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Proving postage of documents

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  • Proving postage of documents

    I have been accused of failing to furnish information and I am interested to know what evidence would need to be presented in court to demonstrate that, on the balance of probability, a document had been posted?

    A simple log stating that a document was sent by first class post seems to be considered good enough when courts/police use the postal system, but the burden of proof seems to be far heavier on the public when trying to prove the same.

    Clearly, a recorded/signed for postage receipt would prove it was posted, but I don’t have this. I am wondering if a scanned copy of the document sent (that is signed and dated - the document is a speeding NIP), together with a witness statement from a spouse supporting the fact that it was sent would suffice?

    if not, what else would assist?

    many thanks
    Tags: None

  • #2
    Minimum proof of posting is a Certificate of Posting given when you hand an item in at the Post Office for posting - you have to ask for it. Anyone can produce a letter/document and say it was sent.

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    • #3
      A COP proves something was sent, but not what.

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      • #4
        Originally posted by 2222 View Post
        A COP proves something was sent, but not what.
        Neither does Signed For or Special Delivery. You would be unlikely to be sending payment for your vet bill to a request for info from the Court.

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        • #5
          Recorded Delivery acts as both i.e:= Proof of despatch of letter ( and a signature acts as a response (proof) of the said package delivered and received by receipiant) , proof of posting is just that a envelope sent but no proof of receipt at the other end, == this is an ongoing argument people throw up BUT receipt of receipiant is final proof of delivery to the office or person>

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          • #6
            Recorded Delivery was scrapped a feww years ago now and replaced with Signed For. The only tracking is done when the article is delivered and you may be able to see the signature obtained. The downsides are a lot are never fully delivered or signature obtained, the postman may have signed it - there are plenty tales online. Another scenario which crops up regularly is that most enforcement companies and some parking companies will refuse any correspondence that has to be signed for. Like it or not a CoP provides proof an article was posted and gives the postcode it is sent to on the receipt and according to the Interpretation Act this satisfies what is required and the article is thus deemed delivered within the apprpriate timescales.

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            • #7
              The times when I used signed for for legal documents the letters are still waiting to be delivered after 4 years !!!! Signed for never seems to work.

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