Is it legal to post flyers through peoples doors?

Discussion in 'General Business Forum' started by dixxy, May 3, 2010.

  1. dixxy

    dixxy UKBF Newcomer Free Member

    Posts: 10 Likes: 0
    Hi there,

    I'm located in the Bristol area and i've just ordered some flyers to put through peoples letter boxes telling them of my service. Is it legal to post through everyones doors?

    Thank you
    Posted: May 3, 2010 By: dixxy Member since: May 1, 2010
    #1
  2. Scott-Copywriter

    Scott-Copywriter UKBF Regular Full Member - Verified Business

    Posts: 7,419 Likes: 1,967
    I highly doubt it, but theoretically speaking there should be some sort of law or enforcement.

    A home is someone's personal property, and if you put something through their letterbox, then you're putting something on someone's private property. People should therefore have the right to choose whether someone is allowed to do that or not.

    This is just me rambling on by the way. Unsolicited mail marketing is a massive industry and always will be.
    Last edited: May 3, 2010
    Posted: May 3, 2010 By: Scott-Copywriter Member since: May 10, 2006
    #2
  3. SneakSMS

    SneakSMS UKBF Contributor Free Member

    Posts: 1,040 Likes: 163
    Yes it's legal to post leaflets through doors. It's unregulated, and as it's not addressed mail, isn't covered by the mail preference service.
    Posted: May 3, 2010 By: SneakSMS Member since: May 23, 2009
    #3
  4. J-Wholesale

    J-Wholesale UKBF Regular Free Member

    Posts: 768 Likes: 213
    Do we have the right to chose whether a postman can put something through a letterbox? How about a DHL driver? Or Fedex? I don't believe that there is such a right. Surely the fact that you have a door with a letter box is an open invitation for it to be used for this very purpose - the insertion of letters or messages.

    If you don't like it, remove the letterbox.
    Posted: May 3, 2010 By: J-Wholesale Member since: Jul 13, 2008
    #4
  5. SneakSMS

    SneakSMS UKBF Contributor Free Member

    Posts: 1,040 Likes: 163
    Correct, there is an implied right for people to access your property for such purposes, unless you specify otherwise with a clear notice.
    Posted: May 3, 2010 By: SneakSMS Member since: May 23, 2009
    #5
  6. Scott-Copywriter

    Scott-Copywriter UKBF Regular Full Member - Verified Business

    Posts: 7,419 Likes: 1,967
    People don't have the right as far as I'm aware. All I'm saying is that theoretically there should be. People have the right to say who does and who doesn't go on their private property, and the same should apply for any kind of item - including mail.

    Edit: That's a point about the notice. Could legal or civil action be taken if someone has presented a clear written notice stating what their letterbox cannot be used for?
    Last edited: May 3, 2010
    Posted: May 3, 2010 By: Scott-Copywriter Member since: May 10, 2006
    #6
  7. SneakSMS

    SneakSMS UKBF Contributor Free Member

    Posts: 1,040 Likes: 163
    If there was a clear notice revoking the implied rights to all but the postman, then it'd stand up in a civil court. But it wouldn't make a huge difference, really. I think you'd have to prove financial loss of some sort, you even still have a duty of care towards trespassers, so don't let them slip over on the way to put the fliers in - they could successfully sue :eek:
    Posted: May 3, 2010 By: SneakSMS Member since: May 23, 2009
    #7
  8. dixxy

    dixxy UKBF Newcomer Free Member

    Posts: 10 Likes: 0
    Thank you for the advice really appreciate it, the reason i ask is because a while ago my parents were getting a lot of junk mail from companies offering their services and they rang someone to get put on a mailing list to stop the junk mail and it more or less worked, but i wasn't sure how.

    Thanks again
    Posted: May 3, 2010 By: dixxy Member since: May 1, 2010
    #8
  9. SneakSMS

    SneakSMS UKBF Contributor Free Member

    Posts: 1,040 Likes: 163
    They would have been added to the mail preference service (or taken away... not sure which way round it is), either way they're flagged as not to be sent junk mail through the post.

    This only applies to addressed letters though, you'll still get plenty of junk fliers through. Only recourse there is to contact the company sending them out, but it's probably more hassle than it's worth.
    Posted: May 3, 2010 By: SneakSMS Member since: May 23, 2009
    #9
  10. Ashley_Price

    Ashley_Price Did someone mention cake? Full Member - Verified Business

    Posts: 5,416 Likes: 901
    You haven't said you are going to do the following, but this is a heads-up anyway. If putting flyers on people's cars make sure you put them face down - i.e. so they cannot be read by passers-by.

