Registered Letter addressed to the Occupier

Calahonda52

I understood that registered letters had to be signed for.

Any time I went to collect one in the Post office I was always asked for ID.

How can An Post ID "The occupier"

Any thoughts on why this medium/method was chosen?

Claw Hammer

They can ask for ID and to show documentation demonstrating that you are the occupier.

JVince

Most likely a summons for non payment of a TV license.

If they take it further, they will issue summons against the house owner or use other means to identify the occupier.

Very easy to find the house owner on Land Direct. If its rented, they may be able to get details from the RTB.

hullaballoo

they are trying to create a situation where they can summons an unknown person before the courts without tripping themselves up on data protection laws by using non compliant means to identify the occupant of a dwelling.

it's of broad interest whether they can effectively summons a person in this way.

what happens if no occupier presents themselves to collect the letter?

A350-900

Substituted service by ordinary post?

Calahonda52

So your sense it is a summons of some description?

The delivery address is unoccupied

Peregrinus

No reason to assume a summons, still less a summons for a TV licence. It could be a variety of things — e.g. statutory notice that must be given to occupiers of properties of public works that are going to affect them (like, say, road widening) or a notice in relation to intended compulsory purchase proceedings.

We'll never know. If the premises is indeed unoccupied nobody is entitled to receive the letter and so the sender, whoever that is, will be notified that the letter is undeliverable.

But note that "unoccupied" doesn't mean that nobody is living there; it means that nobody is occupying the premises for any purpose. Unless the property is actually derelict/abandoned, most likely the owner is occupying it, even if he not living there — e.g they keep furniture there; keep the property weatherproof and secure and in some kind of order. And, if that's the case, the owner probably does want to know what's in the registered letter, since it could very easily be something that will affect the property and/or its value. So he should probably attempt to collect the letter from the post office.

Yes, it might turn out to be a summons for a TV licence, which would be a bit of a pisser. But letting what might be a compulsory purchase order go unopposed because you didn't want to pay for a TV licence would be a false economy.

Calahonda52

Thank you P yet again for the post

Don't think its a TV summons as the owner is of the age to get it free and An post have been notified.

On further discussions it appears during the last storm some bushes in a shared boundary was blown down into the owners side and the neighbour accused the owner, who was on site tending to the property, of causing / adding to the damage as part of the clean up.

It seems the neighbour told the owner that he will be fined 5000 euro by the courts, without any input from him and once the court issued the fine that it would be 100 euro a day until boundary are back to maturity.

My take on the rules from Planning and Conveyancing Act 2009 were that court was only involved if they couldn't agree, or has this been amended.

Owner will replant, no problem with that.

Neighbour want fully mature yolks planted, which won't survive due to site conditioins.

Orban6

"It seems the neighbour told the owner that he will be fined 5000 euro by the courts, without any input from him and once the court issued the fine that it would be 100 euro a day until boundary are back to maturity."

I smell BS.

Peregrinus

Agreed. This is nonsense. The courts don't go around the place looking for disputes to intervene in. A boundary dispute, like any other dispute, only ever gets into court if one of the affected parties issues court proceedings about it.

The registered letter could, of course, be the service of proceedings about the boundary dispute, but this seems unlikely if it's addressed to the "occupier". The next-door neighbour knows the owner and has spoken to him; any proceedings about the boundary dispute will be properly addressed.

Woodcutting

https://www.boards.ie/discussion/comment/123318908#Comment_123318908

Great calm considered post as usual

Viscount Aggro

Postal sorting office have to tell you who sent the letter….. otherwise, return to sender.

I refuse to accept registered letters…. they are rarely good news.

Peregrinus

https://www.boards.ie/discussion/comment/123322280#Comment_123322280

(Bad news remains bad even if you don't hear it. "Head-in-the-sand" doesn't usually work out well as a way of averting whatever badness is threatened.)