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With online shopping being at the forefront of our minds in the run up to Christmas, packages for people are going to be arriving left right and centre.
But rumor has it that people should not be signing for our deliveries – even if it being left with the neighbour saves a trip to your ‘local’ depot.
Not only that, it has long been the conception that it is in fact illegal to open someone else’s mail, even if it’s been delivered to your house.
Just because those rumours exist though doesn’t make them true however, so we’ve looked into the law and what is and isn’t allowed in the messy world of mail.
Opening someone else’s mail
The Postal Services Act 2000 section 84 states: “A person commits an offence if, without reasonable excuse, he – (a)intentionally delays or opens a postal packet in the course of its transmission by post, or (b) intentionally opens a mail-bag.”
It also says that: “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.”
It continues: “A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.”
Speaking to The Grantham Journal a Royal Mail spokesperson said: “Royal Mail’s duty is to deliver to the address written or printed on items of mail, or to an alternative address as agreed with a customer.
“The Postal Services Act is clear that a person is committing an offence if they deliberately open post which they know or suspect has been incorrectly delivered to them.
“If you receive mail intended for another person, such as a previous owner, it should be returned by marking the envelope ‘Return to Sender’ and placing it in any postbox.
“We would advise customers who are leaving a premises or moving home to use Royal Mail Redirection to keep their mail safe and secure. We would also suggest informing relevant businesses and personal contacts when an address is changed.
“Any customers concerned about their mail should contact Royal Mail Customer Services at www.royalmail.com, on Twitter @RoyalMailHelp, or on 03457 740 740.”
Signing for someone else’s mail
Having to head next door to ask your neighbour for your parcel that they’ve collected in your behalf is a lot more convenient that having to head to your ‘local’ postal depot. This is why most of us are more than happy to do so of course.
But according to the Mirror , warnings have been raised that doing so may actually expose you to the risk of a day in court.
It is important to note from the off that when you order something from a retailer, your agreement is with the retailer, not with any third party used during the delivery process – such as Hermes, Royal Mail or FedEx etc.
This means in other words that if things go wrong, it’s generally up to the retailer rather than the delivery firm to clear them up.
But parcel price comparison site ParcelHero has warned that deliveries which have been signed for by a neighbour present something of a grey area when it comes to consumer rights if there is anything wrong with the delivery.
For example, what happens if your neighbour accepts a parcel on your behalf, but when you open the box the item is damaged?
The retailer will argue that the item is their responsibility up to the point that it is signed for. If no issue with the item is raised at that point, how can you prove that it was damaged in transit and not by the neighbour?
ParcelHero says this will come down to whether you named the neighbour as a delivery option at the outset.
If you did, then the retailer will claim that delivering to them is no different to delivering the item directly to you, which they will use to try to deny you compensation.
However, consumer champions Which? are clear that you can’t sign away your rights – just because you or your neighbour signed to confirm the parcel was in good condition, you still have legal rights and should pursue a complaint for a replacement.
If you didn’t give permission for the item to be delivered to the neighbour, then you can claim the retailer is in breach of contract, meaning it can still be considered undelivered and is therefore the responsibility of the vendor.
What if it gets stolen after being collected by a neighbour?
Believe it or not, this has happened recently according to ParcelHero, with an elderly gentleman accepting delivery of some dresses for their neighbour.
He then went out, at which point he was burgled, with the thieves making off with the delivery package sat by the front door.
The retailer argued that the order had been delivered safely, so it was no longer the firm’s responsibility.
However, the man’s insurer argued that as the dresses were not his property they are not covered by his home contents insurance.
The final decision hasn’t been made public, though ParcelHero reckons that unless it could be proven that he had failed to take “reasonable care” of the parcel – for example by leaving a door or window wide open – then it is unlikely that the neighbour can be held personally responsible.
Nonetheless the elderly neighbour was threatened with prosecution as a result of the burglary.
They signed for it, but now it has disappeared
It’s bad enough if things go wrong when your neighbour is trying to be nice when collecting a delivery on your behalf.
But what happens if they accept the delivery, and then deny it, holding onto your goods?
Which? point out that again it all comes down to whether you gave specific delivery instructions to leave the parcel with that neighbour.
If you did, then the seller is not responsible if something goes wrong, but if you didn’t you can claim breach of contract.
As a result you should be entitled to a replacement from the retailer.
How to complain
If things do go wrong with a delivery, and the retailer isn’t helping, then it is important to follow their usual complaints process and give them a chance to fix things.
For help with this process, it’s worth a look at complaints service Resolver .
It’s free to use and can help you draft your complaint document, provides a single place to keep all of your case details, and advises you on how to raise your complaint to the next level if the retailer doesn’t address your complaint to your satisfaction.
Spokesman for Resolver, Martyn James said: “Countless millions of us feel held hostage by rubbish delivery firms. Lost days off work, damaged goods, faked deliveries and many, many more problems occur – and it’s really not acceptable.
“The good news is you shouldn’t be fobbed off to the delivery company to complain. The shop you bought the goods from is responsible for the delivery – and if there’s any dispute, they should sort it. And if they don’t, Resolver can help you make a complaint.”
To read more about the Royal Mail, click here.
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