LCAS0000535
LCAS0000535
In the Scarborough County Court
for court use only
Claim No.
o§20¢
Issue Date
= 9 JUN 2005
Claimant
Post Office Limited
80-86 Old Street
London
EC1V ONN
Defendant(s)
Mr Lee Castleton
GRO
Brief details of claim
Deficiencies which occurred during the Defendant's period of appointment as a subpostmaster.
Value
The Value of the Debt is £27115.83, plus interest
ir Lee Castleton Amount claimed.
27870.21
Court fee
Solicitor's costs
100.00
Total amount
28,370.21
‘The court office at_ Pavilion House, Valley Bridge Road, Scarborough, North Yorks, YOU
is open between 10 am and 4 pm Monday to Friday. When corresponding with the court, please address forms or letters fo thie’Court Manager and quote the claim number.
NI Claim form (CPR Part 7) (01.02)
Laserform International 3/02
LC0175.0001
LCAS0000535
LCAS0000535
Does, or will, your claim include any issues under the Human Rights Act 1998? Clyes [x] No
Particulars of Claim (attached) QGiRO0QG0)
See attached
Statement of Truth
* (1 believe) KAKO that the facts stated in these particulars of claim are true.
* YEROOORKKIRMRKMKMY the claimant to sign this statement
Full name
Name of claimant's solicitors firm Bond Pearce _
signed .. position or office held
OOM OOMERO DSS i (if signing on behalf of firm or c
*delete as appropriate
Bond Pearce
Ballard House
West Hoe Road
Plymouth
PLi 3AE
DX 8252 PLYMOUTH.
LC0175.0002
LCAS0000535
LCAS0000535
IN THE SCARBOROUGH COUNTY COURT CLAIM NO:
BETWEEN PADAdSY
POST OFFICE LIMITED
Claimant
and
MR LEE CASTLETON
Defendant
STATEMENT OF CLAIM
1. From about the 18 July 2003 and 23 March 2004, the Defendant held the office of subpostmaster
and in that capacity acted as the Claimant's agent in the conduct of his business, in the premises
known as Marine Drive Branch, 14 South Marine Drive, Bridlington, YO15 3DB.
2. The Defendant held that office under a contract for services in the terms of the Claimant's
standard subpostmasters contract.
3. The express terms of his contract for services included those contained in the standard
subpostmasters contract together with the terms contained in the documents referred to in a
written Acknowledgement of Appointment, namely:-
(a) the personal declaration signed by the Defendant
(b) the rules in the Claimant's Book of Rules
(c) the instructions contained in the Postal Instructions issued from time to time to the
Defendant.
4, In particular, the contract contained express terms that:-
(a) the Defendant was strictly responsible for the safe custody of cash, stock of all kinds and
other property of the Claimant, whether held by himself or by his assistants and was
obliged to keep them in a place of security (see section 12, paragraph 5 of the standard
subpostmasters contract)
(b) the Defendant was responsible for maintaining a standard of security sufficient to enable
him to meet such obligations for the safekeeping of the Claimant's cash and stock placed
in his care (see section 12, paragraph 6 of the standard subpostmasters contract)
LC0175.0003
LCAS0000535
LCAS0000535
(c) the Defendant was responsible for, and obliged to make good without delay, all losses
caused through his own negligence, carelessness or error, and also losses of any kind
caused by his assistants (see section 12, paragraph 12 and section 15, paragraph 2 of
the standard subpostmasters contract)
(d) the Defendant's financial responsibility (for example, to make good losses) did not cease
when he relinquished his appointment and he remains obliged to make good any losses
incurred during his term of office which subsequently came to light (see section 12,
paragraph 13 of the standard subpostmasters contract).
Pursuant to his contract and his position as the Claimant's agent, the Defendant whether by
himself or his employees or agents, dealt with financial transactions between the Claimant and its
customers and was obliged to keep true and accurate records of all such transactions and to
account to the Claimant for all monies the subject of such transactions and to deliver up to the
Claimant the proper balance from time to time resulting from such transactions.
Between about the 18 July 2003 and 25 March 2004 net losses amounting to the sum of
£27115.83 occurred at the said sub post office. The said net figure is made up of the following
individual items:-
Date of Error Type of Error
25/3/04 Final cash account
balance
Other Errors
17/3/04 Automated products
24/3/04 Nat. Lottery game
sales
24/3/04 Lottery prize
payments
Net Total
Total
Charges Allowances
25,758.75
1,256.88
176.00
75.80
£27191.63 -£75,80
£27115.83
Such loss, and the Defendant's failure to account for it, could not have occurred without the
Defendant's negligence, carelessness or error and/or the action or inaction of the Defendant's
assistants.
Pursuant to the terms set out in Paragraph 3 and/or the duty set out in Paragraph 4 above, the
Defendant is liable to pay to the Claimant the sum of £27115.83 which remains due and owing.
LC0175.0004
LCAS0000535
LCAS0000535
9. Further, and alternatively, by failing to make good the amount of such loss, the Defendant is in
breach of contract and liable to the Claimant for an equivalent sum in damages.
10. The Claimant is also entitled, pursuant to Section 69 of the County Court Act 1984, to interest on
the sum claimed at the rate of 8% per annum from 18th January 2005 to the date hereof
£754.38 and continuing at the daily rate of £5.94 to the date of Judgment or sooner payment.
