Thursday, 17 January 2019

Reading the Common Issues trial

Getting wiggy with it
More than half a million words were spoken during or written up for the Common Issues trial.

I know this because I wrote and spoke some of those words, and I was present every single day in court to live tweet and report on proceedings. And because I used the word count facility on my word processing application whilst pasting them up on this blog.

So they're all here to be read, but navigating your way around half a millions words to find the killer line might feel daunting. So here's a mini-guide:

If you do not know anything about the story behind this trial, you can either read the about section of this blog (also linked to on the nav bar at the top of every page of this blog), or Antonia Hoyle's rather brilliant piece for the Daily Mail, published on 1 Dec last year.

The Common Issues Trial Menu (also linked to on the nav bar at the top of every page of this blog) will help you get around. 

Rather than read the Generic Particulars of Claim, Generic Defence and Common Issues (all linked to in the Common Issues trial menu) you might as well dive into the transcripts on Day 1. Here both the claimants' and defence barristers set out their arguments, and it's quite easy to follow.

Once you have done that, by all means have a look at the Generic Particulars of Claim, the Generic Defence and the Common Issues, but you don't need to. They are filled with legalese and can be hard going.

You're better off heading to the witness statements of lead claimants who give evidence on the second day: Alan Bates and Pam Stubbs. Then read the day 2 transcript.

Then read the witness statement of Mohammad Sabir and read the day 3 transcript.

Then read Naushad Abdulla and and Liz Stockdale and read the day 4 transcript.

Then read Louise Dar and the day 5 transcript.

I would not bother with going to the Post Office employee witness statements next. The JFSA barrister makes a very good job of suggesting they are barely worth the paper they are written on. I would go straight into the day 6 transcript and read through the cross-examinations.

The Post Office witnesses were:

Nick Beal, Head of Agents’ Development and Renumeration.
Paul Williams, Restrictions Advisor
Sarah Rimmer, Agent Remuneration and Expenses Manager.
John Breeden, Head of Agency Contracts.
Angela van den Bogerd, People Services Director.
Timothy Dance, Retail Transformation Integration Manager.
Helen Dickinson, Security Team Leader.
Michael Shields, Temporary Subpostmaster Advisor.
Elaine Ridge, Network Contract Advisor.
David Longbottom, Training and Audit Advisor.
Michael Webb, Training and Audit Advisor.
Michael Haworth, Network Engagement Manager.
Andrew Carpenter, Agents Contract Advisor.
Brian Trotter, Network Contract Advisor.

You can find links to the transcript of their evidence laid out in the Common Issues trial menu. Having read what they say, if you then want to go back and cross-reference the transcripts with their witness statements, be my guest - I have posted them all up and they are linked to in the menu too.

Then finally have a look at the Common Issues - which is what this trial is all about - and then go and read everything again.

I am still waiting on the transcripts of the last four days of the trial - which comprised closing arguments. Days 14 and 15 were taken up with the closing argument of the Post Office barrister. He methodically tore into the claimants' legal position whilst trying to persuade the judge to ignore the testimony of all the witnesses and park them for October's "breach" trial.

Mr Cavender made (through implication) the perfectly respectable point that whether Post Office employees had been acting with incompetence or worse in the cases that were described in court, it didn't actually matter to the Common Issues trial - this first trial was about whether the contractual relationship between the Post Office and its Subpostmasters allowed the Post Office to act as it had done, and he contended it was. 

If you're still hungry for more you can read the claimants' stories I posted on my blog. These people are part of the class action, but were not required to give evidence in court this time round. I'd recommend checking out Bal GillHelen WalkerWendy MartinJanet BradburyChris and an anonymous correspondent. If you're feeling very lazy you can sit back and watch a couple of One Show pieces I helped make back in 2014 which tell various peoples' stories. (There's also the perspective of the Communications Workers' Union Subpostmaster rep, Mark Baker, which is very much worth reading).

If you count up the claimants' stories on this blog and the cases of the lead claimants in the Common Issues trial, and those in Antonia' Daily Mail article and those in my One Show pieces, you will still only know about what happened to around 3% of the claimants in this class action. 


To which I would say - well - we'll see, won't we...?

Day 1 transcript - Wed 7 November - Opening arguments
Day 2 transcript - Thu 8 November - Claimants: Alan Bates, Pam Stubbs part 1
Day 3 transcript - Mon 12 November - Pam Stubbs part 2, Mohammad Sabir
Day 4 transcript - Tue 13 November - Naushad Abdulla, Liz Stockdale
Day 5 transcript - Wed 14 November - Louise Dar
Day 6 transcript - Thu 15 November - Post Office: Nick Beal, Paul Williams
Day 7 transcript - Mon 19 November - Sarah Rimmer, John Breeden, AvdB part 1
Day 8 transcript - Tue 20 November - AvdB part 2
Day 9 transcript - Wed 21 November - AvdB part 3, Timothy Dance, Helen Dickinson, Michael Shields part 1
Day 10 transcript - Thu 22 November - Michael Shields part 2, Elaine Ridge, David Longbottom, Michael Webb
Day 11 transcript - Mon 26 November - Michael Haworth, Andrew Carpenter, Brian Trotter

Common Issues trial menu


The Common Issues trial was the first trial in the Bates and others v Post Office group litigation at the High Court. It was held at the Rolls Building between Wed 7 Nov and Thu 6 Dec 2018. Mr Justice Fraser presided.

The judgment was handed down on 15 March 2019. You can read it here. It is 180,000 words long.

If you'd prefer something a little shorter, there is my bluffer's guide to the Common Issues judgment. You can read it here in five minutes. There's also my report on what happened in and outside of court when the judgment was handed down. It's called "He did it." See the bottom of this post for more reaction to the judgment.

Fancy more than dipping your toes in, but you're still not read for the full judgment? This is my fisking of the Common Issues judgment in 5 parts:

Part 1 - on the first few lead claimants and their treatment by the Post Office
Part 2 - on the last few lead claimants and their treatment by the Post Offic
Part 3 - on the Post Office witnesses (one found to mislead the court on oath)
Part 4 - the Post Office's goon squad and general attitude problem
Part 5 - a breakdown of who won what re the Common Issues themselves
Special report on the judge's findings on the National Federation of Subpostmasters

See the bottom of this post for more reaction to the judgment, including press cuttings.

The rest of this blog post deals with everything pretty much chronologically as the trial happened. It includes day-by-day transcripts, write-ups, extra pieces witness statements and other documents as presented to court, not least:

The Common Issues - what the first trial was contested on.

Claim particulars - what this group litigation is about.
Generic defence and counterclaim - the Post Office's defence.

