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Claim against the Royal Mail - Airsure


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Hi, I'm new to the site.

 

I'm posting in the hope someone may have some words of wisdom about claiming against the Royal Mail for compensation for a package posted abroad with their Air Sure service which was subsequently "lost".

 

The package contained £200 cash being posted to a country which my wife was informed by a PO cashier it was possible to post cash to. It later transpired it was not acceptable to do so and because of this the Royal Mail refused to pay out even though my wife had paid for compensation cover up to £200. Clearly there was a negligent misrepresentation by the cashier which led to the contract being entered in to.

 

My wife has a small claims hearing tomorrow morning to recover the sum. The RM say that statute precludes any such claim being pursued against them.

 

If anyone has any experience or advice I'd be grateful to receive it, albeit at the last minute.

 

Many thanks

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The RM say that statute precludes any such claim being pursued against them.

 

This is correct. The service is provided under Section 89 of the Postal Services Act 2000. The service is not contractual, and Royal Mail have no liability in contract law or tort in respect of any failures.

 

As for your negligence claim, there is a further clause elsewhere in the act which gives them exemption from liability for negligence.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks barracad

 

What if it were argued that the negligent misrep was a breach of statute (Misrep Act '67). Any idea if the Postal Services Act precludes the RM from being pursued in such circumstances?

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