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Strikes in postal centers: This applies to late delivery


Work is suspended in many Deutsche Post distribution centers, and the Verdi union has called for warning strikes. Some people may therefore have to wait longer for their broadcast. Can you do anything?

Work is suspended in many Deutsche Post distribution centers, and the Verdi union has called for warning strikes.

Some people may therefore have to wait longer for their broadcast.

Can you do anything?

Cologne/Bonn - Whether it's the eagerly awaited fashion package or the bill from the gas supplier: many shipments are likely to be stranded in the Deutsche Post distribution centers at the moment, waiting to be processed.

For recipients, this can not only be annoying, but also have unpleasant consequences.

What can those affected do now?

We provide answers to important questions.

How much time may elapse between posting and delivery of a shipment?

The Postal Universal Service Ordinance stipulates how long letters and parcels can be sent.

Accordingly, on an annual average, at least 80 percent of domestic letter mail must be delivered the day after it was sent, and 95 percent by the second working day after it was posted.

For parcels, 80 percent must be delivered by the second working day after posting.

Items dropped into a mailbox or handed in at a branch by 5 p.m. are considered posted on the same day.

According to the Federal Network Agency, not every single postal service provider active on the market has to meet this requirement.

However, Deutsche Post has declared in a self-commitment that it will comply with all the requirements of the regulation.

The Federal Network Agency checks compliance with the standards at regular intervals and identifies deficiencies in delivery or other deteriorations in the postal service through incoming complaints.

If she notices any abnormalities, she says she asks the respective postal company to rectify the deficiencies.

However, the Federal Network Agency does not have the option to impose sanctions.

What can recipients do if they have to wait longer for their mail?

If you have to wait a long time for your mail, you should first contact the respective postal service provider.

If the problems last longer or repeat themselves, it makes sense to file a complaint with the Federal Network Agency’s postal arbitration board.

The procedure is free of charge and should help to reach an agreement in a dispute between the customer and the postal company if the direct route has been unsuccessful.

How do I find out where the shipment went?

Difficult as a receiver.

Only senders can submit an investigation request to find out where the shipment has got to if the shipping method is suitable - such as registered mail or a package.

"Since the mail recipient is not the customer of the post office, the post office is not obliged to provide him with information;

but also not able to provide information, because only the sender knows when and where he delivered the letter," says Harald Rotter, lawyer and member of the executive committee of the working group of general lawyers of the German Lawyers' Association.

In some cases, however, shipment tracking can help if the recipient has received the shipment number from the sender.

As a recipient, can I hold postal companies liable for items that arrive late or not at all?

"The postal service is only liable to its contractual partner, the sender," says Rotter.

But then not with simple letters or parcels, but only, for example, with registered mail, insured letters or parcels.

The extent to which the letter or parcel sender is liable is stated in the general terms and conditions - the level of liability is usually limited, liability for consequential damage excluded.

How can I prove that, for example, an invoice has not arrived?

Recipients cannot provide proof that a mail item has not arrived.

"You can't prove nothing," says Attorney Rotter.

What if I miss a payment deadline due to late mail?

Then recipients have no legal consequences to fear.

If such a document does not arrive, the biller cannot demand any dunning or collection fees.

"If he does it, he has to prove that I received the bill," says attorney Rotter.

And that only works if the invoice was sent by registered mail and tracking shows that the delivery was successful.

The same applies to an invoice sent by email.

Proof that an e-mail has been sent is not sufficient.

According to Harald Rotter, anyone who is actually waiting for an invoice is not obliged to ask the biller.

However, if you receive a reminder, the lawyer recommends contacting the issuing company, informing them that the invoice has not been delivered and requesting a new one.

Otherwise you run the risk of having to bear the costs in the event of a lawsuit.

If you have received neither an invoice nor a reminder, but suddenly find a complaint in the mailbox, you should inform the court immediately and apply for the complaint to be dismissed because of the missing invoice, advises Rotter.

If the plaintiff submits a correct invoice, you should write a so-called immediate acknowledgment to the court and pay the invoice amount immediately.

With this step, the defendant recognizes the plaintiff's claim as justified, but thus avoids the court costs.

According to Rotter, the plaintiff would then have to pay for this, and if necessary also for the opposing attorney's fees.

The reason: The defendant was not to blame for the actual cause of the unpaid invoice, the non-delivery of the mail.


Source: merkur

All life articles on 2023-01-27

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