Also, before you start, you might like to read a pre-trial judgment (judgment no.2) - handed down on 20 October - a couple of weeks before the trial started - in which the Post Office's attempts to get lots of evidence ruled inadmissible was struck out. It is quite entertaining.

Ready? Here we go:

Day 1 - Wed 7 November

Claimants' opening statement - Mr Patrick Green QC.
Defendant's opening statement - Mr David Cavender QC.

Transcript,
Write-up: "Skeleton arguments"
Collated live tweets.

Day 2 - Thu 8 November

Giving evidence:

Lead Claimant 1 - Alan Bates
Lead Claimant 2 - Pam Stubbs part 1

Transcript.
Write-up: "Alan Bates and Pam Stubbs take the stand"
Colllated live tweets (morning).
Collated live tweets (afternoon).

Supporting information:
Alan Bates' witness statement.
Pam Stubbs' witness statement.
Serious Horizon Errors document.

Extra pieces by me: Liabilities

Day 3 - Mon 12 November

Giving evidence:

Lead Claimant 2 - Pam Stubbs part 2
Lead Claimant 3 - Mohammad Sabir

Transcript,
Write-up: "Pam Stubbs finishes being cross-examined".

Supporting information:
Mohammad Sabir's witness statement.

Extra pieces by me: Post Office internal memos - Serious Horizon Errors

Day 4 - Tue 13 November

Giving evidence:

Lead Claimant 4 - Naushad Abdulla
Lead Claimant 5 - Liz Stockdale

Transcript,
Write-up: "Naushad Abdulla and Liz Stockdale".

Supporting information:
Naushad Abdulla's witness statement,
Liz Stockdale's witness statement.

Day 5 - Wed 14 November

Giving evidence:

Lead Claimant 6 - Louise Dar

Transcript
Write-up: "Final Lead Claimant is cross-examined".
Collated live tweets.
Supporting information: Louise Dar's witness statement.

Day 6 - Thu 15 November

Giving evidence:

Nick Beal, Head of Agents’ Development and Renumeration, Post Office Ltd (witness statement here).
Paul Williams, Restrictions Advisor, Post Office Ltd (witness statement here).

Transcript
Write-up: "The Post Office speaks!"
Collated live tweets.

Extra pieces by me: The NFSP

Day 7 - Mon 19 November

Giving evidence:

Sarah Rimmer, Agent Remuneration and Expenses Manager, Post Office Ltd (witness statement here).
John Breeden, Head of Agency Contracts, Post Office Ltd (witness statement here).
Angela van den Bogerd, People Services Director, Post Office Ltd (witness statement here) part 1.

Transcript.
Write-up: "Angela van den Bogerd part 1"
Collated live tweets.

Day 8 - Tue 20 November

Giving evidence:

Angela van den Bogerd, People Services Director, Post Office Ltd - part 2.

Transcript.
Write-up: "Best of Angela van den Bogerd part 2"
Collated live tweets.

Day 9 - Wed 21 November

Giving evidence:

Angela van den Bogerd, People Services Director, Post Office Ltd - part 3.
Timothy Dance, Retail Transformation Integration Manager, Post Office Ltd (witness statement here).
Helen Dickinson, Security Team Leader, Post Office Ltd (witness statement here).
Michael Shields, Temporary Subpostmaster Advisor, Post Office Ltd (witness statement here) part 1

Transcript.
Write-up: "Paula Vennells implicated".
Collated live tweets.

Extra piece by me: Did the Post Office prosecute Subpostmasters in order to seize their assets?

Day 10 - Thu 22 November

Giving evidence:

Michael Shields, Temporary Subpostmaster Advisor, Post Office Ltd - part 2.
Elaine Ridge, Network Contract Advisor, Post Office Ltd (witness statement here).
David Longbottom, Training and Audit Advisor, Post Office Ltd (witness statement here).
Michael Webb, Training and Audit Advisor, Post Office Ltd (witness statement here).

Transcript
Write-up: "The Long and Windy Road".
Collated live tweets.

Extra pieces by me:
The NFSP "signed in blood" email
Internal Post Office email chain "she is questioning the integrity of Horizon"
Ten memorable moments of the first ten days

Day 11 - Monday 26 November

Giving evidence:

Michael Haworth, Network Engagement Manager, Post Office Ltd (witness statement here).
Andrew Carpenter, Agents Contract Advisor, Post Office Ltd (witness statement here).
Brian Trotter, Network Contract Advisor, Post Office Ltd, (witness statement here)

Transcript
Write-up: "The joy of text".
Collated live tweets.

There's also a cameo from me at the beginning of the day, if you're interested: Application to make an unofficial sound recording of proceedings.


Day 12 - Monday 3 December

Oral closing statement from the claimants' QC, Mr Patrick Green - part 1

Transcript.
Collated live tweets.
Written closing statement from the claimants' QC.

Extra piece by me: CCRC gets interested in the Common Issues trial.

Day 13 - Tuesday 4 December

Oral closing statement from the claimants' QC, Mr Patrick Green - part 2

Transcript.
Write up: "Something very serious happened today."
Collated live tweets.
Written closing statement from the claimants' QC.

Day 14 - Wednesday 5 December

Oral closing statement from the Post Office QC, Mr David Cavender - part 1

Transcript.
Write up: "What the Post Office did next".
Collated live tweets.
Written closing statement from the Post Office QC.

Day 15 - Thursday 6 December

Oral closing statement from the Post Office QC, Mr David Cavender - part 2

Transcript.
Write up: "Not even the end of the beginning".
Collated live tweets.
Written closing statement from the Post Office QC.

Judgment day - 15 March 2019

Write-up "He Did It"
Common Issues judgment cheat sheet.
The actual judgment - all 180,000 words of it.

Judgment reactions:
Post Office
Alan Bates (JFSA founder and lead claimant) interview outside court +
James Hartley (lead solicitor for the claimants, Freeths) interview outside court +
Media reports on the day
Slightly bonkers Post Office fireside chat video
NFSP Q&A to its members
My comments on the NFSP Q&A

*******************

I am currently running a crowdfunding campaign to ensure I can attend all relevant appeal court, high court and government inquiry hearings related to the Post Office Horizon IT scandal. Reward levels include access to the secret email, and a forthcoming book. Please click here for more information, and if you would like to support my work.

Wednesday, 16 January 2019

A former Subpostmaster writes: "She was simply regurgitating a lie"

The stories keep coming. All fundamentally the same but with different outcomes. This is the experience of former Subpostmaster Helen Walker:

"I am one of the first-tier claimants in the Post Office Trial and wanted to share my story in an effort to help expose some of what I consider to be the huge wrongdoings of the Post Office who now seek shelter behind the letter of the law to avoid responsibility and justice.

