How to Prove In Court That a Mailing or ''Forwarding'' Occurred ?
In Department of Transportation v. Brayman Construction Corp., 99 Pa. Commw. 373, 513 A.2d 562, 566 (Pa. Cmwlth. 1986), the Court outlined the paradigm for using office procedure to prove that a mailing, or "forwarding," occurred.
In Brayman, the Commonwealth presented evidence that a copy of the letter was found in its file and that its customary procedure was to place a copy in the file after the letter was mailed.
This Court held that relying on the existence of procedure, without proof the procedure had been followed in that instance, was insufficient to show the letter had, indeed, been mailed.
Instead, the Court stated that "proof of office filing procedures without proof that the letter was written in the regular course of business and was placed in the usual place of mailing does not meet the burden to establish mailing." Id.