Recorded Delivery?

[Manxman]

You often see people being advised to use "Recorded Delivery" when sending documents etc (eg Letter Before Claim) that may require proof of delivery.

Isn't this actually a bad idea?

My understanding is that if a letter is sent first class from a post office counter, and the sender obtains a free certficate of posting then, under the Interpretation Act, that letter is deemed to be delivered on the second working day after posting - unless the recipient can prove it was not delivered. (Obviously proving something has not been delivered is difficult - unless you hire a Bentley to David Beckham.)

Isn't the problem with sending by recorded delivery (or any service that usually needs to be signed for by the recipient) that the recipient can refuse to accept it, thereby establishing that they have not received it or, by definition, it has not been served on them? I've always understood that sending by "signed for" alerts the recipient that the item being delivered may very well be something they don't want to receive...

(Apologies if I've started this thread on the wrong board, but this one seemed most appropriate and most likely to be read by people who will know the answer).

[des8]

I agree with you, but certain statutes (eg Torts (interference with Goods) act 1997 actually mandate notice of certain actions
be given by registered post or recorded delivery service

[Manxman]

I agree with you, but certain statutes (eg Torts (interference with Goods) act 1997 actually mandate notice of certain actions
be given by registered post or recorded delivery service

Thanks for that. Sorry for delay in replying but I've been away.

I did not know that.

Is there an information source anywhere that identifies those areas where a particular type of postal service is required?

[jaguarsuk]

Thanks for that. Sorry for delay in replying but I've been away.

I did not know that.

Is there an information source anywhere that identifies those areas where a particular type of postal service is required?

The Civil Procedure Rules

[Manxman]

Which bit?

[jaguarsuk]

Which do you think: https://www.justice.gov.uk/courts/pr...es/civil/rules

[Manxman]

I had no idea - why do you think I asked?

When referring others to particular pieces of information that can be found on the internet, I usually offer them the simple courtesy of also providing a link to the relevant piece of information so they can find it. I don't presume that they know enough that I can just say "XYZ" and they will know what I'm talking about.

[jaguarsuk]

I had no idea - why do you think I asked?

When referring others to particular pieces of information that can be found on the internet, I usually offer them the simple courtesy of also providing a link to the relevant piece of information so they can find it. I don't presume that they know enough that I can just say "XYZ" and they will know what I'm talking about.

The purpose of the question is to help you in looking at CPR and using it to do your own research. If the response was incorrect the correct answer would have been provided. Part 6 covers service: https://www.justice.gov.uk/courts/pr...l/rules/part06

[Manxman]

But I'm not doing research.

I usually contribute to this forum by trying to offer my own - I hope sometimes helpful - views to other posters based on two (now rather dated) law degrees and nearly 40 years work experience.

This particular thread is the only one I've ever started on this forum and it was initiated following a comment by VIP member ECHAT11 on another thread that the OP should send a document by Recorded Delivery or "signed for". This is advice I see frequently on this forum - especially from ECHAT11 - and I was asking in good faith what advantage this form of delivery had over 1st class post together with a certificate of posting from a post office, my understanding being that Recorded/"signed for" deliveries might always be refused by the addressee - thus making proof of delivery difficult in certain circumstances.

My purpose in asking the question was not primarily to educate myself, but hopefully to allow other posters and also anybody else who might read the thread to be better informed as to how some documents can best be sent, and that sending something "signed for" might not always be the best method of delivery.

DES8 appeared to agree with me, and also helpfully pointed out that a particular statute actually requires that some notices must be served by either recorded delivery or registered post. Being somewhat interested I asked if there was a convenient source listing when certain types of delivery were required, which then resulted in your rather unhelpful needle in a haystack response.

If you are telling me that your link answers my question (ie gives a definitive list of when registered post or recorded delivery is necessary or when 1st class post or even delivery by hand will suffice) but you simply can't be bothered to point out to me which bit, then I'll take some time to read it.

But if it doesn't and I'm wasting my time, may I suggest you confine your somewhat condescending and patronising one-line responses to other threads?

[MIKE770]

Legal papers and such Registered delivery Must have signature, proof posting an envelope does not mean it has been delivered (not lost in post).
Recorded Delivery cheaper but many times no signature shows on Royal Mail site only knowledge of receipt is if it is responded to. (Royal Mail expensive slapdash)
proof posting for non legal items of no real value is OK> a matter of commonsense and clerical expediency.

[des8]

.... and of course you can also use a process server!

There is no one answer, different situations require different approaches

[Manxman]

Legal papers and such Registered delivery Must have signature, proof posting an envelope does not mean it has been delivered (not lost in post).
Recorded Delivery cheaper but many times no signature shows on Royal Mail site only knowledge of receipt is if it is responded to. (Royal Mail expensive slapdash)
proof posting for non legal items of no real value is OK> a matter of commonsense and clerical expediency.

Another VIP Member (what is that supposed to mean, anyway?) whose post I am frankly struggling to understand. Does it answer my question? I don't know because it's unintelligible.

Can MIKE770 not post in English as opposed to some unknown jargon? This is meant to be a forum for non-lawyers isn't it?

[Manxman]

.... and of course you can also use a process server!

There is no one answer, different situations require different approaches

Well thanks Des!

You may not have actually answered my question but at least I appreciate that you have tried to treat it with the respect I think it deserved, and haven't tried to dismiss it with the sort of one line smart arse comment apparently favoured by jaguarsuk .

I still haven't read where Part 6 of the CPR answers my question, but I'm trusting jaguars not to be wasting my time.

If jaguarsuk is correct, I'll be back to thank him - or her. (Even so, I'd still like to know why their responses to my questions were so patronising.)

[Manxman]

The purpose of the question is to help you in looking at CPR and using it to do your own research. If the response was incorrect the correct answer would have been provided. Part 6 covers service: https://www.justice.gov.uk/courts/pr...l/rules/part06

My most sincere apologies to you personally if I've missed it (I've only started reading your link to Part 6 after my post #9 - there's quite a lot of dense text there and I may have overlooked the relevant bit) but where, for example, does it highlight the requirements mentioned by DES8 in #2? If I've missed it, please put me right.

If you know the answer, as I presume you must do - otherwise why post on this thread - I'm at a bit of a loss as to why you didn't simply provide a direct link as opposed to playing silly games saying "do your own research".

[R0b]

As Des mentioned, different approaches are required depending on the situation.

For example, in the context of a complaint in relation to a purchase of goods or services, I would almost always recommend sending the complaint by email if there is an address to use. Second best to that will be recorded delivery if you need to send by post because the advantage is that you can verify if it has been signed or not and use that as evidence or proof.

The Civil Procedure Rules govern both pre-action stage and when proceedings are commenced as per Jaguars post, particularly Part 6 of the CPR. Again, for example, para. 6.24 explains when documents other than the claim form are deemed to be served on the other side. So, for a letter before action sent by first class post or some other similar service that provides for next day (including recorded delivery) it will be deemed served on that person on the second business day it was posted. It is not necessary to send it recorded delivery and irrelevant if the recipient refuses delivery because the CPR says it is deemed served in any event on the second business day. However, you will still need proof that it was posted in some way and therefore a recorded delivery option is suitable as is a proof of postage receipt.

There is no doubt other legislation that governs service of documents or how complaints are handled but I doubt very much there will a single source where all of this is easily accessible because it will be so time consuming and costly. You would most certainly need to do your own research on the specific issue.