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<mandy.talbd
04/12/2006 11:38 Shomes Boum
Subject: Castleton's skeleton argument
Please see attached for information
Stephen Dilley
Solicitor
for
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c @4-12-86 10:48 FROM: MARINE+DRIVE+PO PAGE: G2
CLAIM NO. HO 05 X 02706
IN THE HIGH COURT OF JUSTICE
I QUEENS BENCH DIVISION
BETWEEN;
POST OFFICE LIMITED
AND
LEE CASTLETON
DEFENDANTS SKELETON
ON TRIAL TO BE HEARD
FROM MONDAY 4 DECEMBER 2006. -
FROM MONDAY 7 eee
Introduction
1. This is the skeleton argument of the defendant (D) for the trial listed to
start on 4" December 2006.
Background
2. Lwas appointed, under the standard sub post office contract, as the sub
post master of the Marine Drive branch at 14 South Marine Drive,
Bridlington, on the 18" July 2003,
3. L under the terms of that contract was appointed as an agent for the
Claimant ( C). I operated the branch as per the aforementioned centruct.
But on the 14” January the branch suffered a loss of £1103.15. I, 2s per
the contract, rang C’s help Jine to report the Joss. I was assured thut the
loss would “just be an error and that in six weeks the correcting notice
would return to me. I continued to suffer losses for a further 10 weeks, all
of which ,“ C” does not contest, were reported. But “C” failed to act upon
despite numerous and repeated reports.
4, Murine Drive branch operates an electronic accounting system
provided and maintained by “C”. Horizon produces a daily and weekly
account balance. The weekly account balance is prepared by horizon.
First a trail balance is printed if the account is not at balance this gives
the Post Master the opportunity to check the trial figures produced. If at
@4-DEC-2086 11:05
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this point there are any problems He can call “C*s” help linc for any help
or advice. At this point and on other occasions days prior I repeatedly
notified “C” of the inaccuracy of the horizon systems account at Marine
Drive branch. I was given assurances that varied then after reporting the
losses the following morning prior to opening having included Jottery
takings from the previous day I printed and signed the weekly cash
account in good faith.
5. However over the 11 week period the horizon system recorded large
losses ,all reported to “C” , I was always assured by “C” that they would
be dealt with.
6. requested an audit of the office to my le manager. The audit took
place at 0800Hrs. 23" March 2004. Horizon showed 2 £25758-75
shortfall, this was shown on the post office form P242. This form is the
certificate of audit and is filled out by the auditors on completion of an
audit, “C” will not show this certificate because { did not sign it.
7. On and throughout the audit the lottery machine in the refuil area of
the property was selling lottery tickets to customers. This was allowed by
both the line manager and the auditors. The following morning the
lottery monies and terminal receipts were given to the temporary sub
post mistress Mrs. Simpson. Mrs. Simpson was the only person who could
transact any transactions in the post office because the alarm code was
changed and all keys handed over for that area. The lottery terminal is
open until 19.30 Hours and the past office is open only until 17.30 Hours
0 the transactions are entered into horizon the following morning prior '
to opening.
8, “C failed to act from the outset of the problem. This was despite my
repeated requests and clear reports to the balancing problems occurring
at Marine Drive branch caused by Horizon system. “C% failed in its duty
of care to mc and my staff.
9, Horizon system as, Alan Brown (witness) , V. K. Ba, \jaj (witness) and
Mrs. D. Day will show has had numerous balancing problems and “C”
has also failed in there duty of care to them. Status reports, transaction 1
logs and daily/weekly paperwork will reveal the communication fault .
that Horizon system suffers. :
10. Mr. Jones witness, asserts that only £20,000-00 was returned over the
period of 15" January to 17" March. This is because £35,000-00 actually
returned was made up of foreign currency (Scottish notes),coinage and ‘
unusable notes (defaced, ripped). This then proves that the £35000-00 i
returned when taken from the actual ordered £316,590-00 gives 1
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£282,000-00. This when consideration that the Branch needed £288,000-
00 to full fill its payments clearly shows that physically all cash is
accounted for, Therefore 1 would ask that “C” is allowed to prove that
this physical cash is missing before my witnesses and I are asked to
defend there assertions.
@4-DEC-2085 11:87
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