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IN THE SCARBOROUGH COUNTY COURT CLAIM NO:
BETWEEN era ay I
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)
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(c) the Defendant was responsible for, and obliged to make good without delay, ali 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
£27445-83 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 Charges Allowances
25/3/04 Final cash account 25,758.75
balance
Other Errors
4743404 Autemated-preducts 1;256:08
24/3/04 Nat. Lottery game 176.00
sales
24/3/04 Lottery prize 75.80
payments
Net Total -£75.80
Total
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
2S Ass SS
Defendant is liable to pay to the Claimant the sum of £27445,83 which remains due and owing.
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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:
(2) damages; “q4
2S A9S BS Ve2, OF
(3) interest on £274+5:83 at 8% from 18th January 2005, being £75438 to the date hereof and
continuing interest at a daily rate at £5:94 pursuant to Section 69 of the County Court Act 1984.
S664
Statement of Truth
The Claimant believes that the facts stated in this Statement of Case are true.
I am duly authorised by the Claimant to sign this statement.
Full Name:.. “4QTins BRYAN) £0019
Signed! G RO Position or office held: JAwaZon
Dated this 25th May 2005
Bond Pearce LLP
Ballard House
West Hoe Road
Plymouth
PL1 3AE
Ref : LRB1/348035.134
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SECURITY OF CASH, STAMPS ETC.
s hele. strictiy responsibie for the safe custody of cash, stock of al:
5 The Subpostmaste:
kinds and other Post Office Counters whether
td property, papers and documents
held by himself or by his Assistants, and should keep them iri a place of security,
especially at night.
EN
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.
7. Indeciding 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.
8. All vouchers for payments e.g. Postal Orders, Allowance Dockets etc., 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.
9. ‘The Subpastmaster must he 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.
10. 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.
11. Precautions should be taken to guard against the risk of fire.
48 Issue
September 1994
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aused through nis own negligence
12. The Subpostmaster is responsidie for al! loss:
carelessness or erroz, and aisc for losses kinds causeci by his Assistants
Deficiencies due to such losses must be mace good without aeiay
13. The financial responsibility of the Subpostmaster does not cease when ne relinquishes
his appointment and he will be required to make good any josses 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
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
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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.
bomen Post Office Ltd
Registered in England and Wales number. 2154540
Registered Office: 80-86 Old Street
London ECIV SNN
The Post Office and the Post Office symbol are
registered trade marks of Post Office Ltd in the
UK and other countries.
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“LEE CASTLETON
MARINE DRIVE
19/07/2003
fosed: 25/03/2004
eft: Suspension
Former Subpostmasters Accounts
Code: 213 337
Page: 1
OF OUTSTANDING DEBT asat: 04/01/2005 10:01
or Date __ Error Type
25/03/2004 Final Cash A/c balance
OTHER ERRORS
47/03/2004 AUTOMATED PRODUCTS
24/03/2004 NAT. LOTTERY GAME SALES
24/03/2004 LOTTERY PRIZE PAYMENTS.
Actual Balance Outstanding
Reg Papers:
Charges Allowances
25,758.75
1,256.88
176.00
75.80
Due ToSPMR_ Due From SPMR
27,115.83
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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
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