AND THE CLAIMANT CLAIMS:
(1) £27115.83;
(2) damages;
(3) interest on £27115.83 at 8% from 18th January 2005, being £754.38 to the date hereof and
continuing interest at a daily rate at £5.94 pursuant to Section 69 of the County Court Act 1984.
Statement of Truth
The Claimant believes that the facts stated in this Statement of Case are true.
Tam duly authorised by the Claimant to sign this statement.
Full Name:_“7AZTins BAAN Li0019
Position or office held: 74.140).
Dated this 25th May 2005
Bond Pearce LLP
Ballard House
West Hoe Road
Plymouth
PLi 3AE
Ref : LRB1/348035.134
LC0175.0005
LCAS0000535
LCAS0000535
SECURITY OF CASH, STAMPS ETC
10.
11.
The Subpostmastes is hei: strictly re he safe custody of cash, stock of al!
kinds and other Post Office Counters Ltd property, papers and documents, whether
held by himself or by his Assistants, and should keep them in @ place of security,
especially at night,
The Subpostmaster is responsible for maintaining a standard of security sufficient to
enable him to meet the obligations laid on him by paragraph 5 for the safe keeping of
Post Office Counters Ltd cash and stock placed in his care. If any circumstances arise
which lead him to doubt whether he can do so he should immediately consult the
Regional General Manager.
In deciding the standard of security which it would be reasonable to require under
paragraph 6 Post Office Counters Ltd will have regard to (a) the circumstances in
which the Subpostmaster was appointed, and in particular the standard of security
then accepted; (b) the length of time since his appointment; and (c) any particular
circumstances affecting the sub-office which appear to be relevant.
All vouchers for payments e.g, Postal Orders, Allowance Dockets ete., should be placed
ina suitable receptacle (cardboard box or strong envelope), labelled “Paid Vouchers”
and at the close of business kept separately from cash and stock in another secure
place, such as a locked drawer or cupboard.
The Subpostmaster must be careful to keep his stocks of all kinds in such a manner that
they remain in good condition. ‘The stocks must be protected against damp and dust.
Datestamps used for authenticating documents (e.g. Postal Orders) or stamping
correspondence must be kept in a position on the counter where they are out of reach
of members of the public. When not needed for work they must be locked away.
Precautions should be taken to guard against the risk of fire,
48 Issue
September 1994
©Copyright re
LC0175.0006
LCAS0000535
LCAS0000535
LOSSES
The Subpostmaster is responsibie for all ios:
usec through his own negligence
carelessness or error, and alse for lo fal! kincis causeci by his Assistants
Deficiencies due to such losses must be made good without delay
does not cease when he relinquishes
The financial responsibility of the Subpostmas
his appointment and he will be required to make good any losses incurred during his
term of office which may subsequently come to light
GAINS
14,
Surpluses may be withdrawn provided that any subsequent charge up to the amount
withdrawn is made good immediately,
“
THEFT OR BURGLARY
15.
Ifa theft or burglary is committed or attempted at a sub-office, whether or not official
cash or stock is stolen, the facts must be reported at once to the Police and to the
f
Regional General Manager by the person who first makes the discovery.
MISSING OR STOLEN STOCK
16.
Ifa Subpostmaster considers that any stock items have been accidentally lost, or stolen
he should make a report, in accordance with Appendix 1, as quickly as possible to the
Regional General Manager.
49 Issue
September 1994
©Copyright reserved
LC0175.0007
LCAS0000535
LCAS0000535
The Subpostmaster’s Contract
“an essential part of everyday life” www.postoffice.co.uk
Acknowledgement of Appointment
I accept The Appointment as Subpostmaster at:
MARINE DRIVE POST OFFICE
and agree to be bound by the terms of my contract,
and by the rules contained in the book of rules and
the instructions contained in those postal
instructions issued to me.
Date -Sianature_of Subpostmaster..
Date Signature of Witness
iis .GRO-
fed in England and Wales number: 2154540
‘ed Office: 80-86 Old Street
Vv NN
4 trade marks of Post Office Ltd in the
UK and other countries.
LC0175.0008
Page: 4
rmer subpostmasters Accounts
STANDING DEBT
Fo
yt OF OU
LEE CASTLETON
MARINE DRIVE Code:
49/07/2003
25/03/2004
04/01/2005 40:01
As at.
Reg Papers:
zeror pate _ Error Type Allowances:
25/03/2004 Final Cash Alc balance 25,758.75
OTHER ERRORS
47/03/2004 AUTOMATED PRODUCTS 4,256.88
24/03/2004 NAT. LOTTERY GAME SALES 476.00
2410312004 LOTTERY PRIZE PAYMENTS 75.80
Due To SPMR Due From SPMR
Actual Balance Outstanding
LCAS00005:
LCAS0000535 35
LC0175.0009
LCAS0000535
LCAS0000535
IN THE SCARBOROUGH COUNTY COURT
CLAIM NO
BETWEEN:-
POST OFFICE LIMITED
Claimant
- and -
LEE CASTLETON
Defendant
STATEMENT OF CLAIM
Bond Pearce
Ballard House
West Hoe Road
Plymouth
PL1 3AE
Ref : LRB1/348035.134
LC0175.0010