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Reported drive off, but thought payment had processed.

2

Comments

  • Mildly_Miffed
    Mildly_Miffed Posts: 2,626 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    edited 10 June at 10:46PM

    Now read the "if it can" in your quote. What they received from the petrol station did not contain that. What they received from DVLA did contain the RK's details, within the law. The RK consented to their details being shared when they registered the vehicle.

    I suspect that the RK is not the OP, but a financier, so the RK will be asked for the OP's details - hence the delay in VAR getting in contact with the OP. The OP will have consented to them being shared for these and similar purposes, such as penalties, in the finance agreement.

    It was a drive off. They filled the car. They did not pay for the fuel.
    You're right that the circumstances are irrelevant as to how that omission occurred.

    They still need to pay for the fuel, but that debt has been reassigned to VAR, perfectly legally. It is no longer the filling station who are owed the money.

  • TooManyPoints
    TooManyPoints Posts: 1,811 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker

    Now read the "if it can" in your quote.

    It can and it was.

    What they received from the petrol station did not contain that. What they received from DVLA did contain the RK's details, within the law. The RK consented to their details being shared when they registered the vehicle.

    However they got it and wherever it came from is immaterial. VARS hold the OP’s personal data and so they are bound by GDPR to treat it appropriately.

    ,,,but that debt has been reassigned to VAR,

    I doubt it. It has probably been sold o them (at below face value). To be reassigned, both the original creditor (the petrol station) and the assignee (VARS) must inform the debtor in writing. That does not seem to have been done. That said, it makes little or no difference to the debtor.

    As for the rest, I think we shall have to agree to differ. People aiming to make off without payment do not usually go into the kiosk to make it before driving off. They rarely return to the same outlet a week or so later and offer to make matters right when the error has been pointed out. to them.

    It is incumbent on both parties to ensure the transaction is completed properly. It wasn’t in this case and who failed is largely unimportant. What is important is that this was a simple error. There was no intent to deceive or steal. To place the debt in the hands of debt collectors and describe it as a “drive off” shows particularly poor management skills when a more nuanced approach would have been appropriate.

    I haven’t looked it up, but as far as I can remember, only certified bailiffs can place a “marker” on a vehicle and only then if the debt concerned has been the subject of a County Court judgement.

    However, none of this should be necessary. The driver has already made attempts to settle the debt which came about as a result of a simple error - one which could well have been on the part of the cashier. Agencies such as VARS charge between £30 and £60 for their services. If I was the OP I would ensure that either the debt is paid or that all efforts to make payment have been rebuffed. I would then let VARS do what they will.

  • jimjames
    jimjames Posts: 19,444 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    I assume this isn't an issue for any sites that use pay at pump as those require payment prior to dispense

    Remember the saying: if it looks too good to be true it almost certainly is.
  • sheramber
    sheramber Posts: 25,306 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper

    But a retailer can refuse to sell as long as it is not discriminatory.

  • user1977
    user1977 Posts: 19,968 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    edited 11 June at 6:04PM

    To be reassigned, both the original creditor (the petrol station) and the assignee (VARS) must inform the debtor in writing. That does not seem to have been done.

    Bit difficult if they can't be certain of the identity of the debtor.

  • paul_c123
    paul_c123 Posts: 1,161 Forumite
    1,000 Posts Fourth Anniversary Name Dropper

    TBH I don't know but I suspect you're right. It will be the subset of pumps where they have an active ANPR system which reads the plates of cars and turns on the pump (or not) before filling.

  • Mgman1965
    Mgman1965 Posts: 319 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper

    Buy A cheap personalised plate and assignation to the vehicle to get around the blacklist of VAR sites.

    I got a letter from local plod saying I been clocked speeding by some village do-gooders with no life, and my vrm had been put on a database and making threats of investigations if caught again in next 12 months.

    Two weeks later, cheapo ageless VRM on car (less than £150 all in) and VRM on database showing as non existent anymore.

  • sheramber
    sheramber Posts: 25,306 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper

    You going to do that every time you are reported for speeding?

  • Mgman1965
    Mgman1965 Posts: 319 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper

    No, but it gives you a bit of a shield from the threats of harsher penalties for the year your especially on their radar..

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