that's difficult when most post is dropped in a metal box on a street. But I'd argue that not the issue people have with the way these laws work in practice.
For those that don't use the UK postal service, Royal Mail has a recorded delivery option that can show that, at least something, mostly likely what was sent, was delivered to the address.
The issue here is that the UK government has given itself a pass that, 'trust us, we sent it' is fair and legal, while at the same time refusing to allow not the government to use the same argument.
People tend to get upset when laws and legal defenses are asymmetric, doubly so when its skewed to protect the bureaucracy at the expense of the citizen.
Just for reference the Royal Mail uses complaints to track losses, in the year 2017-2018, Royal Mail received 250,000 complaints for lost items, out of around 6 billion items processed [0]. Of course that requires that the sender somehow knows that the item was lost, so losses are likely significantly higher.
Without a recorded delivery, 'I never received what you sent' should absolutely be a valid defense. Although, 'Trust me I sent it', should not be a valid argument for either side, unless they can show that the item was send and received.
The Scottish court system uses Royal Mail Signed For to send citations, I believe it makes two attempts to deliver, and won't consider the citation delivered unless the named addressee signs for it.
...on the other hand, if you don't respond to citations e.g. for a criminal case, they might then escalate by issuing a warrant for your arrest.
Looking at the English civil courts, I'm having trouble parsing their rules:
My reading is that either the court sends the summons (claim form) and comes to its own conclusion if it has been served or not, but if you choose to do it or have a process server do it, you have to submit a certificate of service to the court. If you do that, all it says they require is the method and date you sent it, no proof it got delivered!
Furthermore, rule 6.18 says that if the court posts the claim form itself, it will inform you if the form is returned to them undelivered... but will deem it "served" anyway, provided you gave them the correct address?