I took on a Local Plus Post Office in the village of Penmaenmawr near Conwy in North Wales in April of 2017 and closed its doors less than 11 months later on 28 February 2018, simply because I could no longer risk the financial lottery of what Horizon would come up with as my alleged losses at every balance and end of transaction period. 

Helen outside Penmaenmawr Post Office in 2016
I feared it would ruin me and possibly result in my own imprisonment. It seemed it would be impossible to prove that I had NOT committed a crime, and I knew that merely being innocent would not be enough to save me.

I had worked for 20 years as a teacher before undertaking a role as an Education Officer with the council. I was made redundant from that job in 2015, and moved to Penmaenmawr with my partner Jon and youngest son that same year. Jon set up his own music shop in the village, and the business was growing.

I felt ready for a complete career change. I already had previous experience of working in clothing and gift shops, and helping Jon out in his shop had rekindled my interest in retail. 

When the opportunity arose in 2016 to take on the Post Office in our village, it seemed to be the ideal opportunity for me to start up my own business, whilst retaining a valuable resource for our local community.

As I had the additional experience of handling budgets and staff through my work as an Education Officer, I felt able to undertake the responsibility of running a Post Office alongside a retail gift shop. The projected extra income from the Post Office remuneration would, I surmised, offer some financial stability and help towards paying the overheads.

Setting up

My two eldest children were in their 20s and at that time held part-time employed positions elsewhere. Both had significant retail and cash-handling experience and were interested in coming to work for me. One existing member of staff was to remain in post until her retirement that summer, which would also help with the transition.

After Helen's makeover
Despite my application being rejected twice by the Post Office on the grounds of insufficient information regarding the previous postmistress’s convenience store accounts, I was finally offered an interview and was accepted just before Christmas of 2016. 

I was really looking forward to the prospect of finally taking over in April 2017 following the Network Transformation refit and training provided for myself and my two children. The whole process would take 8 months from my initial application in August to opening the doors just before Easter.

There was certainly no incentive for the outgoing Subpostmistress to warn me of what I was getting into, as she would forgo her outgoing payment if a replacement Sub Postmaster could not be found. She had already agreed to convert her branch under Network Transformation but then changed her mind. I was told that this was on health grounds. If I had backed out and nobody else could be found, then she would leave with nothing.

Regurgitating a lie

I had read in the press of alleged issues with Horizon in the past, and wanted to be sure that this was no longer a problem. Prior to our two day training sessions in Chester, I had only been into the branch for a few hours to observe staff and see how they processed mails transactions and segregated the mails. 

As we were using ‘dummy’ unconnected versions of the computer system during training, I asked our classroom trainer point blank whether there were still any ongoing issues with the actual Horizon IT system. She replied that Horizon was completely reliable, and that in actual fact, the Subpostmasters that had blamed Horizon for their losses had been found to be stealing. 

They had now been either sacked, prosecuted or in some cases imprisoned. I had no reason to doubt the honesty of her response. I had asked an important question during a training session, in front of witnesses. I had been given an answer that laid my concerns to rest. I now know that at the time of her answering my question in early 2017, there were recognised issues with Horizon that were known to the Post Office. I do not know whether the trainer was aware that she was not telling me the truth, or whether she was simply regurgitating a lie that had previously been fed to her as fact by her employer. 

I did not have sight of the full contract before signing a document saying that I agreed to what was in the full, unseen contract. I was told that this was ‘normal Post Office Practice’ and would receive the full version once my Post Office had opened. Having previously worked indirectly for the Government as a teacher and Council Officer, I felt I had no reason to doubt the integrity of the Post Office, given the Governmental involvement. How naïve I was.

Gift shop interior
Getting to grips with running a Post Office was a steep learning curve. We were so grateful to a second trainer who came to shadow us for the first six days, but we felt worryingly ill-prepared. The classroom training and online instruction had taught us the principles and procedures of the most common transactions, but it certainly did not prepare us for every eventuality, for the idiosyncrasies of Horizon, the workarounds to deal with difficulties and the sheer multitude of different situations that you can be faced with on a daily basis. The online Horizon help system was slow, and could not be accessed mid-transaction. It also seemed to be a very clunky system that required you to know exactly where to look for an answer that may not even be there.

Horizon was perpetually unreliable

Worse still, I discovered that I had not been properly trained to pinpoint reasons for discrepancies or most importantly, deal with issues during balancing at the end of the week. I had spent hours trying to find 'losses' that were apparent at one declaration, only to find that they had disappeared come the next declaration. We had been told during training that if we had a discrepancy, we had to keep looking until we found it and that it would always be in the cash or stamps. We just had to keep looking. I eventually realised that this was not the case. 

Horizon loss of connection warnings at Penmaenmawr Post Office
The onsite trainer also revealed that not all the transactional information was visible to us in our office, and worse still, she understood that if a card was declined for a withdrawal and we didn’t notice, then it would leave no trace on the transaction log, so we would never know what had happened. Having a system that doesn’t flag up a really obvious warning message to let you know that you shouldn’t hand over money to a customer seems to be one that is setting you up for failure. 

The discrete line of text saying the card has been declined is so similar to the line of text saying the transaction has been successful that it would be very easy to make an expensive mistake. Of course, Post Office do not care if you make a mistake, because it comes out of your pocket. I do not believe however that our significant and regular discrepancies were down to human error. No matter how careful we were, they kept on happening. When we monitored the system and made regular declarations throughout the day, the results were wildly different on each occasion.

The tills froze every time the telephone rang

Horizon was perpetually unreliable, with both tills 'freezing’, sometimes several times a day. There was also fault on the phone line that has interfered with the tills from day one of my taking over the counter. Despite my pleas to various departments for this problem to be looked at, they never sent anyone out to investigate. I later discovered that everything apart from the lottery terminal had been plugged into the same BT line. 
That's going to go well

I established that the two Horizon terminals, the Paystation and the telephone were all using one line via domestic phone ’splitters’. Even the alarm system may have been using this same line, as I was not aware of any other line used for this purpose. This would explain why our tills froze for several minutes every time the telephone rang. The ‘new’ modem installed in February (which the engineer told me was actually refurbished and therefore second hand) seemed to make matters worse. 

After the first two months of trading, remuneration plummeted from the ‘artificial’ figures that were supposedly based upon the previous Subpostmisstress’s figures. The Post Office had never gone into any detail about the rates for each transaction, and it seemed that no matter how hard we worked, the Post Office remuneration was usually at least £300 a month less than we had expected, and alleged ‘losses’ were making matters worse. 

My retail till was paying the wages of staff required for the Post Office. I was working full-time behind the counter and not taking a wage. I still needed an additional member of staff in at some point every day, as we were a Local Plus with two Post office tills and certain business customers could tie up a counter for 10 minutes at a time. We were dealing with far more banking than I had ever anticipated, and the security risk coupled with the financial risk was worrying and the returns for this were appalling. 

