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View Full Version : Can Proof of posting be a 100% proof of service?



zwypl
16-03-2010, 16:35 PM
Proof of posting, is free, the tenant cannot reject the letter, or even if they are out it arrives. Some judges dislike it, as it does not have the signature to show actual receipt.

I thought of entering the following text in my future AST's-:

The Tenant hereby agrees that a ‘certificate of posting’ stamped by the post office bearing the tenants name and address shall be proof of service of the relevant document/s, and admissible in court as duly served.

What are your views, can this help or any ammendments?

karenlisam
16-03-2010, 17:00 PM
Proof of posting, is free, the tenant cannot reject the letter, or even if they are out it arrives. Some judges dislike it, as it does not have the signature to show actual receipt.

I thought of entering the following text in my future AST's-:

The Tenant hereby agrees that a ‘certificate of posting’ stamped by the post office bearing the tenants name and address shall be proof of service of the relevant document/s, and admissible in court as duly served.

What are your views, can this help or any ammendments?

I would say just from a non legal POV that the tenant can sign to agree that they agree it was posted but it would be a judge that decides if they deem it as proof of receipt as well as postage so would it make any difference ???

I was given some advice when posting my recent formal letters to nightmare LL to post two copies , one registered and one next day delivery (from different post offices ) and to mention this in the formal letter as even if the signed for was rejected then the second would be back up and proof I made every effort.

How that will pan out in reality is anyone guess although LL did indeed refuse to sign for the recorded but when he read the next day delivery which stated I had posted two letters he graced me with a phone call - even if it was only to tell me he was about to go bankrupt and couldn't fix anything !!

bullybantam
16-03-2010, 18:36 PM
Proof of posting, is free, the tenant cannot reject the letter, or even if they are out it arrives. Some judges dislike it, as it does not have the signature to show actual receipt.

I thought of entering the following text in my future AST's-:

The Tenant hereby agrees that a ‘certificate of posting’ stamped by the post office bearing the tenants name and address shall be proof of service of the relevant document/s, and admissible in court as duly served.

What are your views, can this help or any ammendments?

What's to prove the envelope wasn't empty?

westminster
16-03-2010, 20:05 PM
Proof of posting, is free, the tenant cannot reject the letter, or even if they are out it arrives. Some judges dislike it, as it does not have the signature to show actual receipt.

Are you saying you have direct experience of more than one judge refusing to accept a certificate of posting as proof of delivery?

This seems highly unlikely to me, as HM Courts serve civil claims, for example, by standard first class post - i.e. not a signed-for service - and those claims are deemed to be served. (If they did use a signed-for service, think of how many people would refuse to sign for delivery).

I would suggest that, if you are worried about it, send two identical copies of a letter from two different post offices with a certificate of posting. A judge could not fail to believe that at least one of the letters arrived.

seafossil
17-03-2010, 07:03 AM
Proof of posting, is free, the tenant cannot reject the letter, or even if they are out it arrives. Some judges dislike it, as it does not have the signature to show actual receipt.

I thought of entering the following text in my future AST's-:

The Tenant hereby agrees that a ‘certificate of posting’ stamped by the post office bearing the tenants name and address shall be proof of service of the relevant document/s, and admissible in court as duly served.

What are your views, can this help or any ammendments?

In my opinion, I dont think this would help. The court would be trying to determine whether Notice was served (and deemed received).

Proof of Posting just shows that you put a particular letter in the post on a particular date. To memory, it doesn't usually show the recipient's details either. What you ideally need is somekind of proof of delivery such as recorded signed for or a variation of some such. The problem is, something sent does not necessarily mean that it was received.

Other users have suggested posting two copies of something with the Court likely to conclude that it is probably that at least one of the letters reached the recipient and I think this may be your best bet.

I wouldnt worry too much about proving what was inside the enveloppe. If you are trying to prove that you served a Notice and you are able to show that you sent something to the recipient in or around the dates claimed, it shouldn't be too much a stretch of the imagination to guess what was inside the enveloppe....

Just my two cents...

SF