QUOTE (The Rookie @ Tue, 12 Aug 2008 - 14:57)
QUOTE (cjard @ Tue, 12 Aug 2008 - 10:08)
Regardless of the method of posting used, the date of service is presumed to be 2 business days after the date that it was put into the postal system. A frank or recorded delivery tracking entry will define that day, and in cases where the sender franks their own letters additional dates will be added by the royal mail such as to prove when the Royal Mail took responsibility of the item.
No its deemed delivered in the 'normal course of the post' that is 2 days for first class, and next day for special (according to RM's guarentee) that has replaced the previous 'signed for' delivery.
Is that the law, or your interpretation of it? The "2 business days after the date" comes from CPR4.1, and it does differ from the timescale in which the royal mail aim to deliver post (2 business days is [potentially] longer because saturday is not a business day AIUI).
I note youre using the word "delivered" where I'm using "served" - do you intend them to be synonymous or are you drawing a distinction between delivery and service?
Youre also using the word deemed in a more "non-final" sense than I was. I said "presumed served" because it is a rebuttable presumption (ref: patdavies) in contrast to "deemed served" which I intended to mean non-rebuttable
QUOTE
their computer record of 'posted' actually just means into their mail sack
Apologies, I should have clarified that by computer I meant "the Royal Mail's tracking computer that reads the barcode on the Signed For / Special Delivery sticker and acknowledges that the RM has taken responsibility for the item"
QUOTE
Its is, if its sent SPECIAL, then its arrived (as long as its correctly sent to the intended recipients last known address) whether it arrives, is lost or returned to sender, RM's tracing and delivery record is NOT relevant, the law has deemed that it was served.
You highlight special here, but i'm not sure why. The following postal options are written in law:
registered post, recorded delivery service, first class
I presume these would roughly align with the RM options of the day, which now align with the RM current offerings respectively:
special delivery (SD), recorded signed for (RSF), first class
SD has a guaranteed delivery time, but I don't think this alters any presumption-of-date-of-service, because it is not specifically mentioned.
Thus it remains that SD, and RSF are important because they accurately denote the date that the royal mail took responsibility for the item with the intent of delivering it, and two business days after that is the date of service. Post on a friday, service is tuesday. Your highlighting special, but omitting RSF, would imply that RSF is somehow deficient when it comes to forming an irrebuttable method of service.. but I dont reach the same conclusion..
Note, i'm not trying to form an argument here; i'm trying to get some precision. Please comment on the precision of the following statement:
Regardless of the method of posting used, the date of service is
presumed to be 2 business days after the date that it was put into the postal system.
In the case of posting methods that do not require the Royal Mail (RM) to acknowledge the date they took responsibility for the item, the (latest) franking or other officially stamped RM date defines the starting day of the serving process. The presumption of service is
rebuttable and can be overridden by proof that it was served later than presumed (court to decide eligibility of proof).
In the case of posting methods that require the RM to acknowledge the date they took responsibility for the item for tracking purposes, the official date of accepting the item defines the starting day of the service process. The presumption of service is
NON rebuttable and is declared served in line with the presumption. This statement makes no mention of the posting method requiring the participation of the addressee because it doesnt actually matter what happens to the item (lost, destroyed, delivered, returned; all irrelevant)
Thanks for the help