Drive off notice for non payment of fuel

Arklight

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?

According to the CRB this is correct up to a point:

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-is-advertised-at-the-wrong-price/

"If you haven’t bought it yet
If you take an item to the till and are told the price on the tag or label is a mistake, you don’t have a right to buy the item at the lower price. You could still try asking the seller to honour the price.
It’s the same if you see an item advertised anywhere for a lower price than the one on the price tag.
If you’ve already bought it
If the shop sold you an item at a lower cost than they meant to, you don’t have to give it back - they’re only legally entitled to ask you for more money if you’d talked about the price (eg £100) and they ended up charging you much less instead (eg £10).
If you realise you’ve paid more for an item than it was advertised for at the time, ask for the shop to refund the difference between what you paid and what was advertised."

The issue here is that they weren't mischarged for petrol; they just weren't asked to pay for it. I am not sure if the OP has said how much they owe for the fuel, but a jerry can is 10 litres, which would have cost them about the same as their batteries. It seems reasonable they would have noticed that their bill was half the price it should have been.

Clive_Woody

ontheroad1970 said:

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.

Going complete off topic, but as a huge fan of well aged Rioja, I have to say I am incredibly jealous. I've had some very nice bottles of Rioja over the years, but I doubt many come near your bottle. Enjoy your wine 🍷

ontheroad1970

Clive_Woody said:

ontheroad1970 said:

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.

Going complete off topic, but as a huge fan of well aged Rioja, I have to say I am incredibly jealous. I've had some very nice bottles of Rioja over the years, but I doubt many come near your bottle. Enjoy your wine 🍷

I've been on a wine festival panel before - tasting 100 wines a day.  Picked out a Rioja (all blind tasting with only country name given) and came across a really nice one - turned out to be 100% Graciano grape and only around £10 a bottle.  It was superb.