Shortfall doubled

A low plastic screen seemed to offer little protection, and the new BIDI safes were prone to jamming, and so could not be relied upon. More worryingly, we were having problems every day in getting things to balance, and had called in the trainer to help us out whenever she could, but this was not always possible or practical. At first she found errors that we had made, as this was all new to us, but as time went on, despite being a trained auditor, she too was having no joy in tracing the root of the supposed ‘losses’. 

The online help was useless, and the telephone helpline had actually caused me to double a shortfall by giving me the wrong advice on one occasion. We also couldn’t use the landline and the tills at the same time. I ran up a personal mobile phone bill of over £100 in two weeks trying to sort out Post Office problems.

On one occasion, I inputted the wrong amount of euros held during balancing. When I tried to correct this error, it made the discrepancy worse. I phoned the helpline, and I was told ‘I can’t help you because I can’t see your screen’. I asked if someone could come out to help me rectify my mistake, since all the euros were present and correct but I had made an administrative error. I was told that as the loss was only for a few hundred pounds ‘We don’t send anyone out to sort something that small’. 

This went down as a loss for my office at the end of that Transaction Period. Errors made when sending back money or stock would also be my financial responsibility. On one occasion, I sent back currency that the cash centre said they were unable to trace. I assumed that I may have made a mistake when preparing it to be sent. I could not find a papertrail for what I knew had left my office, and the Cash Centre said they didn’t have it.

A month to respond

 I was having to follow instructions in a training booklet and if I made an error, the booklet didn’t show me how to go back and correct things. I was out of my depth and when phoning the helpline for advice, you were either very lucky and spoke to someone who knew what they were talking about, or very unlucky and on hold until you gave up or stuck with someone reading from a help screen who knew little more than you.

In a letter sent to my contracts manager, Paul Williams on August the 7th 2017, I wrote:
“…As a whole, I have to say that I expected a better level of overall support from Post Office, and have been left on hold by the Helpline for up to 40 minutes at a time on more than one occasion. I did not expect that my liability for any losses would be determined by a computer system that often produces out of sync statements of the money it expects us to have in the till and the safe, and was horrified to have the advice given to me by one of the helpline staff to rectify an error then result in an additional £400 shortfall. Luckily, I realised what they had done and contacted another member of the helpline staff who was able to advise me how to reverse the error. Had I not done a variance check immediately after talking to the first staff member, I might never have found out the cause of the £400 loss. 
"Sadly, I do not have faith in the Post Office supporting and advising as is necessary for us. We regularly deal with transactions that are in the hundreds and sometimes close to the two thousand counter limit, and feel very stressed that nobody seems to have any kind of line-manager role. If I have a balancing issue that I cannot figure out, I am left to sort it out myself.”
Paul Williams did not respond for a whole month, and when he did. He seemed more concerned with reminding me of my contractual obligations than anything else. He said he would ‘try’ and sort out additional training via the NT team, which in the end amounted to a few extra hours input from our trainer. This was the only occasion that he answered any of my numerous emails. He did however provide a response that contradicted his statement on the witness stand during the recent trial at the High Court when he stated that he had never had any complaints about staff…
 “I agree that being kept on hold for 40 minutes on the helpline is not conducive to good customer service and if you can supply me with the relevant reference numbers for any helpline calls that you have been dissatisfied with I would be glad to take this up with our helpline team leaders on your behalf.”
I already knew that there was no transcripts or record of the conversation that had doubled the shortfall. I had complained to another member of the Helpline staff and been told there was ‘nothing written down for that call’ and that I ‘must have made a mistake’. 

I could no longer cope with the stress

I began printing off miles and miles of transaction logs, taking photographs of frozen screens and logging examples of system freezes and crashes in the hope that one day they might help to prove my innocence, should I be suspended.

Less than a month later, I emailed Paul Williams to inform him of my intention to relinquish the Post Office counter the following April, regardless of the contractual consequences. I could no longer cope with the stress of being unable to balance the tills, the worry of what figures the system may come up with next and the complete and utter abandonment of us by Post Office. 

By October 2017 I could no longer afford to employ my son, and the Christmas rush was handled by myself working all day, six days a week, and my daughter helping out whenever she could, subject to how much I could afford to pay. Following the closure of the two closest Post Offices, we were now the only functioning counter for a catchment area of over 7000 inhabitants. 

At one point in the run-up to Christmas my partner Jon had to step in and physically lock the door to stop customers coming in as the queue was around fifteen people deep and had been all day. I could no longer cope. I had been working flat out by myself for five hours without stopping. I was so scared that I would make a mistake and couldn’t even stop go to the toilet. I couldn’t afford any extra help, and my email to Paul Williams informing him of our situation and asking for help had been ignored. I was at breaking point.

Relief and anger
Helen Walker
Were it not for stumbling across the Facebook page of the CWU and reading the stories of other Subpostmasters who were having the same struggles as I was, I would have continued to think I was alone in my plight. I would also have been too late to join the class action against the Post Office. The relief I felt in knowing that this issue was not just my problem was immense, shortly followed by anger at how I had been made to feel that I was stupid and that all the discrepancies had been our fault, or worse, that I or one of my own children was stealing Post Office money.

As it transpired, I found myself unable to continue as long as I had hoped. I aimed to close exactly a year after I opened, but after a supposed discrepancy of over £700 in the middle of February the system came up with another alleged shortfall of over £300 after less than 8 hours trading. This was during a period of quite heavy snowfall with hardly any customers and only myself in the office. It was not possible that this was theft or human error.  I knew I had to get out. I emailed Paul Williams on February 28th 2018 to tell him I had closed the counter.

Bleak future

Within a month of this, I also took the difficult decision to close the shop entirely. Pulling the plug on the Post Office counter had forced people to go further afield for their cash and postal needs. This, in turn, had resulted in virtually no customers for my shop. It also had a massive impact on other small shops in the village. I could no longer afford the rent and had hundreds of pounds worth of stock unsold. I had suppliers’ invoices to pay and the future looked very bleak.

I returned to teaching and now work as a supply teacher in order to pay off the bills and have spent the last six months selling off my stock at car boot sales and on ebay for less than the price I paid for it, simply to generate money to pay off my business debts.

It is my belief that the Post Office hierarchy are knowingly dismantling the system from within. They know it is only a matter of time before the ship runs aground, and they don’t care about the crew. They are still dining at the Captain's table and enjoying the cruise.

As I write this, the Post Office are already grooming another shopkeeper in our village to take on a counter within his shop. I have pleaded with him to read the information that is out there, and to consider what the impact of his decision might be, but the Post Office has already wooed him with the promise of footfall and a steady income. 

