Legal Assistance with Postnl Liability

Questioner

I regularly receive packages by mail. I always have the senders put on it; 'NOT AT NEIGHBOURS'. However, Postnl finds it necessary to deliver these packages to the neighbours when I am not home. What can I do against Postnl to stop this. Of course I have already filed several complaints with Postnl, but I have not received any serious response.

Lawyer

You must hold Postnl liable for consequential damage. on the basis of article 29 of the Postal Act 2009 can only be held liable for damage incurred if this is due to an act or omission which is aimed at causing the damage or with the knowledge that the damage would very likely result from the act or omission

Questioner

I checked article 29 but I am the recipient and not the sender of the postal package. Article 29 1. A provider of the universal postal service shall be liable for damage resulting from the loss, damage or delayed delivery of domestic postal items only if the sender uses a mode of transport in which a postal item is registered in accordance with the rules laid down for that purpose in the general terms and conditions of the postal carrier. 2. The liability referred to in the first paragraph shall not exist if the damage is solely the result of one or more of the following circumstances: a. the nature of or a defect in the item itself; b. insufficient packaging of the item by a person other than a provider of the universal postal service or its subordinates; c. a cause attributable to the sender; d. an act of war or armed conflict; e. detention by order of an authority competent to do so. 3. Claims may be submitted only by the sender. If the damage was suffered by a person other than the sender, the sender shall be entitled by operation of law to bring the claim on behalf of that person, either in his own name or as his representative. 4. Amounts above which the liability referred to in the first paragraph does not extend shall be established by general administrative measure, whereby the level of the individual amounts may be determined according to, among other things, the types of registration and the nature and value of a postal item. 5. A provider of the universal postal service may not rely on an exclusion or limitation of its liability arising from the preceding paragraphs of this article to the extent that the damage arose from its own act or omission, committed either with the intention of causing such damage or recklessly and with the knowledge that such damage would probably result therefrom. 6. With regard to the transport of mail from or to areas outside the Netherlands, a provider of the universal postal service shall only be liable in accordance with the provisions of the instruments of the Universal Postal Union or other treaties or decisions of international organisations binding on the Netherlands. 7. Any provision that deviates from this article shall be null and void.

Lawyer

It is clear to me that you are the recipient, which is why Post.nl is liable for the payment of the post, referring to article 29 of the Postal Act.