Parcel sent by Royal Mail signed for by someone else!

[looking4someadvice]

Not to MODS:- Please don't move this thread, I created a thread about this a few days ago and it was moved and no-one has replied to it.

 

Ok....Basically a couple of months ago i bought an item and it was sent via Royal Mail Special Delivery, I never received it so i chased them up a few times although i have only recently heard from them.

 

It has been signed for by someone else, The seller sent me an email saying it was delivered to my address it couldn't have been.

 

It was bought off Ebay but it's too late to open a Paypal dispute as it's over 45 days since i won it so where do i stand and what do i need to do? The seller is a business seller.

 

Thank you.

[SharpmanTF1]

ask the seller for the track and trace number and see if royal mail have record of it being signed for. they should - hopefuly have a copy of the signature.

[looking4someadvice]

ask the seller for the track and trace number and see if royal mail have record of it being signed for. they should - hopefuly have a copy of the signature.

 

Hi, I have got the tracking number and there is a signature, Not sure who's signature though so what should i do?

[looking4someadvice]

Oh and i have just received an email from the seller saying that they have done everything correctly and there is nothing they can do, They have told me to take it up with Royal Mail.

[SharpmanTF1]

try claiming against royal mail.

[looking4someadvice]

Shouldn't the seller be refunding me and taking it up with Royal Mail? From what i understand it's down to the seller to take it up with them not me.

[looking4someadvice]

Anyone? The seller has basically refusing to do anything about it and just said "contact the police".

[buzby]

The seller has done all they reasonably can. The delay in chasing up the non-delivery is significant, and as RM have provided a signature they're going to say it was delivered. What you need to do is contact RM to explain the signature they obtained is NOT yours or anyone else in the household, so you require additional info on WHERE it was delivered.

 

For info - this problem is not unknown, and I have had several instances where an item was misdelivered (yet signed for) but chasing this within days of delivery makes it easy to chase up those concerned to what they actually did with it. More than 45 days is really streching it - and as far as the 45 days limit on eBay is concerned, it wouldn't matter - as the delivery reciept would be accepted by them.

[cmayos]

Having dealt with couriers in the past I think it is their responsibility and they have to do the leg work to chase it up. You need the seller to chase Royal Mail and try it from your end.

[perplexity]

Except that a receiver of mail specifically grants the authority, nobody has the right to sign for somebody else's mail and keep it, so the fist thing to do is indeed to report the incident to the Police.

 

With that achieved, the Royal Mail, the seller, Paypal and whoever else who may be concerned are going to take it that much more seriously.

 

8)

[buzby]

Police? Nope. Try the RM investigation unit (via customer services). Police do not become involved with RM matters unless invited by them. Secondly the interception of mails applies to letter post only, not parcels or courier services.

[perplexity]

The Postal Service Act refers to a "postal packet":

 

A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

The Police investigate supected offences. That is what they are paid to do.

 

If they refuse, report to the IPCC.

 

[buzby]

Which requires to be sent by First or Second Class mail (a recent invention, don't worry about it). If not - there is no issue to pursue using this legislation, but do tell me how the police are going to do anything.

[huggys boss]

Stupid question.............

Have you spoken to your neighbours?

 

I often sign for and take parcels in for my neighbours, and rarely do Royal Mail or any of the other delivery services put a card through the neighbours door to say where the parcel is.

 

If your parcel was a small one, it may be tucked away in the back of a neighbours drawer or kitchen cupboard!

[perplexity]

Postal Service Act s.125

 

Interpretation:

 

“postal packet” means a letter, parcel, packet or other article transmissible by post,

 

[buzby]

Parcel services are not 'post'. But hey, believe what you like.

[perplexity]

According to the Terms and Conditions for Royal Mail Special Delivery:

 

Unless inconsistent with the conditions of the Agreement and insofar as they are not already incorporated into the Agreement, the provisions of all relevant Schemes relating to the inland post made under section 89 of the Postal Services Act 2000 shall apply to all Postings made under the Agreement. The Scheme is available on Royal Mail's website at www.royalmail.com.

[buzby]

Which is their voluntary opt-in. As I discovered, they blow hot and cold over what is and is not covered. As can be easily ascertained by reading the quote. You should also check out the mentioned 'inconsistencies' which includes theft and fraud.

[perplexity]

Which is their voluntary opt-in.

 

Acts of Parliament are not voluntary options, nor is s.84 of the Act in any way associated with an option defined by the Act.

 

The Terms and Conditions for all of the Royal Mail's postal services announce themselves "under section 89 of the Postal Services Act 2000" or words to the same effect. In this respect there is nothing at all so special about the Special Delivery Service.

 

c.f. also section 109

 

Evidence of thing being a postal packet

 

(1) On the prosecution of an offence under this Act (whether summarily or on indictment), evidence that any article is in the course of transmission by post, or has been accepted by a postal operator for transmission by post, shall be sufficient evidence that the article is a postal packet.

 

[buzby]

I didn't say the AoP was voluntary, it only covers Letter Post.

 

If RM wishes to extend this to other services (and in 1990 it hadn't) that is their decision. It certainly was not any requirement, and if they chose to make it an add-in, good for them. (Or not, as the case may be). As the AoP provides them with some staggering Crown Immunity protections.

[perplexity]

If RM wishes to extend this to other services (and in 1990 it hadn't) that is their decision. It certainly was not any requirement, and if they chose to make it an add-in, good for them. (Or not, as the case may be). As the AoP provides them with some staggering Crown Immunity protections.

 

1990?

 

The Postal Services Act came into force July 2000.

 

s.84 is "general", applying to "a person".

 

s.83 is the section to apply to "postal operators", hence "A person who is engaged in the business of a postal operator".

 

[buzby]

The PSA simply updated previous legislation, indeed in many areas there is no difference. Perhaps you need to define 'postal operator'. Not all firms require to be designated as such. As for 'postal authority' there is only one, RM.

[perplexity]

...Perhaps you need to define 'postal operator'. Not all firms require to be designated as such. As for 'postal authority' there is only one, RM.

 

I provide the hyperlinks such as the one to section 125 to make it that much easier to read the material, so why not do so, every once in a while?

 

“postal operator” means a person who provides the service of conveying postal packets from one place to another by post or any of the incidental services of receiving, collecting, sorting and delivering such packets,

"simply updated previous legislation" is ludicrous, because the said operators were not previously allowed, not to mention a number or other fundamental changes.