He is due to open in just a few weeks. He mistakenly thinks that everything will be ‘fixed’ by then. I can only hope that the outcome of these trials will finally bring the truth out into the open before more livelihoods are ruined."

There are questions to be asked of the Post Office here - particularly with regard to what it tells incoming Subpostmasters. The trainer who trained Helen, according to Helen, wittingly or unwittingly lied to her. 

If the Post Office is instructing its trainers to lie, or telling them a lie, or this individual trainer is spreading untruths of her own accord, it seems to me this should be addressed immediately. Most reasonable people would think the Post Office has a moral obligation to warn incoming Subpostmasters of the risks they are taking on, even if there is no legal obligation.

Unfortunately the Post Office has a vested interest in maintaining the fiction that substantive problems with the way Horizon works do not exist. The sad thing is that outgoing Subpostmasters and the NFSP (see my previous post) have the same vested interest.

The issue of failing to tell incoming Subpostmasters about the risk of using Horizon was discussed in the last trial, but I don't think the judge has been asked to make any findings on it. It might come up as part of Common Issue 2(i):

2. Which, if any, of the terms in the paragraphs listed below were implied terms (or incidents of such implied terms) of the contracts between Post Office and Subpostmasters?
  1. (i) To communicate, alternatively, not to conceal known problems, bugs or errors in or generated by Horizon that might have financial (and other resulting) implications for Claimants
But I suspect that is more likely to address the responsibilities of the Post Office after any contract is signed. What the legal obligations of the Post Office are before signing any agreement don't appear to be under consideration in the ongoing litigation. If I have got this wrong and someone knows better, please get in touch.

Saturday, 12 January 2019

The NFSP's latest wheeze

NFSP HQ, Shoreham-by-Sea

Comedy Subpostmaster "union" the National Federation of Subpostmasters has revealed its latest wheeze to Better Retailing magazine.

According to an article published on 2 Jan, the NFSP (which is funded by, and therefore effectively a department of, the Post Office) has recruited 15 retailers to run post offices through its Buy a Post Office service, and it is looking to step up this sort of activity in 2019.

Now - I would tell anyone thinking of taking on a Post Office that:

1) by doing so they are agreeing to become legally responsible for an accounting system (Horizon) they have no control over, exposing them to potentially limitless risk.

2) if things go wrong with Horizon and a financial discrepancy is reported they will have to pay it from their own pocket unless they can unequivocally prove it is the fault of an IT system they have no access to.

3) the Post Office assumes in all circumstances Horizon is infallible on the basis it is usually robust.

4) failure to make good any discrepancy could lead to termination without compensation for any lost investment or remuneration.

Obviously any organisation with a passing concern for the interests of any potential Subpostmaster would spell this out as part of their recruitment campaign.

So, a week ago, I sent the following email to the NFSP's Head of Policy and Research, Peter Hall:

"Hi Peter

Happy New Year.

I note from this story in Better Retaiing: https://www.betterretailing.com/retailers-invited-to-buy-post-offices you are helping potential new Subpostmasters buy  post offices and wish to increase your marketing of this service in 2019.

The article states the NFSP gives advice on how to successfully put forward a case for taking over a branch or vacant site. It says your support includes help on writing a business plan and interview tips.
It also quotes David Gold, your retail consultant, as saying:
“We want to help retailers increase the likelihood of being able to take over a post office from a retailer who might be selling their business or retiring. One of the NFSP’s aims next year is to increase marketing of the service to raise awareness of the service to more potential retailers.”
I would be grateful if you could let me know exactly how much the NFSP tells potential purchasers about the known problems with Horizon, and the risks they are exposed to once they have signed the relevant Subpostmaster contract.

Do you also make them aware they have no contractual right to an investigation of Horizon by the Post Office if things go wrong at their branch?

Explaining these risks would help the Subpostmasters when they seek legal advice about signing the contract and help them write their business plan.

Is there a specific script or written piece of advice you give them? Or is it informal? Are the problems people claim to have suffered with Horizon underplayed by Mr Gold, not mentioned at all, or discussed in great detail? Do you suggest or recommend or insist they seek legal advice before signing up?

Also - have you taken legal advice on what you should or shouldn’t tell potential Subpostmasters about the ongoing court case and the potential scale of risk they are exposing themselves to? There is no information that I can see about either of these rather important subjects on your website.

I would be most grateful if you could put me in touch with Mr Gold to find out what he is saying to potential recruits and, if they are willing, I’d be most grateful if you could pass on the numbers of the three Subpostmasters you have successfuly helped recruit so I can find out what they have been told and warned about by the NFSP (and the Post Office) before they took on their respective branches.

Please reply in the next seven days so I can publish this email and your response on postofficetrial.com

Many thanks

Nick"

Surprisingly, I did not even receive an acknowledgement to the above email, let alone substantive a reply.

I worry the NFSP is potentially opening itself up to a legal claim if it is actively helping potential Subpostmasters write business plans without coming clean about the risks.

And I worry that potential Subpostmasters are being sold a business opportunity without being told about the potentially catastrophic effect it could have on their lives if things go wrong.

I know Mr Hall's email works because when I last posted a piece on the NFSP he issued me with a veiled threat about using the NFSP logo. He refused to comment on the actual article, but insisted I remove the NFSP logo, claiming I was in breach of copyright. This forced me to ask someone to go and take photos of the poo-splattered plaque outside the NFSP HQ in Shoreham-by-Sea and use that instead.

It's tempting to see the NFSP as a joke organisation, but it's not. Its failure to deal with the Horizon issue the way a proper representative organisation should makes it at least partially culpable for what has happened to hundreds of its former members over the last 20 years.

If it is helping recruit Subpostmasters without spelling out the risks, it is acting immorally and potentially illegally.

Friday, 11 January 2019

Post Office stops "horrified" MP from talking to staff

Houses of Parliament
Amazing scenes in parliament yesterday where the slow decline of Crown post offices was debated by MPs. The debate was called by Wigan's Lisa Nandy, who started with this extraordinary tale:

"I was quite horrified at what happened last month when I went to my Crown post office to talk to the staff. I went with a representative of the Communication Workers Union, who had notified management in advance, but an area manager was then sent all the way to Wigan to block me at the door. We were chucked out of the building, but for some time I stood outside in the street in the freezing cold to talk to staff about their concerns and fears. A number of counter staff who had initially been keen to talk emailed me later to explain that they had been put under significant pressure not to come outside. 
"Why is a publicly owned business trying to intimidate and silence its own staff? It was particularly telling that the area manager said that she had been sent by the press office. This is an organisation apparently more concerned about appearances than about the rights of its own workforce."

I've asked the Post Office press office for a comment. For the rest of the debate - have a read of Hansard. Thanks to Jo for the tip-off on the story.


