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Drive off notice for non payment of fuel

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Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Dazzlecat said:
    ... the lady who served us confirmed that she had made a mistake and not charged us for the fuel, only for some other items that we had paid for...
    I'm impressed that after a period of two months had passed that the lady at the filling station could confirm that she had made a mistake.  
    When you've someone in front of you clearly irked and likely to give you grief. What else are you going to say?  Kills the conversation. Her employers rules take precedence. 
  • Herzlos
    Herzlos Posts: 16,215 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You can always send a cheque to the agent for the amount of fuel, plus maybe £5 in admin as "full and final settlement".

    If they cash the cheque, then job done. They'll get chased out of court.
    If they don't cash the cheque, then if they take you to court you can show them that you tried to pay and that they are being unreasonable.

    Should it somehow get to court (unlikely, as the agent doesn't have the authority), and you somehow lose, then you won't need to pay much more than you do now.
  • biscan25
    biscan25 Posts: 452 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Just a thought, so don't shoot me.
    In the eyes of the law, is there even a debt here? OP paid for items, including batteries and fuel, which came to £14, the garage was happy with the payment, so the contract has offer/acceptance and consideration. The fact that the garage has admitted the error further confirms this (provided OP told them they used the pump).
    If i'm in ASDA and an item mis-scans to £1 instead of £100, as soon as I've paid the item is mine, is there not equivalence here?
    Pensions actuary, Runner, Dog parent, Homeowner
  • biscan25 said:
    Just a thought, so don't shoot me.
    In the eyes of the law, is there even a debt here? OP paid for items, including batteries and fuel, which came to £14, the garage was happy with the payment, so the contract has offer/acceptance and consideration. The fact that the garage has admitted the error further confirms this (provided OP told them they used the pump).
    If i'm in ASDA and an item mis-scans to £1 instead of £100, as soon as I've paid the item is mine, is there not equivalence here?
    I would think there is some sort of E&OE in the retailers 'terms of sales' that customers have to accept before any purchase is allowable although no expert in this area.


  • facade
    facade Posts: 7,873 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 October 2021 at 9:58AM
    biscan25 said:

    If i'm in ASDA and an item mis-scans to £1 instead of £100, as soon as I've paid the item is mine
    No it isn't.

    An obvious glaring error like charging £1 for something that costs £100 can be rectified, as you know full well you are being undercharged and are dishonestly keeping quiet.

    Being charged £99 instead of £100 for a cart full of shopping would stand though.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • biscan25
    biscan25 Posts: 452 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    facade said:
    biscan25 said:

    If i'm in ASDA and an item mis-scans to £1 instead of £100, as soon as I've paid the item is mine
    No it isn't.

    An obvious glaring error like charging £1 for something that costs £100 can be rectified, as you know full well you are being undercharged and are dishonestly keeping quiet.

    Being charged £99 instead of £100 for a cart full of shopping would stand though.
    Fair, we were always trained this was the case, probably to make us more viligant at the checkouts before the customer handed over the money. It happens more often than one might think!
    Pensions actuary, Runner, Dog parent, Homeowner
  • ontheroad1970
    ontheroad1970 Posts: 1,710 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    edited 11 October 2021 at 11:08AM
    facade said:
    biscan25 said:

    If i'm in ASDA and an item mis-scans to £1 instead of £100, as soon as I've paid the item is mine
    No it isn't.

    An obvious glaring error like charging £1 for something that costs £100 can be rectified, as you know full well you are being undercharged and are dishonestly keeping quiet.

    Being charged £99 instead of £100 for a cart full of shopping would stand though.
    This was the basis I returned to the till at Booths, a Northern version of Waitrose when I had picked up a very special bottle of wine costing £100.  The box the wine was in scanned and I started to make my way out of the store.  As I did, I checked my receipt and the total for the whole shop was less than £50.  Yes, I didn't check the amount on the till before paying - I was on the phone to my wife.  It was an obvious error.  Could I be done for theft?  Doubtful, as I presented it for payment.  I knew it was an error, and therefore it would be dishonest to proceed to exit with it.  I returned to the till and declared it was not paid for.  I spoke to a manager who was there as they had to ensure the 5% for 6 bottles or more would be applied to the £100 bottle, and the other 5.  They said they wouldn't have pursued me for it, but that the checkout boy - he was under 18, had to get someone to witness the transaction - would have had a stern talking to.  

    The bottle is still intact - it is quite a rare wine - made from 150 year old vines, so pre phylloxera, a disease that wiped out 95% of European vines over a century ago.  I am a qualified sommelier, so was aware of the value of such a wine.  Might have this Rioja with Christmas dinner.  Too rich for Turkey but I usually fill my plate with game, which this will be perfect with.
  • Dazzlecat said:
    ... the lady who served us confirmed that she had made a mistake and not charged us for the fuel, only for some other items that we had paid for...
    I'm impressed that after a period of two months had passed that the lady at the filling station could confirm that she had made a mistake.  
    When you've someone in front of you clearly irked and likely to give you grief. What else are you going to say?  Kills the conversation. Her employers rules take precedence. 
    I should have put a winking emoji after my post.     ;)... 
  • facade said:
    biscan25 said:

    If i'm in ASDA and an item mis-scans to £1 instead of £100, as soon as I've paid the item is mine
    No it isn't.

    An obvious glaring error like charging £1 for something that costs £100 can be rectified, as you know full well you are being undercharged and are dishonestly keeping quiet.

    Being charged £99 instead of £100 for a cart full of shopping would stand though.
    ... a Northern version of Waitrose ...
    Is that even possible?!    :o
  • facade said:
    biscan25 said:

    If i'm in ASDA and an item mis-scans to £1 instead of £100, as soon as I've paid the item is mine
    No it isn't.

    An obvious glaring error like charging £1 for something that costs £100 can be rectified, as you know full well you are being undercharged and are dishonestly keeping quiet.

    Being charged £99 instead of £100 for a cart full of shopping would stand though.
    ... a Northern version of Waitrose ...
    Is that even possible?!    :o
    Yes, they are called Booths.  There was talk of Waitrose taking them over a while back.
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