13 years of misdeliveres by Royal Mail unresolved - any ideas?

[Prismatics]

Hello. Any help would be hugely appreciated! I've been experiencing regular and persistent mis-delivery of mail to my address in London since 2010. I'd estimate that over 1000 items of mail have been affected. It's caused by a slightly confusing layout and address configoration in the area. As a result, when my regular postman is on holiday, sick or on rotation (multiple times a year), I don't receive mail. If lucky, it goes to a responsible neighbour who brings it over (I do the same for them). Unfortunately, there are a few neighbours who don't do this. Most often, I don't know about my missing mail until alerted to a missed appointment, unpaid bill, compromised bank card, unacknowledged invite or gift etc etc

The financial value of this is limited to a few missing gifts, but the administrative and emotional burden due to compromised communications (medical correspondence, bank, financial, council, work, etc etc) has been.. overwhelming. On any given day, I don't know if I'm going to have a problem.

Over the years, I've made 40+ complaints to Royal Mail.I've been though their complaints procedure a few times. I've also turned to POSTRS who upheld my complaint and instructed Royal Mail to have ,y local delivery office to adjust 'trays' for sorting. However, I knew this (and many more recent attempts) would offer no resolution, since the Posties get confused once on-site. I suspect a lack of attention to detail and possibly a dependence on Google maps (which is unreliable around here) compounds the issue.

Over the last 10 years I've asked (begged) Royal Mail to offer me an alternative delivery service or delivery point as I feel like a sitting target. They declined. They also treat each complaint independently, archiving communications over 2 years old. resulting in an additional burden of proving to Royal Mail that this is a historical complaint which entails me sending their own communications (and the Postrs letters) back to them!

Interestingly, Amazon who used to have similar delivery problems here have resolved it and for the past two years have consistently delivered correctly - so it can be done!

Do I have any recourse? Can I hold Royal Mail to account via court? I'm aware they are largely unaccountable or immune in most areas. Does the recipient for non-high value mail have any rights? Or are there any routes I could attempt? Human rights?! I joke of course.. but the burden and violation of privacy is quite something

[echat11]

If they are still breaching ICO Guidelines, Data Protection Principles, regarding mail regardless of the 'history' you have highlighted above (investigation etc), then you should consider taking them to small claims Court. Maybe your fellow neighbour's should consider doing the same.

Contact the ICO, give them a timeline summary of the situation with facts. They have a online chat facility. They are pretty good.

[Prismatics]

If they are still breaching ICO Guidelines, Data Protection Principles, regarding mail regardless of the 'history' you have highlighted above (investigation etc), then you should consider taking them to small claims Court. Maybe your fellow neighbour's should consider doing the same.

Contact the ICO, give them a timeline summary of the situation with facts. They have a online chat facility. They are pretty good.

Thanks to you ECHAT11! Very useful. Would i therefor be taking them to the small claims court primarily re data protection breaches ? Do you feel that any of their legendary 'immunities' could protect them and risk me being held responsible for their costs?

[PallasAthena]

Is it a breach of data protection law if RM deliver a letter to the wrong address? I don't know but I'd be interested to hear what ICO think about that when you contact them.

[echat11]

Thanks to you ECHAT11! Very useful. Would i therefor be taking them to the small claims court primarily re data protection breaches ? Do you feel that any of their legendary 'immunities' could protect them and risk me being held responsible for their costs?

The key thing in your case is you told them, they said they would take action, it still keeps happening, you have evidence.

Even Amazon are getting it right, so they are the 'bench mark' that Royal Mail should reach, they are failing you.

The Court's are 'hit and miss', but follow the CPR protocols, letter before action etc, know the strengths of you case.

I'm no expert, I think you have a good case, there is no reason why Royal Mail are still getting it wrong.

a) Send the Royal Mail a Subject Access Request, they have 30 days to provide all the information they hold on you / address.
That should be revealing.

https://legalbeagles.info/library/gu...ccess-request/

b) Speak to the ICO, they can go through the 'breaches' regards Royal Mail.

Have you got legal expenses cover with any of your insurance products, that would be handy.

[echat11]

Is it a breach of data protection law if RM deliver a letter to the wrong address? I don't know but I'd be interested to hear what ICO think about that when you contact them.

I think it would be, especially as it's been going on for a long time and Royal Mail haven't taken any corrective action as they've been informed about it multiple times by customers.

[Prismatics]

Is it a breach of data protection law if RM deliver a letter to the wrong address? I don't know but I'd be interested to hear what ICO think about that when you contact them.

Thanks Pallasathena. I agree. I guess my angle would be that there is clear ongoing negligence causing the data breaches. It would be interesting to know how/if ICO legislation sits/conflicts with Royal Mail's legal responsibilities.

The other question is whether to pursue a complaint with the ICO before the small claims court action (and if this is unsuccessful, could it risk the small claims court following suit and ruling in Royal Mail's favour)

[PallasAthena]

The question in my mind is not so much whether RM has any special exemptions but whether the activity of delivering letters comes within the scope of the Data Protection Act (GDPR) at all.

In general to be covered by the Act you have to be "controlling" or "processing" personal data, iec data about an identifiable living person. Does RM do that with letters it handles in the normal course of postal delivery? It doesn't keep any record of the names on the letters it handles. It has a massive database of every address in the country but no names associated with them. Are addresses themselves personal data if they aren't associated with a living person?

These are questions in my mind, I don't know the answer so I will be interested to know what the ICO say.

[Prismatics]

Thank you ECHAT and PALLASATHENA for your great advice. I've looked into it a little further:

Firstly, I do have some access to legal help via home insurance. However, it's a selection of panel solicitors whom I doubt will take it on because as I've already contacted some more seemingly appropriate solicitors who declined. They said this was because the case is unusual (they'd not come across anything like this before) , that they weren't aware of any precedent and that consumer regulation re Royal Mail is weak.

I've spoked with the ICO. They seem slightly confused, so i'll need to make a complaint for ultimate clarification. However, it seems that Royal Mail are in fact data controllers (or at least during the sorting stage). From what I can tell, my address and name on the envelope is subject to data protection law. However, the contents within the letter aren't. Presumably this means I can't hold them accountable for the full extent of the consequences of having (for example) my health records and banking information compromised. This would I presume limit any compensation to the inconvenience of having my name and address compromised. I guess I could extend this a little furher because as envelopes display the address (for return) of banks or that of my local hospital etc.

Royal Mail have an interesting statement on 'mail integrity' (see below) which they clearly aren't upholding. However, it's still har to know if there's any remedy for proving they aren't doing so..


"Royal Mail Group takes the security of our customers’ mail very seriously. We have robust approaches to the security of mail and are committed to maintaining our high standards in meeting and exceeding the expectations of our customers. The security and integrity of mail services is regulated by Ofcom and we comply with the Mail Integrity Code of PracticeOpens in a new window to safeguard the confidentiality of mail and information conveyed."

[echat11]

https://www.met.police.uk/advice/adv...dentity-fraud/

[Prismatics]

Hi Echat. Is the link sent with the intention for me to protect my identity? I already follow the recommendations and am not on the electoral register. Or are you suggesting I make a police report re Royal Mail's ongoing misdeliveries?

[echat11]

Hi Echat. Is the link sent with the intention for me to protect my identity? I already follow the recommendations and am not on the electoral register. Or are you suggesting I make a police report re Royal Mail's ongoing misdeliveries?

You wouldn't need to protect your identity if Royal Mail weren't 'misdelivering' your mail.
Maybe get the polices view on it.