Dispute Resolution

All postal service providers, including An Post, must have ‘procedures for resolving disputes’ in their code of practice in accordance with the Communications Regulation (Postal Services) Act 2011 (“the 2011 Act”).

Complete the steps of your postal service provider’s Code of Practice

Before submitting an application to ComReg for dispute resolution please check that you have completed your postal service provider’s Code of Practice.

This involves two steps:

Step 1. Contact your postal service provider’s Customer Services section to resolve your complaint. Give them the required time [See Complaint Resolution] to resolve your complaint;

Step 2. If you remain dissatisfied after Step 1, then escalate your case to your service provider’s Advocate for independent review.

ComReg suggests that dispute resolution procedures within a postal service provider’s code of practice include a postal service user advocate mechanism (“the Advocate”), either internal or external to the postal service provider, whose role is to independently assess the previous actions and decisions taken by the postal service provider regarding the complaint.

Postal service providers should nominate an Advocate independent of its customer service and operations sections, enable postal service users easily lodge a complaint for independent review and provide a timely response to the complainant. See “Complaints and Redress Procedures: Guidelines for Postal Service Providers” ComReg Document 14/06 for more information.

Click here to be redirected to the An Post website for details of how to request the An Post Customer Advocate review a complaint.

Click here to be see the Contact Details for all other Authorised postal service providers.

If you have endeavoured to complete both these required steps and remain dissatisfied ComReg may be able to assist.

Dispute Resolution by ComReg

If you are not satisfied with all the steps taken by An Post, or another authorised postal service provider, to resolve your complaint, or with the results of their independent assessment of your complaint, you can ask ComReg to help resolve your dispute. These are known as Section 43(3) dispute resolution powers.

ComReg can only consider disputes about regulated postal services and resolve disputes where the Complainant has completed the steps of their postal service provider’s Code of Practice.

When submitting an application to ComReg for Dispute Resolution, it is important to present the information in a clear and comprehensive way.

Please provide copies and not original documentation – ComReg will not return submitted documents.

The following steps should be followed in the event that section 43(3) dispute resolution is sought:

1. download and read the ‘Section 43(3) Dispute Resolution Procedures, Guidance Notes and Application Form’,
2. prepare your application before submitting to ComReg ;
3. download the ‘Section 43(3) Application Fee Method of Payment form’ and then complete the form, and email it our Accounts team using the email address payments@comreg.ie

How do I prepare my application?

Complete pages 8 to 11 of the application form.

All statements in an application should be supported by documentary evidence where possible.

Please arrange the facts of the dispute in the order/timeline they occurred and make sure the information is presented in an understandable and straight-forward way.

To assist ComReg in its consideration of an application, all documentation and evidence submitted should be clearly named/numbered and a short explanation provided.

Examples of supporting documentation/information:

Only evidence that supports your case should be submitted. Evidence is a document or other information that is provided by a case party and is relevant to the dispute.

Please note that evidence submitted will be copied and given to all case parties and the decision-maker.

The following are examples of the supporting documentation/information that, if available, should be submitted to ComReg in support of an application for Section 43(3) Dispute Resolution:

• Correspondence exchanged with your service provider relating to the complaint – including letters, e-mails or records of phone calls between you and the Postal Service Provider’s Customer Services (Step 1) and Customer Advocate (Step 2);
• A photo/scanned copy of the mails retail receipt for the postal packet(s) in question, to confirm what postal service was used;
• Confirmation of who was the sender and the addressee and what was the postal address detailed on the postal packet(s) in question;
• Confirmation whether the value of the items in the postal packet(s) in question was declared in advance of the service provider accepting the postal packet(s) in question for transmission by post; and
• Description of the materials and packaging used in the wrapping of the postal packet(s) in question and whether there were any markings made on the outer face of the postal packet(s).

This is not an exhaustive list and ComReg reserves the right to request further information/documentation should it deem it required.

How do I submit my application to ComReg?

In the interests of postal service users and in order to ensure all applications for Section 43(3) dispute resolution are managed efficiently, ComReg requests that section 43(3) dispute resolution are submitted electronically by email.

Send the completed pages of the application form together with copies of all related supporting information/documentation to the email address: postaldispute@comreg.ie.

In the event that you are unable to submit an application electronically, ComReg can accept postal submissions.