Sunday, 6 January 2019

A former Subpostmaster writes: "I am broken."

This is Wendy Martin, who ran the Crichton Lane Post Office in York until December 2016.

Wendy Martin
Wendy is a claimant in Bates v Post Office. Her mental health has been affected by the ordeal she went through. She's more than £30,000 in debt, suffers anxiety attacks and has been diagnosed with depression. She unreservedly blames the Post Office for this.

Here is Wendy's story, submitted to me this week, in her own words:

"Let me start by saying the person writing this is not the same person I was four years ago. 

I am an empty shell. I am on a waiting list for post-traumatic stress counselling. Even saying that doesn't sound right. I am not a soldier. I should not need counselling. I was a postmistress working in a post office. I am destroyed both inside and out.

I started out my career working in an accountants and became a credit controller, but I never really knew what I wanted to do with my life until I found a job in my local post office in February 1999. I  worked at the Liphook branch in Hampshire. It was a mid-size office which provided most services, including car tax and data-post. My job was varied and I really enjoyed it.  

Two months after starting at Liphook, our office was chosen to trial a new computer system. The Post Office was rolling out Horizon. To me, using the computer was no hardship as I was so new to the job. I helped the older staff with the computer and they helped me learn the job. I found I picked things up very quickly.

After my husband's father got ill we moved back to my home town of York. I found work in various post offices. I enjoyed it - how many people can really say after 16 years in a job they still wanted to be at work like I did? 

The decision that ruined my life

I had complete faith in the Post Office and Horizon. Horizon had never let me down and I did not have a single discrepancy in any branch I worked in for over 10 years. I knew others had, but felt I didn't get problems because I was good at my job. I never took a day off sick. For 16 years I knew what I wanted to do and where I wanted to be. 

Knowing this was what I wanted to do until I retired helped me make the decision that ultimately ruined my life. 

I had been working in the Crichton Avenue post office in York for eight years when the previous postmaster decided he wanted to leave. I applied for the job.

I had to agree to many changes and refurbish the office so it was compliant for disabled access. This meant a new layout which the Post Office decided but I had to pay for. I borrowed £22,000 from the bank, borrowed money from my family and ploughed my own life savings into the branch. I was stupid. I thought I was securing my future. 

My side of the refurbishment went smoothly, I chose the best company and paid for good workmanship. It was carried out to a very high standard. The problems started with the Post Office. 

They had one man working early morning until late at night wiring up the office. He told me they were not paying enough to send more men, but more were needed. He struggled, but he finished wiring everything up and I have to say the subsequent problems were not his fault. Everything was cheap, carried out to cheap standards, and although my problems were caused by the items he was using, he was not given the correct materials to do the job.

System failures

The first thing he was instructed to do was to place all the wiring on one line - the computers, the alarm system, the gas and electric top-up machine and the phone line. This saved the Post Office monthly line rental on the phone bill, which was all they cared about. They knew the problems this set-up was causing in new offices and they are still refurbishing offices in the same way.

As soon as I opened for business my computers would crash. All day every day. They were constantly offline and not working. I was getting one drop-out every minute on each of my three terminals every single day. Transactions were going missing. My alarm system would not send signals to the alarm company and I was getting false call outs. My panic button did not work. Had I been robbed I would have no police assistance. My office was closing most days due to system failures. I spent each day on the phone trying to get my problems rectified.

Customers were also upset when payments they made would not reach the person they paid due to system problems. Despite this the Post Office would not send anybody to help.  Each day when I checked my cash I had massive discrepancies, sometimes hundreds or even thousands of pounds. You could input the same figures and the discrepancy would alter each time. We were experienced staff and each one of us could not balance our tills. We kept getting told Horizon was not causing our problems. This was rubbish. I knew Horizon was the problem. I could not believe what they were telling me. To make matters worse they kept closing my case and refusing to send anybody. 

I never slept. I was like a walking corpse and so were my staff. The worry and stress was killing us and we were getting no help from the Post Office despite my union man trying his best to help. He was a CWU representative and the Post Office would not deal with him. I was emailing everyone including Angela van den Bogerd so it's no use anyone saying they didn't know what was going on. I'd spend all day arguing with idiots and then all evening arguing with the top nobs. They did not see me as a threat and would not help.  I could not even go to the doctors as I spent each day fighting at work and each night phoning and sending emails trying to rectify my problems. 

The horrible thing is, until it happened to me, I would have been stood on the other side of court saying, "well I never had a problem...."

Depression ravages me

In December 2016 after many closures, staff walkouts and nearly two years without sleep, I closed my doors. I could no longer deal with the stress. The Post Office responded by keeping my last three months remuneration which amounted to nearly £7,000. They still say I owe them more than £8,000. I am broken. My credit is ruined as I owe more £30,000 which I cannot repay as I have no income. My health is damaged and I am awaiting counselling.

The stress has ruined my home life. My relationship with my partner has broken down. I can never work in a financial role again as my credit rating is worthless. I am 48 years old and now have no career, I am still risking the home I live in as my debtors have a right to come after it. Depression ravages me, and I struggle to find any work. 

It has been just over two years since I closed and I still feel exhausted. I am out of fight. I am still shocked by lack of press coverage and lack of concern by the government who own this institution. 

I am still hopeful this will change. I am not alone. Hundreds of postmasters are like me. I hope the Post Office will be brought to account soon."

The Post Office tell me they won't comment on individual cases, but their current legal position, as explained in court during the recent common issues trial, is that what happens in a branch is the Postmaster's responsibility. Problems with Horizon have to be proved by individual Subpostmasters. Horizon's general reliability means that the Post Office can safely assume it is reliable unless a Subpostmaster proves otherwise. It has no contractual obligation to investigate its own computer system.

Thanks to Wendy for getting in touch. Given the number of people who have told me about depression and dark thoughts as a result of what happened to them please be aware there are ALWAYS people you can talk to - click on this link to the Samaritans, who are experts in dealing with the emotional fallout from any trauma. 

If you need urgent financial or legal advice, before doing anything, go to Citizens Advice. My wife volunteers for CA and they are brilliant. They can listen, help and point you in a sensible direction. 

For specific advice on what to do about the Post Office - try the JFSA, Freeths and the CWU

Finally a note on Wendy's observation that she is shocked by the lack of media coverage. Regular readers will know this is a familiar bugbear so forgive me for boring on, but if aggrieved former Subpostmasters don't try to get media coverage (and I am not including Wendy in this, who did go to the media to try to get help when she was still a Subpostmaster), how do they think journalists will cover their story? By magic? 

In the last eight years I have been writing about this, the number of press conferences, JFSA interviews, demonstrations, days of action and co-ordinated media campaigns by Subpostmasters who have fallen foul of Horizon has, as far as I know, amounted to nil. That is not to denigrate the Herculean work the JFSA have done in bringing this story to parliament's attention, getting the mediation scheme up and running, and then working with Freeths to find the money to bring this case to court.

