Traceability and compliance
Giving notice in time and proving it
A notice period, a claim or a time-bound communication. What counts is not sending it: it is proving it.
Some communications only count if they arrive in time: notice of non-renewal, a claim over a defect, notification of an incident. And in all of them, the one who must prove notice was given is you, not the other party claiming they never heard.
What you must be able to prove
| Element | Why it matters |
|---|---|
| What you sent | The exact content, not "I told them that…" |
| When | The only thing the deadline argument turns on |
| To whom | That it was the right recipient, not a generic mailbox |
| And that it arrived | Delivered, and where possible, opened |
Important
The third defeats the most claims. A notice sent to an obsolete contact address or a general mailbox can be treated as not given, even with proof that it left.
How to do it
- 1
Check the recipient before sending
The contract usually says to whom and how notice must be given. That is where to look.
- 2
Send with a record, not a loose email
Keep evidence of sending, delivery and, where the channel allows, opening.
- 3
Certify the content sent
It fixes exactly what the document you sent said on that date.
- 4
And keep it in the relationship's file
Not in the sender's inbox, which is where it eventually disappears.
Watch out
If the contract requires a specific form (recorded post, a specific address), that form governs. A channel with a better trail does not replace what was agreed: use it **as well**, not instead.
When the deadline is tight
Worth knowing
The resulting evidence is useful even when there is never a dispute: in many relationships the mere existence of the record changes the conversation, because the other side knows there is no ambiguity about what was said and when.
›Is an ordinary email enough?
It can be, but proving delivery is harder. With send and delivery records, much better.
›What if the recipient never opens it?
Delivered and unopened usually suffices; not opening is not a defence.
›Does a text message count?
As a supplement yes; for formal notice, follow the contract.
A real case
The situation
A company sends non-renewal notice to the usual email and the supplier denies receiving it.
What you do
- Checks in the contract who notice must go to
- Sends with delivery tracking and certifies the content
What you get
The next notice is indisputable: content, date, correct recipient and delivery all on record.
The situation
A warning goes out and there is no record of when.
What you do
- Sends it through a dated channel
What you get
The moment of warning is demonstrable.
The situation
A warning comes late and there is a dispute over whether there was time.
What you do
- Checks the warning's recorded date
What you get
The dispute closes on the figure.
The situation
The warning reaches somebody who could not act.
What you do
- Checks the recipient before sending
What you get
The warning proves something useful.
The situation
Warnings go out several times and only the last is on record.
What you do
- Records each warning with its date
What you get
The chasing is documented.
The situation
The other side says the warning was not clear.
What you do
- Keeps the exact text sent
What you get
What was communicated can be read.
This article answers
- how to prove i sent a notice
- recorded communication without registered post
- proving i gave notice before the deadline
- notification with proof of delivery