A late or missing postal item can create procedural and commercial risks: a party may miss a deadline, lose time responding to a claim or need to prove why a document was not received. The first task is to preserve evidence of dispatch, tracking and the actual delivery timeline.
Historical case note
In a 2020 matter, a company did not receive important correspondence in time. A regulatory response confirmed a breach of delivery timing and became part of the evidentiary record used to address the consequences of the delay. This note describes the approach, not a guaranteed result in other cases.
Current complaint framework
Article 37 of the Federal Law on Postal Communication allows a postal-service user to submit a complaint to the operator for non-performance or improper performance, including a request for compensation where appropriate. For non-delivery, late delivery, damage or loss, the statutory time limit is generally six months from posting. The current Postal Service Rules also regulate who may complain and how complaints are registered.
Evidence to preserve immediately
- the postal receipt, tracking number and inventory of enclosures where available;
- tracking history and screenshots showing the status and dates;
- the envelope, delivery notice or the item itself if it was delivered late or damaged;
- the document that made timing material, such as a court notice, contract or deadline letter;
- correspondence explaining the procedural or financial consequences of the delay.
Complaint checklist
- Identify whether the sender, addressee or an authorised representative will complain.
- Describe the item, dates, tracking number and the requested remedy.
- Attach the available supporting documents and retain proof that the complaint was submitted.
- Keep a copy of the operator’s response and any regulatory response.
- Use the evidence carefully in the related court or commercial matter, if the delay affected a deadline or loss.
What a finding does and does not establish
A finding about postal delivery may help prove the timing of a postal-service failure. It does not automatically restore a missed procedural deadline or prove every loss; the requesting party must still show the causal link and meet the requirements of the relevant court or contract procedure.
Legal assistance
I help preserve the documentary record, prepare complaints and assess how delayed delivery affects a court deadline, contract dispute or other legal matter.