Letter from QDR solicitors re failure to pay for fuel

makeanddokate88

Over a month ago, a driver visited a petrol station early in the morning.  They filled up car, went into the shop, browsed, chatted to staff working there, paid and left.

Today the registered keeper has received a letter from QDR advising of debt collection for non-payment of fuel. The amount is over £100.

They called the garage in question, and by chance, spoke to the person who was in the garage the day of the incident. They remembered the driver coming in, even what they bought. They also said that after the driver had left, they wondered whether they'd asked them if they had any fuel.

Turns out no, as £40 petrol wasn't paid for. The driver had no idea about this until today when they got letter and checked bank statements. They paid contactless and clearly didn't twig the amount.

The letter states that failure to pay means £50 charge is added, increaseed to £65 if not paid within 14 days of incident. No other notification of this incident has been provided, only the letter received today (but dated almost a month after the incident). Those 14 days have now passed so total biill is petrol cost plus £65, 

Letter also states that this must be paid within the next 7 days (letter dated 6th Oct, received through letterbox by postie today). 

The registered keeper spoke to garage who've advised there's nothing they can do as the debt has been passed to QDR. 

The driver intended to pay, and thought they had so no reason to check if they had or hadn't.  They also weren't made aware of the incident until well after the 14 days had passed, which feels suspicious. 

is there any way out of this?

HHarry

There’s been a few of these lately - have a search of the forums.

Broadly the person responsible for the debt is whoever filled up and drove away, NOT the Registered Keeper (although they could be the same person).

QDR don’t know who’s responsible for the debt, and whilst their letters will undoubtedly make it sound like the Registered Keepers responsibility, it isn’t.

makeanddokate88

Thanks, I've had a look through most of these i think. I imagine the person who filled up and drove away would happily pay. It's the additional £67 they'll likely be less keen on - especially as the notification has only come today, some 6 weeks after the incident took place. Fair enough if the driver had sped off from forecourt, or if earlier attempts to alert driver to incident had failed. Just feels disproportionate to get a fine that's nearly double the cost of the petrol on basis you've delayed making payment, when you've only been alerted to this fact after the window for more reasonable payment resolution has closed. 

RandomTourist

It's not a fine. The courts can issue fines, QDR can't.

However QDR and the petrol station have spent time and resources chasing the debt, so they have some moral claim to compensation over and above the £40. 

The most sensible thing to do would be for the keeper to pay the £40, and I'd suggest with a letter saying it's their full and final settlement of the debt on behalf of the driver (who wouldn't be identified). Once you've done that they would struggle to find any further chasing worthwhile. If they don't know who the driver is, they can't chase them.

makeanddokate88

Interesting, thank you. Should registered keeper pay this to QDR or the garage?

Ectophile

Ignore QDR.  The driver should offer to pay the garage the money they owe.

Goudy

Ectophile said:

Ignore QDR.  The driver should offer to pay the garage the money they owe.

The first bit might be harder that it looks, these debt recovery companies don't give up easily.

But I agree, the driver at the time should pay the money owed.
The garage won't take it now, they would have more than likely sold the debt on to the collection company.
So they need to pay them, sooner would be better before more fees get added.

There is obviously some sort of relationship between the RK and the driver, perhaps it might be worth pointing out to the driver that that will certainly sour if they don't pay up.

m0bov

The debt is with qdr, they need paying.

Car_54

m0bov said:

The debt is with qdr, they need paying.

But the only person who may be obliged to pay is the one who got the fuel. We don't know who that was, and neither do QDR. 

The OP may know the debtor's identity, but he is under no legal obligation to tell QDR. He may feel a moral obligation, but I would suggest that, by threatening the OP, QDR are in no position to claim the moral high ground.

paul_c123

Forecourt and others may blacklist the index, worth bearing in mind what your next steps are.

Baldytyke88

Ectophile said:

Ignore QDR.  The driver should offer to pay the garage the money they owe.

Once they have paid the money, they may be identified.

It's up to the driver to make sure he has paid, he didn't.