As a result of numerous reports regarding irregularities in the services of Poczta Polska SA, Piotr Mierzejewski, director of the BRPO Administrative and Economic Law Team, asked Aleksandra Bargiełowska-Antczak, director of the UKE Postal Market Department, with a request to present actions taken against the company.
Problems with shipment of private entities, offices and courts
The media are increasingly informing about problems with the quality of Poczta Polska’s services. A negative assessment of functioning also results from numerous complaints to the Ombudsman. They mainly apply to shipments as part of universal services, whose broadcasters are private entities, offices and courts.
Irregularities in the provision of universal postal services, Especially in delivery of registered mail, they are not limited to difficulties in traditional correspondence. In today’s realities, this problem mainly applies to official and court letters addressed to citizens.
The delivery of the magazine has significant legal effects
The delivery of the magazine has significant legal effects, including the start of procedural terms. In the event of incorrect delivery, the party may be deprived of the possibility of defending their rights, which in extreme cases results in even the invalidity of the proceedings.
The process of implementing compulsory e-mails
The Ombudsman’s Office notes that The process of implementing compulsory e-mails does not yet include the whole society and will probably take an even longer time. It can therefore be assumed that the traditional form of communication between the state and the citizen will still be important in many areas.
Delays in delivery of official and postal parcels, no advice
Complaints indicate serious delays in delivery of official and postal parcels. The biggest accusation is the frequent lack of leaving notes, both the first and repeat, by the delivery in the mailboxes. These actions are of particular importance in the case of court and official delivery, where the lack of advice may result in serious consequences for the addressee
No advice and the effectiveness of delivery: Consequences for the addressees of court and official shipments
The lack of receipt of the letter after a twice Aviza results in the presumption that the delivery was effective. Lack of advice prevents the addressee from obtaining information about the need to pick up the parcel, which often leads to the fact that the party learns about proceedings only at a later stage, e.g. during enforcement. In such situations, this person has difficulties in proving that he did not receive a notification and did not receive a letter without his own fault.
Complaint
As we read in BRPO information “in The thought of postal right is entitled to a complaint. – to the court or administrative bodies, and the addressee only after the waiver of this right. Therefore, even initiating the procedure aimed at determining what the fate of the parcel was, it is not in the first step to the addressee, the most interested in such arrangements. “
Incoherence of postal delivery: risk for the parties to the proceedings and evidence difficulties
All this means that the party to the proceedings is unjustified with the risk of not receiving a letter resulting from the inefficient operation of the postal operator. Proving that Lack of pickup was not the address of the addressee, it can be uncertain, and in some cases it is impossible to carry out. This requires the courts or authorities to conduct the so -called mishaps proceedings, which include elements of evidence to determine that the addressee did not have the opportunity to receive the letter and take the necessary actions to defend their rights on time. This is particularly severe for people who do not have proxies, which is almost a rule for the delivery of the first letters initiating the proceedings.
The parties do not answer the letters without their own fault, even the post office confirms the mistakes of the delivered
The spokesman often gets acquainted with the files of proceedings. There are situations when the site did not receive a parcel without its fault. In one of the proceedings, the post office itself issued a “certificate” to the party that it should be assumed that a significant delivery person did not leave an advice in connection with the delivery of the order for payment along with the lawsuit. This made it possible to accept opposition and lose the power of the payment order.
In most cases, the parties to the proceedings cannot count on the fact that the postal operator will admit to neglect in fulfilling their duties. The scale of this problem is so high that it raises a serious and real risk for the correct course of court and administrative proceedings. It is unacceptable that constitutional guarantees, such as the right to court, are weakened by improper operator’s actions and the ineffective functioning of the postal operator.
Lack of advice and silent e-monitoring deprived the candidate in recruitment to the police
In another case, the complaint did not receive a notificationso she was not informed about the attempt to deliver the letter regarding the exam as part of the recruitment to the Police. It was not protected by the e-monitoring system against the effects of the delivery errors-no information was provided via SMS or e-mail.
System of delivery based on the unreliable practice of Poczta Polska
The current service system was based on the assumption that Poczta Polska is fulfilling its tasks. Social trust in the operator was connected with this. At some stage of the proceedings, the legal security of citizens rests in the hands of the delivery. Unfortunately, signals from citizens indicate that this assumption should be revised.
RPO: Traditional service still requires control
It is all the more necessary for the RPO to the UKE – dealing with the regulation of the postal market and the control of the activity of postal operators – to know whether the problems of the functioning of Polish Post Office are identified by the office and whether there were or will be undertaken control activities.
The need to deal with the described irregularities cannot be diminished by the introduction of e-mails. Completely replacing traditional delivery with electronic form towards all groups of citizens and in all proceedings is a matter of a rather distant future. In the opinion of the spokesperson, the currently found problems already require the reaction of the control authority.
Source: Public Information Bulletin of RPO – bip.brpo.gov.pl