But I'll let you into a little secret:

No media activity = no media coverage. 
Sporadic, occasional media activity = sporadic, occasional media coverage.
Sustained media activity = sustained media coverage.

And you can ask the Windrush generation, Marine A, victims of the black cab rapist and Gina Miller about the value of running a sustained publicity campaign alongside your legal one.

From what I have seen the JFSA is not geared up to make any waves in the media. It does not have the appetite, wherewithal, capacity or contacts. The NFSP are patsies, the top brass at the CWU aren't interested enough to do anything, individual Subpostmasters don't seem to want to co-ordinate, and the GLO claimants do what they're told by their lawyers, when it technically should be the other way round. All this plays into the hands of the Post Office, who need this kept as quiet as possible.

It's tempting to be glib here and say - don't worry! Mr Justice Fraser will solve everything. If you believe that, well, I admire your faith, and look forward to reporting the miracle. In the meantime, more Subpostmasters will be experiencing the same sort of problems Wendy had, and the human misery will continue.

Thursday, 3 January 2019

A union man writes: '"Be careful", he said to me as he left.'

As part of a series of guest blog posts (all submissions gratefully received - go to the bottom of this post for more details), please have a read of this from Mark Baker, a union organiser and postmaster in Wiltshire. Mark has been campaigning for decades, but this is his first ever blog post, so be gentle on him!

The Union man's view

Mark Baker
"Despite the title this is not an official CWU blog post, its just my own views on what I have witnessed, first hand, in my role as a trade union representative for Subpostmasters, over the years that the whole sorry Horizon saga has played out.

I have worked in the postal industry now for 41 years. I started as a postman in 1978 in Worthing (my home town) but quickly became a Postal Officer and worked at the Crown Post Office Counter in Worthing.

I joined the CWU (UPW in those days) as soon as I started working as a postman and stayed a member during my time working at the Crown Post Office. I served as the Branch Secretary for the clerical grades.

In 1988 I left employment by the Crown Post Office and with my wife (who I met whilst working on the Counter at Worthing Post Office) purchased our own Sub Post Office in Larkhill on the Salisbury Plain in Wiltshire. 

Our branch is the closest Post Office to Stonehenge. Larkhill is the home of the Royal School of Artillery and supporting regiments. We are to receive many more regiments during 2019 as the troops based in Germany all return to the UK. Larkhill will end up being the third largest Garrison in the UK. In fact Mrs Wallis (Nick’s Mum) was a schoolteacher at the local school and a regular customer of ours. [Ed's note: she was! I only found this out years later...]

31 years on my wife and I still run Larkhill Post Office and although we have witnessed many changes in the Post Office world we still love running the branch. But for the first time in those 31 years I have grave concerns about the future of the Post Office as one of Britain's great institutions.

How did we get in such a state?

Primary blame has to lie with the government. Over the decades the government has slowly lost interest in the Post Office and viewed it as an expensive irrelevance, but successive administrations have been scared of the affection the public had for the traditions post office. So began a slow weaning-off process which has taken the last 30 years to complete. The government has now reached a point where it has successfully shifted the cost of providing a network of 11,500 branches away from public subsidy and onto the backs of the Subpostmasters that make up the network.

The government has taken away most of the work it once provided for the network to perform, separated the network from the Royal Mail and sold the latter off. This has left the network with a decrepit Horizon system which has not been kept updated. It is only in the last couple of years that the network was moved off Windows NT as an operating system, an OS Microsoft stopped supporting decades ago!!

New software and hardware upgrades have arrived but not without problems, and these problems have, without question, caused some Postmasters losses in their accounts.

Now the whole sorry saga is about to blow up in all our faces and it will fall to ministers to provide the solution to what is, currently, a corporate basket-case.

A large slice of the blame also has to lie with the Post Office themselves along with the National Federation of Sub Postmasters [NFSP]. Within the Postmaster community these two organisations are known as POLFed - they have become one in the eyes of most Postmasters and therein lies the biggest reason why the Post Office finds itself in the High Court.

Lack of Sub Postmaster representation!

Throughout my post office career I have always played a role in representing my fellow Postmasters when trouble occurred.

When I first became a Postmaster in 1988 I was urged to join the NFSP. This was not a problem for me - it was a registered Trade Union just like the CWU (which I had recently left).

The NFSP functioned well in those days. It had very few non-members within the Postmaster community as the NFSP was very effective in representing its members with the Post Office when contractual discipline was brought to bear. 

The NFSP also was relatively successful in securing pay increases for Postmasters, it was highly regarded by MPs and recognised as the voice of Postmasters (sadly this bit is still the case today).

I became a Branch Secretary for the Salisbury Branch of the NFSP in 1996 and then I was elected as the national representative for the South West Region and took up my place on the Executive Council of the NFSP in 2000.

It was upon joining the exec I sensed things were not right. The NFSP looked like a trade union, it has rules like a trade union but there was this relationship between the executive of the NFSP and the Post Office that didn’t seem to sit well. 

It certainly wasn’t the kind of relationship I had experienced when I was a member of the CWU. There was a reluctance to challenge the Post Office. Conference motions to seek change brought by members were watered down by the exec if this meant rising up against the Post Office. I tried to change this conduct and became very unpopular with other exec members. In particular the then General Secretary made no secret of his feelings for my approach to representation.

A new digital dawn

I remember the day the exec were informed that the way in which our members prepared their cash accounts and sold the Post Office products and services was to change for ever. Gone was our handwritten ledgers in which we recorded our sales etc and in came a computer system called Horizon. Nothing would be the same ever again.

I remember complaining to the exec that by moving control of our cash ledger onto a computer meant that we were no longer in control of our accounts and that a new contract would have to be drawn up to reflect these new ways of working. This was quickly poo-poohed by my fellow exec members - encouraged by the General Secretary. There was a kind of “we must not look a gift horse in the mouth” euphoria about this new piece of kit. It was the future.

The reports of mis-balancing and Postmaster suspensions soon started. I admit I was ill-equipped to deal with a member who swore blind that they had not lost the Post Office’s money and that it must have been the Horizon system.

This was a new experience for me in my representational role. My other exec members just shrugged their collective shoulders and scoffed, how could it be the computer? Computers don’t make mistakes. The Postmaster must have made a mistake, or worse - they or their staff had stolen the "missing" money.

I couldn’t accept that attitude. I had friends in the military who worked in the IT field. I was also at that time elected as a County Councillor for Wiltshire and was appointed a cabinet member. One of my portfolios was IT. This put me in contact with all the county IT experts. They explained the various ways in which a computer could lose data and mis-report. A military officer friend of mine came to have a look at Horizon in my branch soon after it was installed to see it for himself. He was underwhelmed.

