(ii) by whom or on whose behalf such postal packet purports to have been sent, as a simple contract debt in any court of competent jurisdiction, the difference between the postage which would have been payable had the postal packet been posted in the State and the amount actually paid or payable to the universal postal service provider in respect of that postal packet posted outside the State to an address in the State and purporting to be sent by or on behalf of someone who is residing or carrying on business in the State unless terminal dues, which meet the requirements specified in subsection (1), apply to that postal packet.".