How do I sue a PO BOX ?

Daff_Duck

Daff_Duck

Daff_Duck

Associate
Joined
18 Oct 2002
Posts
797
Location
Manchester
Hope someone can help or maybe advise if they have had a similar issue. Top and bottom of is that I have consulted a solicitor who says I have strong grounds in respect of sueing an architect however he hides behind a PO Box address. Once I am succesfull in court (small claims) the only obstacle is that in order to recover costs if the defendant doesnt play ball is how the heck can I send baliffs to a PO Box?

I have tried all avenues but the Data protection act covers companies for ex RM from releasing the registered address of the PO Box owner same for the Local Paper where this person advertises. In addition Trading standards (if you can call them that now) As its the Consumer Council who take the issue and if it is worth passing will do so to the relevant trading standards authority.

So my question is has anyone got any ideas of how I can get round it or what action to take. I have a fairly good idea of were this person lives but dont want to start naming it on any notices just in case.

:rolleyes:
 
Carry on as normal with a solicitor. Eventually the person or company behind the PO BOX will have to appear in court. When they do, their full details will be made public. If they don't show up in court, the court shopuld be able to order the RM to release details.
 
Spie said:
Correct.
Click to expand...


NO they are not legally bound the Data protection act prohibits them giving out the address unless they are legally forced to do so.. seeing as this is a small claim £1000 !(the small claims court is the option I must take)there is no point in going down the solicitor route because the monies that are owed to me will be eaten into by the cost of the solicitor - whilst I will see some of the monies I will not see all of it.

Therefore I have been advised by 2 diff solicitors to go it alone but both have warned that it may not be possible to sue a PO Box. I have spoken to RM and to the Local Paper all of who quote the Data protection act. so if you want to be a criminal just reg a PO Box and you are set because the Data protection act works both ways !

The best I can hope for and I am going to do this is to send another letter to the PO Box but if he/she doesn't reply there is not a lot I can do except go ahead and take it to the small claims - I just asked just in case anyone else had gone through the small claims and wanted judgment against a PO box and if they did where they succesfull in obtaining the name and address of the person at the end of the day.

:rolleyes:
 
Daff_Duck said:
NO they are not legally bound the Data protection act prohibits them giving out the address unless they are legally forced to do so.. seeing as this is a small claim £1000 !(the small claims court is the option I must take)there is no point in going down the solicitor route because the monies that are owed to me will be eaten into by the cost of the solicitor - whilst I will see some of the monies I will not see all of it.

Therefore I have been advised by 2 diff solicitors to go it alone but both have warned that it may not be possible to sue a PO Box. I have spoken to RM and to the Local Paper all of who quote the Data protection act. so if you want to be a criminal just reg a PO Box and you are set because the Data protection act works both ways !

The best I can hope for and I am going to do this is to send another letter to the PO Box but if he/she doesn't reply there is not a lot I can do except go ahead and take it to the small claims - I just asked just in case anyone else had gone through the small claims and wanted judgment against a PO box and if they did where they succesfull in obtaining the name and address of the person at the end of the day.

:rolleyes:
Click to expand...
Hmm, then things have changed. You used to be able to request the address behind a PO Box number.
 
Spie said:
Correct.
Click to expand...
Not correct.

They CAN reveal data, but aren't obliged to do so.

It's in the terms and conditions when you take out a box that they reserve the right to reveal addresses. It is possible to get fully private boxes, for services where it is needed, but only on written recommendation from the police or a similar authority. An example would be a rape crisis centre.

But conversely, the PO are blowing smoke up Daff_Duck's wotsit if they say the Data Protection Act prevents them revealing name and address. It doesn't. It's THEIR choice whether to or not, short of a court order.

All this is defined in the postal scheme, as authorised by the Postal Services Act 2000, under which this and other postal services operate.

Oh, one more thing, Daff_Duck. The PO not only reserve the right to disclose, but also specify that any abuse of the box, or anything that may bring the PO into disrepute (including but not limited to fraud and other illegal activities), is grounds for immediate suspension of the service, without notice. I'd suggest a pointed letter to the PO making clear that someone is hiding behind a PO Box to prevent legal action being taken against them.

But Beansprout is right. You can only sue a legal person (which includes natural individuals and limited companies, but not PO Boxes).
 
I am confused as to whether you are suing a company or a person?

If its a company http://www.companieshouse.gov.uk/ and click on webcheck. However, I fear this may be all too obvious and you are indeed suing an individual. in which case i don;t think anyone is better placed then your solcitor who ahs already given you the bad news.
 
Afaik you can have the address behind a PO BOX with the exception of some grounds such as dealing with sensitive issues like abused victims, the list is on rms website.
 
Well for what its worth the Law is an A** if like me you want to take someone to the small claims court - because the data protection act covers the very people that it is set out to prevent.

My only recourse is to employ a tracing agent who will find out this information but when you are dealing with a small claim, the cost may prohibit this avenue. You cannot force RM or anyone to give you personal details - they may choose to but they are then opening thereselves to a legal suit.

I certainly have learnt my lesson and I hope that maybe posting here others will be forwarned. like everything else there are two sides to the Data Protection Act at the moment I am experiencing the downside.
 
You must log in or register to reply here.
Back
Top Bottom