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Refused service at filling station
BrainDrained
Posts: 57 Forumite
Not sure if this belongs here or it requires a specialised legal forum, but here goes.
I went to fill up as usual at a supermarket filling station. The same place I have used regularly for the last 14 years. This time the pump was switched off, yet others seemed to be in use, so I asked if it was out of order. I was told they refused to serve me because a car with my registration number had been flagged up as having driven away without paying. This happened TEN YEARS ago, and 130 miles away. I bought the car nine years ago. I am not in the habit of carrying my registration document around with me so I could not prove how long I'd had the car. This is the first time I've ever had this happen.
Two questions - firstly, where do I stand legally on this? It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law.
Secondly, any implications under the Data Protection Act? Using ten year old data to deny service to someone who is completely innocent, and which could have lead to a very unsafe situation for an elderly lady driving alone if I'd have run out of petrol.
Comments welcome.
I went to fill up as usual at a supermarket filling station. The same place I have used regularly for the last 14 years. This time the pump was switched off, yet others seemed to be in use, so I asked if it was out of order. I was told they refused to serve me because a car with my registration number had been flagged up as having driven away without paying. This happened TEN YEARS ago, and 130 miles away. I bought the car nine years ago. I am not in the habit of carrying my registration document around with me so I could not prove how long I'd had the car. This is the first time I've ever had this happen.
Two questions - firstly, where do I stand legally on this? It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law.
Secondly, any implications under the Data Protection Act? Using ten year old data to deny service to someone who is completely innocent, and which could have lead to a very unsafe situation for an elderly lady driving alone if I'd have run out of petrol.
Comments welcome.
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Comments
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They can refuse your business for any reason they like, no legal recourse IMO.10
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1) It's perfectly legal to refuse you service provided it is not for any sort of discriminatory reason such as protected characteristics (e.g. serving white people not black)
2) They can blacklist a reg plate if they want to, it is not your data, it's a car registration plate.
Why not just send them an email with proof you bought the car and ask to be unlisted2 -
It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law."Making off without payment" is an "either way" offence and carries a maximum of two years' custody. So it can be heard on indictment. However, I don't really see this as very relevant. It might be worth contacting the owners of the service station to see what they have to say.0
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Did they say they'd remove the restriction if you could prove you bought after the offence?BrainDrained said:I bought the car nine years ago. I am not in the habit of carrying my registration document around with me so I could not prove how long I'd had the car
Not sure what you mean - did they suggest they'd be seeking other legal remedies against you, or just refusing to serve you (which they're entitled to do)?It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law.0 -
Think they're suggesting six months has passed since the offence.user1977 said:
Did they say they'd remove the restriction if you could prove you bought after the offence?BrainDrained said:I bought the car nine years ago. I am not in the habit of carrying my registration document around with me so I could not prove how long I'd had the car
Not sure what you mean - did they suggest they'd be seeking other legal remedies against you, or just refusing to serve you (which they're entitled to do)?It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law.0 -
Have you ever asked to have the reg plate removed from the black list? That’s what I’d do.0
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Time limits for criminal proceedings aren't relevant to whether the supermarket still has a civil remedy (not that they would after ten years anyway!).DanDare999 said:
Think they're suggesting six months has passed since the offence.user1977 said:
Did they say they'd remove the restriction if you could prove you bought after the offence?BrainDrained said:I bought the car nine years ago. I am not in the habit of carrying my registration document around with me so I could not prove how long I'd had the car
Not sure what you mean - did they suggest they'd be seeking other legal remedies against you, or just refusing to serve you (which they're entitled to do)?It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law.0 -
I know but why else would the OP refer an indictable offence?user1977 said:
Time limits for criminal proceedings aren't relevant to whether the supermarket still has a civil remedy (not that they would after ten years anyway!).DanDare999 said:
Think they're suggesting six months has passed since the offence.user1977 said:
Did they say they'd remove the restriction if you could prove you bought after the offence?BrainDrained said:I bought the car nine years ago. I am not in the habit of carrying my registration document around with me so I could not prove how long I'd had the car
Not sure what you mean - did they suggest they'd be seeking other legal remedies against you, or just refusing to serve you (which they're entitled to do)?It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law.0 -
Recourse for what? You've done nothing wrong.BrainDrained said:
Two questions - firstly, where do I stand legally on this? It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law.
The original offence was committed by person unknown 10 years ago, so whether they have any recourse against him/her is somewhat academic.0 -
It is my understanding that driving away without paying is not an indictable offence, so they have no recourse in law.Think they're suggesting six months has passed since the offence."Making off without payment" is an "either way" offence which carries a maximum of two years' custody. So it can be heard on indictment and it is not subject to the six month rule (currently twelve months in Scotland - introduced as an "emergency" Covid measure which seems to have been retained).
Not that any of that has any bearing on the OP's question, but it was mentioned.0
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