ChatterBank4 mins ago
is it illegal to throw someone elses post away?
hi, i have recently moved house but still had important post going to my old address. as i went to pick it up i was told that they had thrown it in the bin. these letters included bank statements and dvla forms. and i just wondered if this was illegal or not. many thanks, roxanne
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The Postal Services Act 2000 is clear that an offence is created if anyone intentionally delays the post or intentionally opens a mail bag. The Act goes on to say: "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."
Which, as even non-lawyers will easily appreciate, is not the same thing as throwing away a letter because you can't be bothered to deliver it yourself. It could be argued, though, that putting mail in the bin counts as a "delay", albeit an indefinite one.
But the chances of being able to complain to the police about a negligent neighbour throwing away your letters is pretty slim, simply because of the difficulty of finding out about something you probably did not even know was on its way to you.
And even if there was evidence that someone had opened your letters, proving that they had done so intending to act to your detriment would be no easy task.
Incredibly rare
A Royal Mail spokesman admits it's unlikely prosecutions could be brought, simply because of the difficulty of getting evidence. Furthermore, he's not aware of anyone having been prosecuted for throwing misdelivered mail away.
The reported cases of prosecutions for tampering with the mail are incredibly rare, and involve rogue postmen.
http://news.bbc.co.uk.../magazine/3687109.stm
Which, as even non-lawyers will easily appreciate, is not the same thing as throwing away a letter because you can't be bothered to deliver it yourself. It could be argued, though, that putting mail in the bin counts as a "delay", albeit an indefinite one.
But the chances of being able to complain to the police about a negligent neighbour throwing away your letters is pretty slim, simply because of the difficulty of finding out about something you probably did not even know was on its way to you.
And even if there was evidence that someone had opened your letters, proving that they had done so intending to act to your detriment would be no easy task.
Incredibly rare
A Royal Mail spokesman admits it's unlikely prosecutions could be brought, simply because of the difficulty of getting evidence. Furthermore, he's not aware of anyone having been prosecuted for throwing misdelivered mail away.
The reported cases of prosecutions for tampering with the mail are incredibly rare, and involve rogue postmen.
http://news.bbc.co.uk.../magazine/3687109.stm
-- answer removed --
Had you set up a redirection service?
I get post coming here for old occupants, and I just write addresse not here, please return to sender. and stick it in the post box on my way to work.
Though I guess I could just stick it in the bin, it may be junk mail, it may be important - so I dont take the risk, as about 10 years ago, Id just moved into my new flat - the old occupants had left 2 weeks ago, and I kept getting all their post - they thought this was fine, and would turn up when they like to get the post, after two occassions where they came round at 7am on a Saturday morning - (here they kept ringing my door until i answered, and it did wonders for my hangover), and then a 10pm Sunday visit, I politely (ish) told them not to come again, and any more post addressed to them would be binned. - they kicked off (this was a middle aged couple) she was screaming, neighbours called the police - it all calmed down, and I was just advised to stick it back in the postbox. -
I get post coming here for old occupants, and I just write addresse not here, please return to sender. and stick it in the post box on my way to work.
Though I guess I could just stick it in the bin, it may be junk mail, it may be important - so I dont take the risk, as about 10 years ago, Id just moved into my new flat - the old occupants had left 2 weeks ago, and I kept getting all their post - they thought this was fine, and would turn up when they like to get the post, after two occassions where they came round at 7am on a Saturday morning - (here they kept ringing my door until i answered, and it did wonders for my hangover), and then a 10pm Sunday visit, I politely (ish) told them not to come again, and any more post addressed to them would be binned. - they kicked off (this was a middle aged couple) she was screaming, neighbours called the police - it all calmed down, and I was just advised to stick it back in the postbox. -
i went there to give them a redirecting address, no other occupants have moved in yet, it was the decorators that threw it in the bin. to change my address with a few places i needed things sent out first because i cannot change my address over the phone due to data protection, so one big vicious circle..
With respect they have no responsibility to use the redirecting address that you planned to leave, you'd be relying on their good will. It doesn't cost very much to have Royal Mail redirect your post, mine is being redirected for a year and it was only £40 or £50, you can get a shorter amount of time for less.
It is your responsibility to notify companies of your new address, with the likes of the DVLA you are committing an offence if you do not notify them.
The post office offer a service for mail forwarding when you change address, it may cost a few quid but it is a lot cheaper than:
a) Fines for personal details being incorrect on legal documents
b) Financial loss due to someone at your old address using information in the post that you have failed to redirect in which case your insurance would also not cover you for any loss.
Without proof of them putting it in the bin or disposing of it in any other way you do not have any redress at all.
Sorry to be all doom and gloom but it is in your interest to make sure things are sorted when you move house.
The post office offer a service for mail forwarding when you change address, it may cost a few quid but it is a lot cheaper than:
a) Fines for personal details being incorrect on legal documents
b) Financial loss due to someone at your old address using information in the post that you have failed to redirect in which case your insurance would also not cover you for any loss.
Without proof of them putting it in the bin or disposing of it in any other way you do not have any redress at all.
Sorry to be all doom and gloom but it is in your interest to make sure things are sorted when you move house.
its not a question of being bothered, ive only been moved 2 weeks and as you all probably know, moving is a stressful time and some things seemed more important than redirecting mail. as there are no new tennants living there yet i didnt see an urgent issue as nobody would be there to tamper with it. or at least put up on the side. maybe im just too nice and naive...
You have a suspect (the decorator, or their boss) and you have a confession (as near as damn it), why not at least teach them a lesson not to interfere with the mail in future? You'd be doing the public a service.
I dare say the Police will decline to pursue the query. When you get a service satisfaction survey from them, at a later date, you'll know what to say.
;-)
I dare say the Police will decline to pursue the query. When you get a service satisfaction survey from them, at a later date, you'll know what to say.
;-)
i am aware that i need to change addresses, but in relation to changing address i needed my counterpart to my driving liscense that was sent to my old address (due to data protection) in order to inform them of my new address. this is true of other things too. i did look in the bin it was empty as was emptied on friday.
It may not be legal,but it is still YOUR esponsibilty(without making excuses) to have you mail redirected.You can do it for all the household on one form from Royal Mail.
There are few things MORE important than redirecting mail,as you have found you your cost.if you HAD redirected it you wouldn't have found yourself in this mess.
There are few things MORE important than redirecting mail,as you have found you your cost.if you HAD redirected it you wouldn't have found yourself in this mess.
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