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faulty petrol pump ruined new boots

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  • ThumbRemote
    ThumbRemote Posts: 4,734 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So many replies that don't actually address the issue of the consumer rights! Amazing how a thread like this brings out the inadequates who just want to snipe rather than actually assist.

    The simple questions are:

    1. 'Did the garage have a duty of care to the OP'. Clearly they did have a duty of care, as OP was a customer.

    2. 'Were they negligent in that duty of care'? Hard to say, depends if they maintained their equipment properly, was OP using it correctly, etc.

    At the most basic level, if the pump is fitted with a safety cut-off, but that fails to operate, it would suggest a level of liability on the part of the garage. It doesn't matter if OP was watching the nozzle or not; there are plenty of valid reasons why they would not be, and there is no instruction at the pump that you should watch the nozzle continuously.

    Beyond that, it becomes an isue of proof. It's going to be very hard to prove the pump was faulty if they now say it isn't. Trying to fill up with it again while videoing the overflow might be an option. If it was an intermittent fault it will be even harder.

    It's interesting though that a manager has already given money for the wasted diesel. That's a good way towards them admitting liability.

    As Poppie68 suggests, try asking for a copy of the CCTV recording. You could also write to the head office stating that you were unhappy with the managers response.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Come on children, leather authentic Ugg Boots were ruined

    Maybe the forecourt should have also provided some of those little blue bootees like you get in security in the airport.

    For me this is clear 'user error' - the cut-off is a safety feature not intended as a mechanism to remove any sense of liability from the user
  • jkkne
    jkkne Posts: 167 Forumite
    Zandoni wrote: »
    I'd doubt that the CCTV camera system had the resolution to see if you had the nozzle in properly. I'd definitely ask for proof, I doubt they even bothered to watch it.

    I was a witness in a road rage attack last year and was shown footage of the accused to identify them in a petrol station. The camera was superb, I could read the Penguin clothes logo on their shirt
  • cajef
    cajef Posts: 6,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Zandoni wrote: »
    , I doubt they even bothered to watch it.

    Why do you think they would lie when a customer has made a complaint and they need to verify what happened?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jkkne wrote: »
    The camera was superb, I could read the Penguin clothes logo on their shirt
    A logo like this?

    images?q=tbn:ANd9GcQFYxro-k_mPl_HuRsLFIuuvzRG5AQTsi96hRV_UpSHJM7r_PT2tw

    Or something more discrete. ;)
  • philatio
    philatio Posts: 678 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Ugg boots are SO last year.
    The pump did you a favour.
  • Why are the boots ruined? My father worked in the oil industry and frequently spilt all sorts of oil extracts over himself but never once destroyed his footware.

    What sort of leather is it? Suede? Waxed leather? Cordovan? What colour are they?
  • Zinger549
    Zinger549 Posts: 1,417 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Why are the boots ruined? My father worked in the oil industry and frequently spilt all sorts of oil extracts over himself but never once destroyed his footware.

    What sort of leather is it? Suede? Waxed leather? Cordovan? What colour are they?
    They were probably safety boots that were oil resistant and had a welted sole.
    Come on you Irons
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    edited 5 February 2014 at 4:27PM
    Zinger549 wrote: »
    They were probably safety boots that were oil resistant and had a welted sole.

    No, they were mainly Clarkes leather derby brogues - advantage of being an outside consultant (certainly in the 80s/ early 90s) was that health and safety was more optional for you

    The only reason he wore overalls was because he had enough of my mother moaning at him for having gotten oil on another shirt/tie etc
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The only reason he wore overalls was because he had enough of my mother moaning at him for having gotten oil on another shirt/tie etc
    I think you answered your own question there. Why do you think your mum moaned at him for getting oil on his clothes, because it would have been a PITA, if not impossible, to get the stuff out. The same would apply to the OP's boots, would it not.
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