He told me it was just a networked collection of computer terminals, albeit on a national scale, and as such the network would have a series of administrators, all of whom will have certain powers of access to my personal branch terminal. 

"Be careful" he said to me as he left.  He had confirmed my fear that my cash account was no longer in my control.

Horizon heresy

The years rolled on, and the suspensions and dismissals from service of Postmasters who claimed that they had not been the cause of the shortages found in their branch grew and grew. It was getting routine.

To criticise Horizon had become heresy. People who did were rounded on, laughed at or worse, branded as thieves.

I became the only exec member who would put up a defence for a fellow Subpostmaster rather than defending Horizon. But I was flogging a dead horse. The Contracts Managers I dealt with didn’t understand Horizon. Most had never operated the system, so when i started to explain how it might be possible for the system to have caused a shortage their eyes would glaze over.

They were trained to read the contract literally and the contract said the Postmaster was responsible to pay back losses so pay back losses they must (and be sacked for losing the money in the first place). However I did have some successes defending members and the more I leaned about Horizon the more doubt I was able to throw on its infallibility.

I think some Contract Managers by then had heard of Horizons failings but were too scared to speak out. The problem was and is: the Subpostmaster contract was never written to reflect a computerised accounting system.

In the late 2000s, Horizon changed from an in-branch computer system performing and calculating all the transactions on its hard drive and uploading the accounts once a week, to an online system where transactions were performed in real time and stored on a remote data centre. We know this system today as HOL. Horizon Online.

This change has created even more discrepancies for Postmasters. Transactional data got lost or destroyed as it travelled over this vast network of ADSL lines and data centres.

I have spent years studying the science of SDC (Silent Data Corruption). I am not an IT expert nor do I hold any IT qualifications but I have spoken to enough qualified people and read numerous articles that all show that SDC is a known phenomena within the Data Storage Industry. If you do not maintain and protect your communication infrastructure from the beginning to the end of the journey you expect data to travel over then you should not be surprised if data gets lost or destroyed.

Most of the cases I have defended I can pin down to SDC. This is not to say these are the only issues with Horizon. There are coding issues (ie bad code inserted over the years). There is also the appalling training and support regime and the shoddy way in which the front-end of Horizon is laid out with icons in poor locations etc. 

There is no one single source of losses being caused to Postmasters and I will include theft by the Postmaster himself (or by his staff), but in my experience theft cases are infrequent. The biggest cause of losses are attributable to the Horizon system and the many different things that can go wrong with it.

The Great Betrayal

In 2010 the Network Transformation programme was announced. The great betrayal of the NFSP's members was about to commence. I could write another blog on what actually happened but suffice to say I would have no part in this once proud and well-respected organisation, betraying its members and selling them out for self-enrichment. I resigned.

I approached my old union, the CWU, and asked the then General Secretary Billy Hayes if he would agree to form a section within the Union for Postmasters to join. Billy agreed and I have spent the last 8 years building up the membership of the CWU Postmasters Branch against fierce resistance from both the Post Office and the NFSP. 

The Post Office and the NFSP have been very successful in poisoning the minds of Postmasters against joining the CWU. But in recent months alongside the advent of the High Court litigation the lightbulbs are slowly beginning to flicker on in the minds of Postmasters. They realise that they have been hoodwinked over where their interests were best served when it comes to representation.

It is now common knowledge that the Post Office fully funds the NFSP following the NFSP being struck off as a trade union in 2013. The legality of the manner in which the Post Office funds the NFSP is questionable. The funding is set at £2.5 million per annum over the next 15 years by way of a Public Authority Grant. The Government heavily regulates how grants are given within the public sector, and in my opinion the Post Office are in breach of these regulations. Something that has attracted the attention of Mr Justice Fraser.

A feature of the grant funding agreement between the Post Office and the NFSP is a condition that the NFSP must not do anything which undermines the policies of the Post Office.

The pretence is no longer disguised. The NFSP is bought and paid for by the Post Office and is being used to protect the Post Office as evidenced in the NFSP support for the Post Office position in the High Court litigation. [Ed: I think they've clarified their position to say the NFSP is neutral.]

What now?

I have every confidence in the Justice for Subpostmasters Alliance [JFSA] being successful in their litigation. Alan Bates and the entire JFSA group are modern-day heroes

They have never given up, despite facing deep resistance and the even deeper pockets of the taxpayer-funded Post Office. They have done all this alone, with no Union supporting them, and no NFSP supporting them. Just a small group of innocent Postmasters determined to have their say in court.

There will be justice for them. But what next for the Post Office?

One thing that has to change is the removal of the NFSP from any form of Postmaster representational role. Their funding must be stopped. This is where I see a role for the CWU to play. As I said at the beginning of this post, this litigation would have never have happened if a proper trade union was allowed to represent Postmasters.

The Post Office have gone to extraordinary lengths to ensure that Postmasters do not receive independent trade union representation. The Post Office have banned the CWU from representing Postmasters.

In my opinion what is required to move forward is something like the truth and reconciliation forum rather like we saw in South Africa following the collapse of the Apartheid regime. The guilty must be removed, and where appropriate criminally prosecuted. Then a new purpose must be found for the Post Office with a new system running it.

I would advocate a form of mutualisation with Postmasters and front-line personnel playing a meaningful role in the management of a new organisation fit for the future. And I see the CWU being the facilitator for such a recovery.

Conclusion

David Cavender QC, lead counsel for the Post Office in the Bates and others vs Post Office common issues trial declared to the court that the JFSA litigation represented an existential threat to the Post Office business model.

Well I have a view on this. What this litigation does represent an existential threat to is the careers of the people who make up the corporate structure of both the Post Office and the NFSP. These people have acted in a draconian way and have given no thought whatsoever to the lives they have ruined and in some cases ended. These people must be singled out and removed. As for the Post Office business model yes the litigation does represent an existential threat to it. But that’s a good thing. 

Thank you for reading this.

Mark Baker"

What an epic post! I hope you enjoyed it. Many thanks to Mark for writing it. Mark says if any Subpostmasters want to join the Postmasters branch of the CWU, click on this link:  https://www.cwu.org/join-us/join-online/  and select the Subpostmaster EMP option when asked.

If you have a view and/or an interest in the Horizon story or the ongoing group litigation and would like to write a post for this blog (don't worry - it doesn't have to be as long as Mark's), please get in touch using the message form on the right hand column of this PostOfficeTrial website.

In fact - if you'd like to get in touch about anything - it doesn't have a to be a blog post - please use the messaging form. The messages go direct to my phone and computer and I read every single one.

Many thanks

Nick