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Thread: Unpaid postage on FOI

  1. #1
    Regular Member m8internet's Avatar
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    Default Unpaid postage on FOI

    I made a request to another constabulary, for information relating to a Police vehicle, under FOI
    The request also asked that the documents be sent by RECORDED delivery, using the slip provided
    So far I have had three replies, confirming they received the request, and that the request would be processed within 28 days (as required under FOI), and finally that the documents had been prepared and would be sent out within the next 7 days
    These replies were all sent by First Class post

    Today I received a card from the Royal Mail, that there is unpaid postage
    I have worked out that the sender has not paid ANY postage on the RECORDED delivery item!
    In the event I refuse to pay the postage it will be returned to them
    I refuse to pay for their mistake
    Would this stand up in court, for failure under FOI?

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    you can tell the royal mail to burn it and they will
    all post must be pais for befor you post it

    and how did they post it without paying for it anyway if it sent recorded

  3. #3
    Regular Member stickshift's Avatar
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    Quote Originally Posted by chrisgettings View Post
    you can tell the royal mail to burn it and they will
    all post must be pais for befor you post it

    and how did they post it without paying for it anyway if it sent recorded
    Large users/businesses have their own supply of recorded/special delivery stickers. It is up to them to work out the postage, usually a franking machine will make all the calculations and print a label with the correct postage. Not all mail goes over the counter at the post office. The postage to pay item will stay at the enquiry office for 21 days. If the senders address is on the envelope it will then be sent back to sender (as "not called for") by return post on that day.

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    Regular Member MLC's Avatar
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    It's probably because they receive so many ridiculous requests quoting the freedom of information act. They've probably run out of cash.

  5. #5
    [Ex]Admin Duncan's Avatar
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    Regular Member Caterman's Avatar
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    Right, for what it's worth. If you need the information SO badly why the hell don't you just go and get the letter and pay the postage.

    I take it there is some sort of "technicality" involved which could involve you getting done or not so if it is so important why try to complicate matters.

  7. #7
    Regular Member m8internet's Avatar
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    Under the FOI the request was sent on 28 June AND to the correct address provided
    The initial letter confirms they have the request
    Now under the FOI they have 28 days in which to get the information available AND respond to the applicant within that timescale
    However, another letter was received on 27 July that the information would be available within 4 weeks, and no later than 27 August
    That is incorrect and is a breach of the FOI
    However, I have allowed this extra time, after contacting the FOI officer on 17 August and she confirmed she still did not have all the details I had requested

    There was no post on 27 August, so I allowed an extra day
    The documents would have arrived on 29 August and been signed for

    The documents were sent using the RECORDED delivery slip I provided, but no postage was applied, so it looks like she simply stuck it to the front and posted it...
    The Royal Mail website shows no details for the tracking number, so it has never even been processed!

    Why should I pay for their blunders on this...
    The information is late and has not been sent correctly
    The law system at its best, completely inefficient

  8. #8
    Regular Member m8internet's Avatar
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    Quote Originally Posted by Caterman View Post
    I take it there is some sort of "technicality" involved which could involve you getting done or not so if it is so important why try to complicate matters
    Under Scottish law documents have to be served in person
    Otherwise they are sent by post
    For this I ALWAYS use RECORDED delivery and I ALWAYS send a RECORDED delivery slip for the relevant authority to send the required documents to me

    More often than not they are not sent within the required timescale or just by normal post
    This is then presented in court under disclosure and this wastes time (and we are talkng months here)
    The case I am working on has been adjourned three times already, and I know the Sherrif is unhappy with both parties for various reasons
    He has already warned the PF for failure to provide information under disclosure which is why I had to make the application under FOI to ensure I have the information (which has still not been disclosed!)

    I am of the opinon that from the FOI request made and the supporting documents the case cannot proceed any further for failings under that alone and the failure of the PF for same

  9. #9
    [Ex]Admin Duncan's Avatar
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    Blimey - my eyes glazed over half-way through post #7!

  10. #10
    Regular Member m8internet's Avatar
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    This court case has been going for months...
    My original request for information was delayed, so I decided to move things along by making the FOI request
    Two weeks ago the PF presented some of the information, but some of it is still missing, so another disclosure request is going to be required
    I made three between the two previous intermediate diets, which resulted in the case being adjourned
    However, the Sherrif is clearly very unhappy at the PF being unable to present correct information on disclosure and on time
    "Yet another case delayed by disclosure from the Fiscal" was said numerous times while I was there!

    Best of all was a case about two months ago
    Woman was done for parking/stopping in the street, issued with a FPN which she declined
    Case came to court and was found "not guilty"
    A letter arrived the following day, a NIP for the same date and offence!
    The Sherrifs response really embarrased the PF, the accused was asked to leave the court and would be asked to return shortly
    "Have you got any other cases today where the accused has already been found not guilty and is being pursued again? Case dismissed, tell Miss X the matter is closed"

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