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Hello!
I have a question about serving notices by fax: My car insurance provider failed to register my vehicle with MID who sent me an enforcement letter warning me that I must insure the car or be fined.
Now, I checked my records and the policy runs until 2016 which means I have a valid policy. Time to give the insurance company notice that they are in breach of contract. I guess another reason is to protect myself should the case go to court! But how does one serve a legally valid notice on the other party? I suspect the Magistrates' Court will need to be convinced that the notice was validly served. s. 7 Interpretation Act 1978 means that a letter with proof of posting is of course one option.
Still, I wonder how English law deals with notices sent by fax. A key benefit of fax over e-mail is of course that the fax journal provides a picture of the first page of the transmitted documents. Is there any case law making use of the postal system mandatory? I am aware that various courts on the Continent take drastically different views on the legal value of fax journal reports. It is constant jurisprudence of Germany's Federal Court of Justice that a fax journal showing "Result OK" to be a mere indication that a fax connection was successfully established and not of successful transmission of the documents. In contrast, the courts of the Netherlands treat a fax journal with "Result OK" as evidence of successful transmission on par with recorded delivery.
My reason for asking is to understand the risks and benefits of using the fax vis-à-vis the postal system now that there are also convenience and financial aspects considering that sending a fax costs about £0.10 while the cheapest form of recorded delivery cost about £2.70..
Thanks!
I have a question about serving notices by fax: My car insurance provider failed to register my vehicle with MID who sent me an enforcement letter warning me that I must insure the car or be fined.
Now, I checked my records and the policy runs until 2016 which means I have a valid policy. Time to give the insurance company notice that they are in breach of contract. I guess another reason is to protect myself should the case go to court! But how does one serve a legally valid notice on the other party? I suspect the Magistrates' Court will need to be convinced that the notice was validly served. s. 7 Interpretation Act 1978 means that a letter with proof of posting is of course one option.
Still, I wonder how English law deals with notices sent by fax. A key benefit of fax over e-mail is of course that the fax journal provides a picture of the first page of the transmitted documents. Is there any case law making use of the postal system mandatory? I am aware that various courts on the Continent take drastically different views on the legal value of fax journal reports. It is constant jurisprudence of Germany's Federal Court of Justice that a fax journal showing "Result OK" to be a mere indication that a fax connection was successfully established and not of successful transmission of the documents. In contrast, the courts of the Netherlands treat a fax journal with "Result OK" as evidence of successful transmission on par with recorded delivery.
My reason for asking is to understand the risks and benefits of using the fax vis-à-vis the postal system now that there are also convenience and financial aspects considering that sending a fax costs about £0.10 while the cheapest form of recorded delivery cost about £2.70..
Thanks!
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