Petrol Stations Fuel Mix Up - Contamination

redux

I agree with most of the others. Ulimately your dispute is with the retail point of sale, irrespective of their dispute with the supplier.

If the supplier's insurers agree to deal directly with the retail customers then fine, but if that's not happening it seems to me the retail outlet isn't entitled to pass the buck.

Consequential losses is a bit trickier, and usually someone's liability is limited to their own actions, and not any unfortunate coincidental chain of events which follow. So if a train is late or cancelled the rail company doesn't have to pay for you missing and rebooking the flight from the airport. And here for instance in theory your friend's fuel to take your daughter isn't a valid claim as without the incident you would have spent your own fuel on this.

But even so I think they could afford to add some goodwill into the picture. Some places could charge a few hundred quid for the fuel change and sorting things out, so I don't think they're entitled to niggle about every last quid or two.

redux

LS1 wrote: »

I'm not sure..I will look into this. Will it count as a claim?!

No. The legal fees add-on is like a separate policy to the car cover.

You might have claimed the whole of this in the first place on your own insurers and left them to chase these people.

I'm not saying do that now, but it's definitely worth at least a phone call to see what help or advice they can offer even without doing an actual claim on them.

LS1_2

redux wrote: »

I agree with most of the others. Ulimately your dispute is with the retail point of sale, irrespective of their dispute with the supplier.

If the supplier's insurers agree to deal directly with the retail customers then fine, but if that's not happening it seems to me the retail outlet isn't entitled to pass the buck.

Consequential losses is a bit trickier, and usually someone's liability is limited to their own actions, and not any unfortunate coincidental chain of events which follow. So if a train is late or cancelled the rail company doesn't have to pay for you missing and rebooking the flight from the airport. And here for instance in theory your friend's fuel to take your daughter isn't a valid claim as without the incident you would have spent your own fuel on this.

But even so I think they could afford to add some goodwill into the picture. Some places could charge a few hundred quid for the fuel change and sorting things out, so I don't think they're entitled to niggle about every last quid or two.

Thank you, it's not so much about the money any more. But you're right, where is the goodwill or any form of gesture? I mean not even paying for the fuel that was in my tank prior to filling up is just absurd.

Really useful to hear that you all think my issue is with the direct suppliers. I'll have to look into who exactly is liable for that garage, as like I said I have since been told it's franchised, and am really struggling to find out any info online.

Thanks again.

redux

LS1 wrote: »

Thank you, it's not so much about the money any more. But you're right, where is the goodwill or any form of gesture? I mean not even paying for the fuel that was in my tank prior to filling up is just absurd.

Really useful to hear that you all think my issue is with the direct suppliers. I'll have to look into who exactly is liable for that garage, as like I said I have since been told it's franchised, and am really struggling to find out any info online.

Thanks again.

I'm not a lawyer, but that seems instinctive to me

If it was some other kind of shop that would definitely be the case. A new PC faulty? The shop not the manufacturer. Food poisoning in a fast food outlet? The venue not the meat supplier, though the latter might be dragged in by someone else.

vikingaero

My Dad had a problem with a petrol station where the automatic car wash damaged his car. What followed was the standard pass the parcel blame between the garage, their insurers, the car wash manufacturer and their insurers. It seems they are well set up to bluff/blag/scam/skank the innocent motorist. My Dad passed the case to his more litigious solicitor who sent a Letter Before Action and 7 days later issued a County Court Claim against the garage. A few days later a cheque for over £3,000 was received from the insurers of the garage.

Guys_Dad

You can bet your boots that the service station will be taking legal action against the fuel delivery company as their costs of cleaning the tank will be pretty high. Their insurers will include any claims against them in their claim on the delivery company.

So, work out your costs, and write that LBA.

vaio

redux wrote: »

.........Consequential losses is a bit trickier, and usually someone's liability is limited to their own actions, and not any unfortunate coincidental chain of events which follow. So if a train is late or cancelled the rail company doesn't have to pay for you missing and rebooking the flight from the airport. And here for instance in theory your friend's fuel to take your daughter isn't a valid claim as without the incident you would have spent your own fuel on this........

Nah, I'm pretty sure that business to consumers contracts can't exclude consequential costs. (business to business contracts can exclude or include what ever they like).

I think pretty much the only exceptions to this are government or transport related. Government also includes the old nationalised industries so trains & post office which have the benefit of archaic legislation passed when they were in public ownership. Trains are covered by the National Rail Conditions of Carriage, and there is an equivalent for the Post Office. Air travel is covered by some convention but the EU is nibbling at the edges and rights for passengers are improving. (see assorted grumbles by the Ryan air bloke)

In the OPs case, all consequential costs should be paid plus an amount as compensation because the OP missed the concert. I suppose if the other side was being super picky they could argue that only the "additional" costs should be paid re petrol as as you mentioned the OP was going to drive there anyway but in reality the other side will just pay up once the OP manages to convince them (s)he not going to give up. Sadly a LBA or even actual issuing of court papers might be needed to convince them

Sally_A

This is not the first time this has happened, and usually the delivery company will admit liability fairly quickly and let you deal direct with their insurers.

Be sure to have your receipt, and a letter from garage/RAC/AA confirming this was the problem.

The receipt will confirm which pump you filled up from, as in a multi pump garage, not all pumps will be affected, and you get some people that get wind of the problem and think they can get a free tankful as compo.

The petrol station will also be going at them for loss of business during shutdown and tank cleaning.

I think OAMPS do a lot of fuel delivery insurance, through Zurich.

Which fuel station was it? (hope not one that I insure:o)

sarahg1969

You should be able to claim against the company whose employee made the mistake of putting the wrong fuel in the wrong tank.

You don't have to pursue the shop just because you had a contract with them. You can pursue the organisation that was responsible in negligence.

rxbren

so did the person who took your daughter to the concert go to the concert with her and stay at the hotel with your daughter
if a yes to both then what you had paid for was used and you would have only missed out on the experiance