    If you place flyers on a person's car so they can be read by passers-by (and you do not have the car owner's permission) they can take you to court for using their car for advertising without their permission.
    Posted: May 3, 2010 By: Ashley_Price Member since: Feb 9, 2008
    #10
  11. KidsBeeHappy

    KidsBeeHappy UKBF Regular Full Member

    Posts: 7,357 Likes: 1,580
    There was a woman built a huge piece of artwork out a years worth of flyers.......
    Posted: May 3, 2010 By: KidsBeeHappy Member since: Oct 9, 2007
    #11
  12. 14A

    14A UKBF Regular Free Member

    Posts: 967 Likes: 133
    I recall hearing something about how if they are found on the floor (customer removed them from car and littered) you are liable for a fine for littering as they are your property - How true this is I dont know, may be a myth.
    Posted: May 3, 2010 By: 14A Member since: Apr 1, 2008
    #12
  13. KidsBeeHappy

    KidsBeeHappy UKBF Regular Full Member

    Posts: 7,357 Likes: 1,580
    You are responsible for any illegally dumped waste that can be traced back to you (be you a business or a private individual).

    Which theoretically, makes Tescos, Asda etc all responsible for all those bags in trees and along railway lines. However, the fact that they're still there, suggests that maybe they're not responsible for other people littering with their items.

    (Otherwise chewing gum companies would be well bankrupt by now!)
    Last edited: May 3, 2010
    Posted: May 3, 2010 By: KidsBeeHappy Member since: Oct 9, 2007
    #13
  14. bigmouth241

    bigmouth241 UKBF Regular Free Member

    Posts: 166 Likes: 26
    Someone can, by informing you withdraw your "Implied Right of Access" in UK law. If you then set foot anywhere within their property you are commiting a trespass offence.

    It is the "Implied right" which the postie uses to deliver your letters.

    HTH
    Posted: May 6, 2010 By: bigmouth241 Member since: Oct 15, 2008
    #14
  15. Legal Blogger

    Legal Blogger UKBF Newcomer Free Member

    Posts: 3 Likes: 0
    yes it is legal
    Posted: May 7, 2010 By: Legal Blogger Member since: May 7, 2010
    #15
  16. gibby

    gibby UKBF Regular Free Member

    Posts: 1,166 Likes: 113
    yep its legal & if you get bitten by a dog when your hands in the letter box you can sue the owner too. If you trip on their property you can also claim.

    Im sure that if you have a letter box you are almost inviting ppl to put things through.

    There really should be a law or way we can stop junk mail as we are getting so much now & all the paper & card can't be good for the planet.

    There are some restrictions in some areas of the country imposed by councils but they do have to have street signs clearly showing this.
    In these areas it can be illegal to knock on a door uninvited to canvas or sell anything. Not sure if it covers politicians though.

    I have heard some councils want to impose no junk mail areas especially for old folks bungalows etc to cut down on scams & con artists.
    Im sure the con artists won't take any notice but the genuine firms will lose some business.

    Does anyone here get any good results from leaflets? I imagine with so many coming through most ppl ignore them.

    G
    Posted: May 7, 2010 By: gibby Member since: Sep 11, 2007
    #16
  17. Staceyrose

    Staceyrose UKBF Newcomer Free Member

    Posts: 6 Likes: 0
    so does the same go for handing out flyers to people in the street?
    Posted: May 7, 2010 By: Staceyrose Member since: May 7, 2010
    #17
  18. kjmcculloch

    kjmcculloch UKBF Regular Free Member

    Posts: 370 Likes: 137
    You are responsible if it can be proven you actually littered, not just if it was in your possession at some time.

    I speak as an authorised officer of a local authority in terms of section 88 of the Environmental Protection Act 1990. Section 87 of the aforementioned act states:

    (1)any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall, subject to subsection (2) below, be guilty of an offence.
    (2)No offence is committed under this section where the depositing and leaving of the thing was—
    (a)authorised by law, or
    (b)done with the consent of the owner, occupier or other person or authority having control of the place in or into which that thing was deposited.
    (3)This section applies to any public open place and, in so far as the place is not a public open place, also to the following places—
    (a)any relevant highway or relevant road and any trunk road which is a special road;
    (b)any place on relevant land of a principal litter authority;
    (c)any place on relevant Crown land;
    (d)any place on relevant land of any designated statutory undertaker;
    (e)any place on relevant land of any designated educational institution;
    (f)any place on relevant land within a litter control area of a local authority.
    (4)In this section “public open place” means a place in the open air to which the public are entitled or permitted to have access without payment; and any covered place open to the air on at least one side and available for public use shall be treated as a public open place.
    (5)A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
    (6)A local authority, with a view to promoting the abatement of litter, may take such steps as the authority think appropriate for making the effect of subsection (5) above known to the public in their area.
    (7)In any proceedings in Scotland for an offence under this section it shall be lawful to convict the accused on the evidence of one witness.


    In reply to the original post, and as others have said, it's perfectly legal.

    Kris
    Posted: May 7, 2010 By: kjmcculloch Member since: Mar 19, 2007
    #18