Legalities of Late Postal Application

Log-on

Hi Guys,

I have a quick question i wondered anyone with legal knowledge might be aware?

Recently i made an application to a government department.To cut a long story short they internally redirected (undiscosed) and subsequently received the application a day later.

Due to this day late the application will not be accepted.

Is there any legalities about the date of an important applicaiton being sent by express registered post to a government agency? I was heard that if a legal applicaiton is made via registered post then it is made on the day it was posted not on the date of receivership due to reasons in case of postal strike, loss or other issues with a department?

Does anyone have any experience with this?

Many thanks

Denny_Crane

There is a legal concept known as the postal rule. Once something an acceptance has been posted to a party making an offer it is deemed to have been accepted, assuming no other issues. An application would strike me as being akin to the response to a tender however.

Log-on

Denny_Crane wrote: »

There is a legal concept known as the postal rule. Once something an acceptance has been posted to a party making an offer it is deemed to have been accepted, assuming no other issues. An application would strike me as being akin to the response to a tender however.

Hi Denny,

Thanks for the insights, it's actually for a Visa Application. Would this still apply as it's an application not a contract?

Denny_Crane

Log-on wrote: »

Hi Denny,

Thanks for the insights, it's actually for a Visa Application. Would this still apply as it's an application not a contract?

The postal rule is pretty archaic as it is, I'm not sure it'll get much application beyond contract. Is there some ombudsman or appeal process you could avail of?

Fred Swanson

This post has been deleted.

Losty Dublin

Having worked for a government department that dealt with time and date critical applications, we date stamped all applications and kept a ledger to record the amount of application forms received. Those that came in late, well they were still recorded and stamped, their envelope being attached to them. They were forwarded to the relevant section but their entry wasn't assured at that point. Busier applications were less likely to get a grace due to volumes whereas smaller ones could have a bit more leeway offered.

Those that came in via reg post or courier were logged via their postal ID codes noted and forwarded and signed for in house by the relevant officers.

As a side note, express post is not the same as registered mail. The latter is signed for and tracked; the former is merely an assurance of quick delivery.

Shelflife

Losty Dublin wrote: »

Having worked for a government department that dealt with time and date critical applications, we date stamped all applications and kept a ledger to record the amount of application forms received. Those that came in late, well they were still recorded and stamped, their envelope being attached to them. They were forwarded to the relevant section but their entry wasn't assured at that point. Busier applications were less likely to get a grace due to volumes whereas smaller ones could have a bit more leeway offered.

Those that came in via reg post or courier were logged via their postal ID codes noted and forwarded and signed for in house by the relevant officers.

As a side note, express post is not the same as registered mail. The latter is signed for and tracked; the former is merely an assurance of quick delivery.

Just a small point the OP said they sent it express registered, that would ensure fast delivery and it being signed for.

Fred Swanson

This post has been deleted.

Losty Dublin

Shelflife wrote: »

Just a small point the OP said they sent it express registered, that would ensure fast delivery and it being signed for.

Express Post isn't automatically registered and signed for, though. It was an assumption made from time to time by people when they queried about late or mislaid applications. There is an option for registering express post for a few € extra; perhaps OP did take it out. Pedantic I may be but it is worth pointing out

Shelflife

Losty Dublin wrote: »

Express Post isn't automatically registered and signed for, though. It was an assumption made from time to time by people when they queried about late or mislaid applications; . There is an option for registering express post for a few € extra; perhaps OP did take it out. Pedantic I may be but it is worth pointing out

As a Postmaster that was the point I was making 😀