Second Royal Mail rival faces court over dumping

Another competitor to Royal Mail will later this month face court action for throwing away mail.

Postcomm, the industry regulator, will present evidence against an individual working for one of Royal Mail's rivals at Redditch, West Midlands. It will be the second prosecution of a new postal operator in two months as the regulator aims to ensure that service standards are maintained.

Competitors to Royal Mail include Express Dairies, UK Mail, Deutsche Post, TPG and Hays DX.

Last month a milkman employed by Express Dairies was sentenced to 40 hours' community service and ordered to pay Pounds 1,000 costs by Nottingham magistrates' court for dumping half a consignment of magazines and catalogues.

A spokesman for Postcomm said: "There will be more prosecutions. We hope there won't be too many more, but we have to ensure that the new operators maintain adequate standards."

Postwatch, the consumers' group, said: "The higher profile the action against dumping, the better, as it is one of the constant problems in the postal service.

But it also does not seem a level playing field when rival operators face prosecution but Royal Mail deals with dumping incidents itself."

Postal delivery workers in Royal Mail face internal disciplinary action from the organisation's large "policing" operation. However, they will not be prosecuted in court unless their offence is considered to be especially serious.

So far, Royal Mail faces competition in only a small part of its market, the bulk section, where customers send out more than 4,000 of an item. However, from next January it is expected that all barriers to competition will be remove.

The new prosecution is expected to be heard by Redditch magistrates on February 23.

Postcomm press release 9/2/05
Successful “mail dumping” prosecution for Postcomm
Postcomm has brought its first prosecution for mail dumping, under Section 83 of the Postal Services Act 2000, which criminalises interference with mail.

The case, heard at Nottingham Magistrates Court on 17 January 2005, followed an investigation by Postcomm into the illegal mail dumping activities of a casual employee working for a licensed mail delivery firm.

The case was the first of its kind to be brought by the regulator. Royal Mail has its own procedures for dealing with offences committed by its staff, and previous instances of mail dumping by licensed operators have been dealt with by the issuing of official Home Office cautions to the offending delivery personnel. However the circumstances this time were more serious and warranted prosecution under the terms of Postcomm’s Enforcement Policy.

The defendant pleaded guilty and was sentenced to 40 hours Community Service and ordered to pay £1,000 towards costs. He was aware that he was acting illegally in dumping a substantial proportion of the magazines he had been employed to deliver. His employer fully supported the prosecution and worked with Postcomm throughout the investigation.

In summing up, the District Judge underlined the serious nature of the offence, highlighting how important it was that the public should have full confidence that mail items would be delivered properly and on time. He said that, although he had chosen not to impose a custodial sentence, prison was an option where this type of offence was concerned.

Commenting on the outcome of the case, Sarah Chambers, Postcomm’s chief executive, said:

“The sentence and the judge’s comments make clear the very serious nature of this type of crime – offenders face severe penalties, even the possibility of a prison sentence. We hope the outcome of this case will send a strong message – to customers and postal operatives – that mail dumping will not be tolerated.”