Communications Regulation (Postal Services) Act 2011

Chapter 8

Evidential provisions

Evidential provisions in relation to postage.

49.— (1) The amount of any postage or any other sum due and payable by a person to a universal postal service provider in connection with the provision of a universal postal service may be recovered from the person as a simple contract debt by the universal postal service provider concerned in any court of competent jurisdiction.

(2) The mark of a universal postal service provider or a foreign postal service provider of any sum on a postal packet as due in respect of that postal packet shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the liability of the postal packet to the sum so marked.

(3) In any proceedings for the recovery of postage or any other sum due and payable in respect of a postal packet, the production of the postal packet concerned with a stamp or other mark on it of a universal postal service provider, made in connection with the provision of a universal postal service, or of a foreign postal service provider, indicating that the postal packet—

(a) has been refused or rejected,

(b) is unclaimed, or

(c) cannot for any other reason be delivered,

shall, unless the contrary is shown, be sufficient proof of the fact indicated.

(4) In any proceedings pursuant to this section, a certificate purporting to be signed by a universal postal service provider stating that a specified sum is due by a specified person in respect of the provision of any universal postal service by the universal postal service provider, shall be evidence of the matters so stated without further proof unless the contrary is shown.

(5) In any proceedings pursuant to this section, the person from whom any postal packet in respect of which any such postage or other sum is sought to be recovered purports to have come shall, unless the contrary is shown, be taken to be the sender of the postal packet.