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@joethenuts wrote:

i understand your point but how is ebay going to know unless they have a crystal ball  as to when you posted the item 

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That's precisely the point, though. eBay don't know, so why should they assume the worst and punish a seller for it? That kind of logic is like someone coming home later than expected and having their partner standing there going "I don't know if that means you're having an affair, but because you're late, I'm going to assume you are so we're getting a divorce". It's just stupid. 

As I understand it, this is how it will work - tracking shows lodgement within handling time, and/or delivery by eBay's ETA, it can't be counted as a late delivery, even if the buyer ticks the 'no' box when asked the question. If there's no lodgement scan but tracking shows delivery after eBay's ETA, then it's a "late delivery" and will count against the seller. 

If there's no tracking and the buyer ticks 'yes', it's counted as an on time delivery. If the buyer ignores the question, it's not counted at all, if they tick no, it's a late delivery.