would accept that the tenant had received at least one. One letter could possibly go missing but two to the same person going missing would be highly unlikely. So, in this case, proof of postage can be as good as proof of receipt (this has actually been accepted in Court) if you are careful about it. This method is used with non paying tenants who wont sign for special and recorded deliveries.
I don't know what your exact scenario is but this may be useful.
I don't know what your exact scenario is but this may be useful.
Only other thing I can think of is that it could be you would only get minimal amount of any compensation reagrdless of whether a PoP is 'insuring' your goods up to �34 because it only proves you posted something and not what you actually posted
If you send valuable items and want to claim back the full amount then it is beter to view other types of postage offered or even better use another courier
As for legalites. I would listen to Ethel
If you send valuable items and want to claim back the full amount then it is beter to view other types of postage offered or even better use another courier
As for legalites. I would listen to Ethel
What I would suggest is that proof of posting is most important in contract creation.
Unless the method is specifically excluded, a contract may be concluded by post once the offeree posts the letter into the letterbox / over the counter. (Adams v Lindsell 1818)
Thus, if you have the proof, that will stand as admissible evidence in your favour.
Unless the method is specifically excluded, a contract may be concluded by post once the offeree posts the letter into the letterbox / over the counter. (Adams v Lindsell 1818)
Thus, if you have the proof, that will stand as admissible evidence in your favour.
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