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Thread: Illegal post opening?

  1. #33
    ho! ho! ho! mofo santa claus's Avatar
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    Re: Illegal post opening?

    Aw c'mon, why does everyone take the pi55 when this guy posts? If he only has us to ask for advice the least we can do is try to help.

    Matty, don't try to prosecute your mum; it won't do you or her any good (and she's still your mum after all). I realise she is irritating you but stay cool and ride through it. Life gets harder than this believe me so save your strength for when it really matters.

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    Re: Illegal post opening?

    Quote Originally Posted by oolon View Post
    I don't actually think your mother is doing anything illegal, it is illegal to intercept mail, however when it is posted to her house, the mail has been delivered. The royal mail delivers to a property and not to a person.
    Nope. Postal services Act 2000, section 84.

    (3)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.
    The penalty, on summary conviction (i.e. Magistrates court) is up to a Level 5 fine (£5000 last time I looked), or 6 months in jail, or both.

    And those penalties are generally about the maximum Magistrates can impose, and a lot of things have much lower maximums, which should suggest that this is regarded as potentially a serious offence.

    Of course, those are maximums, and maximums are rarely imposed for a first offence unless there's a considerable back story aggravating the crime, and even that supposes that a conviction was achieved, with the " intending to act to a person’s detriment" and "reasonable excuse" caveats, and the "knows or reasonably suspects" qualification about incorrect delivery, open up a gulf of potential wriggle room. One argument would be .... "I open mail that comes through my door and didn't even notice, or think about, if it was wrongly delivered." I've quite genuinely opened mail that should have gone to my neighbour without even realising it until it was opened. I've also opened mail sent a friend that used to live with me to see, at her instruction, if it was important and to be forwarded, or just junk mail to be (at her instruction) binned.

    There are any number of situations in which mail could be legitimately or reasonably opened, but it certainly doesn't become a free-for-all opening mail once it comes through the letter box. Neither the wife nor myself routinely open each other's mail - it's a respect thing. It wouldn't bother me if she opened mail, but it would irritate the hell out of me if she thought she had a right to do so.

    As for Matty, could you get your Mum prosecuted? Maybe. But I suspect that there'd have to be more to it that it irritating you before it'd happen. And I completely agree with the tone of the thread that, bearing in mind we (or I, at least) have no idea of your circumstances or the nature of the relationship with your Mum, it'd be a bad idea to go that way. Contact every one you can and get your addressed changed, get the RM to redirect in the meantime and try talking to your Mum and telling her that you regard her opening your mail as utterly out of order and please don't do it again.

    That's my opinion, anyway.
    Last edited by Saracen; 13-10-2010 at 03:32 PM. Reason: Eagle-eyed Gerrard spotted typo.

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    Re: Illegal post opening?

    Quote Originally Posted by matty-hodgson View Post
    Is there anything I can do to get back at her then? Any kind of prosecution? I'd absolutely love to take her to court tbh.
    Nope.
    It is not illegal to open someones post that arrives at the correct address.
    It is illegal however to use the contents to the detriment of the original addressee.

  4. #36
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    Re: Illegal post opening?

    Quote Originally Posted by finlay666 View Post
    Send some poo in a box to yourself
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    Quote Originally Posted by Blitzen
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    Re: Illegal post opening?

    Quote Originally Posted by Blitzen View Post
    Nope.
    It is not illegal to open someones post that arrives at the correct address.
    It is illegal however to use the contents to the detriment of the original addressee.
    Obviously not read the whole thread
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    Re: Illegal post opening?

    Still a valid point tho, with ref to any possible legal action.
    [
    Quote Originally Posted by Blitzen
    When I say go, both walk in the opposite direction for 10 paces, draw handbags, then bitch-slap each other!

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    Re: Illegal post opening?

    Quote Originally Posted by 0iD View Post
    Sigged
    I should point out this is actually illegal to do via Royal Mail as sending bodily products is prohibited by the terms of use

    Couriers might be ok provided it is properly packaged

    (was going to send urine to Vodafone as ATM they are taking the piddle so to speak so had a read up on it )
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    Re: Illegal post opening?

    Quote Originally Posted by Saracen View Post
    ... get the RN to redirect in the meantime...
    Get the Navy to redirect your mail? That seems a bit over-the-top!

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    Re: Illegal post opening?

    Quote Originally Posted by Gerrard View Post
    Get the Navy to redirect your mail? That seems a bit over-the-top!
    Sending a gunboat is probably a little OTT!

    On a serious note, I'm sure this is a problem for M-H, so while the banter is OK - up to a point, dont let it get out of hand!
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    Re: Illegal post opening?

    Quote Originally Posted by GoNz0 View Post
    matty while your mother may be acting like a child there is no reason for you to.

    you will only regret in on her death bed.
    this

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    Ignore him at your peril.

    that is all.

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    Re: Illegal post opening?

    I've set up a mail redirect, and that seems to working already, but the fact I'm so pee'd off is cos I was due some compensation from an accident a while ago, and the cheque arrived in the post, which she opened then ripped up. So now I've got to sort all of that out, which is just totally unneeded tbh. And the reason for her being mad at me is cos I'm not there to take her daughter to school every morning now, which is ridiculous!

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    Re: Illegal post opening?

    If she opened the one with a Cheque in it and then ripped it up that falls under the illegal heading tbh, perhaps her reasons for doing it were to get it so that you'd ahve to move back home due to lack of money..
    As for the "Her" daughter thing, dont you mean your sister or is it a previous relationship thing?

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    Re: Illegal post opening?

    Quote Originally Posted by matty-hodgson View Post
    Is there anything I can do to get back at her then? Any kind of prosecution? I'd absolutely love to take her to court tbh.
    Not healthy, for you or your mother.

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    Re: Illegal post opening?

    Quote Originally Posted by matty-hodgson View Post
    I've set up a mail redirect, and that seems to working already, but the fact I'm so pee'd off is cos I was due some compensation from an accident a while ago, and the cheque arrived in the post, which she opened then ripped up. So now I've got to sort all of that out, which is just totally unneeded tbh. And the reason for her being mad at me is cos I'm not there to take her daughter to school every morning now, which is ridiculous!
    Well, I think we can all understand why you want to take her to court now. Being nosey is one thing, but ripping up your cheque is bang out of order. However, even in light of this new info, it's still not worth taking legal action. For a start it'll take ages, by which time you should be able to get all your important mail sorted anyway. Then there's the costs, and neither of you can afford it financially nor mentally. I can understand how frustrating it is not being able to get some sort of revenge, but if you can get over it then you'll look back and be glad that you did.

  17. #47
    Seething Cauldron of Hatred TheAnimus's Avatar
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    Re: Illegal post opening?

    You know the old addage about revenge, you'd better dig two graves.

    Legal action is normally the same, with one subtle difference, you pay someone else a lot of money to dig the two graves instead.
    throw new ArgumentException (String, String, Exception)

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    Re: Illegal post opening?

    Quote Originally Posted by matty-hodgson View Post
    ...And the reason for her being mad at me is cos I'm not there to take her daughter to school every morning now, which is ridiculous!
    Bit odd to say 'her daughter' and not 'my sister' isn't it ?. Gives the impression that you don't get on well with your Mum, or your sister...
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