This deserves air time....

http://www.owerhall.bigpondhosting.com/undelivered/start.html

When does 'delivered' really mean, DELIVERED!

Australia Post Registered Mail Delivery Loop-hole

Scam!

 

The Problem:

1. I was puzzled why registered post mail items that I had sent or was expecting had never arrived at their destinations.

2. For example, my Real Estate Agent sent me a letter by registered post and it took "2" (two) weeks for me to receive it!. As result of me not receiving the letter and since I had no knowledge of the sent legal documents contained in that letter which was a 'Notice' to conduct a routrine inspection, next thing I know I was summoned to appear before VCAT to answer why I havent allowed the landlord entry as shown in the proper "Notice"

3. I was also puzzled as to why I havent received mail from Australia Post on numerous occations or have any of my mail being delivered and or 'redirected' as purchased from the Post Office.

4. I have made numerous attempts to resolve these issues with Australia Post but to no avail and the problems continue. I have attempted to resolve these issues with Australia Post but nothing happens. I have instigated and logged numerous investigations with their 'internal' department and nothing seems to happen?

5. The only point of contact for person to make a complaint to Australia Post is to call their 131318 phone number, there are no addresses or people that one can write to make a complaint. When I lodged a complaint with the internal investigation with Australia post using their 131318 number I was refused and not provided a reference number or any confirmation by email (any evidence) that showed any investigation was innitiated or pending, correspondence that I could rely on if wanting to refer to the matter at some point later on.

6. After looking into the problem, I found that there appears to be a serious loop-hole in the registerd mail procedures that if left unrectified appear to have potentially serious ramifications to not only to our legal system but people in general. The courts including VCAT have convicted and evicted people that have claimed having never received a registetred post item in the mail.

7. The courts including VCAT take the Registered mail 'lodgement receipt' as 'proof' of delivery of an item in the state of Victoria even if the item was never actually deliverd and therefore not received.

The Evidence, Case 'on' point:

8. On 19 March 2013, six people from my local Real Estate Agent including my landlord 'turned up' by surprice at my door step wanting to come in to conduct a routine annual property inspection...Doh!

9. I refused entry on the grounds that I had not received the required "Notice" as specified under s.86 of the Residential Tenancies Act 1997. I was perfectly in my rights to do so and refuse entry.

10. The agent insisted that it had in fact sent me already on
12 March by 'registered post' the required Notice and that they had the 'receipt' to prove it. I demanded to see the receipt which they provided and under close scrutiny the receipt appeared to be genuine.

11. Two days later on 22 March, PRESTO! I finally did receive the registered mail item which at this stage was now 11 days after the fact.

12. I was puzzled by this delivery delay since it was "not" the first time this has happened to me. I decided to conduct an experiment to investigate what might be causing this mail delivery anomaly.

13. On 12 September I walked into an Ausatralia Post Office at the Point Cook, Williamstown and Werribee, and in each post office I purchased a registered mail letter and proceeded to fill it out addressing it to my Real Estate Agent.

14. I approached the counter where the person logged the letter into the system and just as he finished doing so I requested if I could make a correction since I had written a wrong address on the envelope and that I needed to change it.

15. The person gave me the letter an asked me to bring it back immediately once I had finished making the required corrections. I took the letter he handed me and left the post office. Once I got home I went online onto the Australia post mail tracking service (see below) and sure enough the item appeared to be in 'Transit' logged in the Australia Post mail delivery universe,

(see the registered post letter item number 508824821011 being in Australia Post 'transit' even tough I have the item in my posession) copy and paste the number into the Australia Post search box and hit search.) here Australia Post Mail Tracking Service.



The implications:

16. You can clearly see the serious implications that a loop hole of this kind represents such as the inspection incident I encountered with my landlord and its Real Estate Agent from Point Cook.

17. Oh, and I'm sure you're wondering as to when am I planning to actually send the registered mail items such as the one shown below? now that's a really Good question?

18. What is the difference between “receipt” and “delivery” of a Registered Post mail in Victoria? This question was considered by the Victorian Supreme Court in the Case: NS v CH (Residential Tenancies) [2008] VCAT 971 (14 May 2008)

 

Conclusion:

19. The Registered post mail system service has no value unless the delivery of items are "guaranteed" by that service ie Australia Post take steps to maintain the intergrity of the service in Victoria to which the public and our justice system have come to rely upon.

The Exhibits:

20. The following three images are from the registered post letters that I purchased from Australia Post.

Exhibit 1

21. The Australia Post registered mail lodgement Receipt.

This is a photocopy of the lodgement receipt for one of the registered post letters that I purchased number: 508824821011.

Exhibit 2

22. The Australia Post registered mail posted letter item.

This photocopy of the Registered mail letter item number: 508824821011

Exhibit 3

23. The Australia Post registered mail item tracking service.

This is a screenshot of the Australia Post mail tracking website page.

24. The Australia Post registered mail, meaning of the term "Transit"

This is a screenshot of the Australia Post mail tracking service website definition for the meaning of "Transit" for item number: 508824821011

NOTE: I invite Australia Post to contact me to discuss this serious problem issue including the three registered post items that were purchased for the purposes of this experiment!

Relevant Lagislation:
AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 101

Articles carried by post to be taken to be Australia Post's property
For the purpose of any legal proceeding or action in relation to an article carried by post or under the control of Australia Post, the article shall be taken to be, while it is being carried by post or under the control of Australia Post, the property of Australia Post.