Hi
I am looking for a Commissioner's decision to back up argument ...if client states never received letter this can be used as evidence - this is to support failure to attend medical (IB) as client insists never received letter of appointment.

Have a look at CIB/1381/2003 (Helpful) and also CIB/4512/2002 (Unhelpful)....Can Fax you copies if you wish.

You might like to try and use the evidence of the Post Office itself, which admits to "misplacing" up to 500000 packages a year....see the link below...............

http://news.bbc.co.uk/1/hi/uk/1231012.stm

There was a Comms decision (sorry, can't recall the number) which basically said that proof of posting was not proof of delivery - even if the LA or BA could prove it actuall was posted: in the light of the above item on the PO, that sems plausible to me !

CIB 1381 2003 is on the cmmrs site