Unfair ASDA PETROL drive away charge from VARS - cashier error and Asda refuse to help

Mammyboo

Hi I have just received a charge from VARS on behalf of Asda petrol. They claim that I drove away without paying for my petrol. I purchased petrol on my way to work in a local hospital (wearing my NHS id badge so not dressed for robbing petrol stations). I went into store, bought a few items and beeped my Apple Pay at the desk. At the time the cashier was distracted talking to someone over my shoulder and they did not charge me for my fuel. I have contacted the store and they deny liability and said there is nothing they can do about the charge. I have obviously offered to pay for the petrol but they said they cannot take payment and I need to speak to VARS. VARS website crashes and I have had no response to email. Deadline is today or fine will increase. I have asked Asda to retain the cctv from that day/time as evidence of my position. They maintain that the member of staff was very experienced and ‘not one of the young boys’ who might have made a mistake. The implication of this was that I deliberately with-held information about my petrol / pump number with the intention of theft (was told this member of staff would never forget to ask!) I absolutely refuse to pay this charge - what can I do? I am having real difficulties speaking to anyone with any capacity to resolve at Asda and VARS are just not responding. Any advice would be greatly appreciated.

flaneurs_lobster

Did you say "pump number 3" or some such to the cashier or were you reliant on them associating you with the refueling (which they would have had to see) some time prior to your appearance at the cash desk (having selected your "few items").

Not offering to pay for the fuel seems to me to make the mistake yours.

Someone will be along soon to insist that all such "penalty charges" are unenforceable and will recommend doing something (or nothing).

Good luck.

Vitor

You owe the cost of the fuel, but you can dispute the extra VARS charge.

Write to VARS and Asda saying you went into the shop, presented Apple Pay and reasonably believed the fuel had been included. Offer again to pay the exact fuel cost, but dispute the administration charge because the cashier failed to add it.

Keep the receipt, Apple Pay record and screenshots of your attempts to contact VARS. Complain to Asda head office and do not ignore any formal court papers.

A_Geordie

Someone will be along soon to insist that all such "penalty charges" are unenforceable and will recommend doing something (or nothing).

Absolutely right. This is the next parking charge scam.

Penalties are unenforceable, there's no legal basis to charge a penalty for not paying for fuel and I'm guessing there's no notice or any adequate notice to say that if you don't pay there will be additional charges. At best, Asda might be able to charge for a debt collection agency recovery but not £65 for sending a letter or whatever extortionate charge they're trying to apply. They almost always work on a no win no fee basis so technically there's no actual loss to Asda at this stage.

@Mammyboo You may want to write to Asda head office and send a cheque of the exact fuel amount (or round it up if you're generous) with a covering letter. If it gets cashed, end of matter. Don't worry about VARS, there is absolutely no way I can see this going all the way to court in front a judge.

UnsureAboutthis

https://forums.moneysavingexpert.com/discussion/comment/82066651#Comment_82066651

What "receipt"?

I've read the OP and can't see any mention of that

for reasons/fears like this, I always insist on a receipt where one is available. Even parking, shopping, etc.

Last year for the first time, me and my OH were light shopping and bought a diary, it was on sale - as we went into the next shop, appraoched the till with some wedding cards and paid for them. The cashier asked, "Are you paying for that." I said we boguht it from another shop and asked my OH to get the receipt out. The cashier said, "Leave it..."… but I insisted he saw it. I think it was a genuine/polite heads-up and he assumed we'd bought the dairy from their shop - always get a receipt where possible.

flaneurs_lobster

Penalties are unenforceable, there's no legal basis to charge a penalty for not paying for fuel and I'm guessing there's no notice or any adequate notice to say that if you don't pay there will be additional charges.

There's also no legal basis for you to challenge the fact that your car will be blacklisted from every petrol station within 200 miles, the pumps won't even activate.

Fair? Of course not.

sheramber

I always check The amount before I lay.

Checking the amount would have shown you the amount was too little.

Do you think you are the first person to make such a claim?

XzavierWalnut

About 2 years ago I had a similar incident, but it was some misinformation given to me by the cashier at the pump when I had a problem. This was at Sainsburys.
I complained to Sainsburys that I was willing to pay for the petrol, but not for the charge. They advised me to email VARS and explain what had happened.
Their reply was that they would contact Sainsburys and get back to me.
Next email was they had withdrawn the extra charge.

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/82066681#Comment_82066681

Is there is point you're trying to make because if you are, I'm not following.

There could be a legal basis if your car was blacklisted from all forecourts in the area. Wrongful or inaccurate processing of personal data springs to mind, as does defamation if you're alluding to the fact ASDA might share information with other forecourt owners that results in you being blacklisted. Of course, defamation is out of reach for the majority of consumers but it is still a legal basis nonetheless.

flaneurs_lobster

https://forums.moneysavingexpert.com/discussion/comment/82066722#Comment_82066722

There's no personal data being shared, let alone it being wrongfully or inaccurately processed.

Fact : Car with reg plate AB12 CDE drove off without paying for fuel. How is relaying this information to other operators (to do with as they see fit) somehow defamation?

As I'm sure you are aware, a retailer can choose to do business or not with whosoever they wish (within the laws pertaining to discrimination).

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/82066740#Comment_82066740

Vehicle registration numbers are and have been classified as information that can identify individuals, so it qualifies as personal data.

As for your fact, the example statement you've given suggests that the driver/owner of the vehicle committed an offence of MOWP (making off without payment). MOWP requires dishonesty and the intention to avoid payment. The only defence a forecourt would have is honest opinion, but that defence would fall away if the individual was clear that they had intended to pay.

You're right that retailers can choose whom they want to do business with, but that doesn't give them the right to record inaccurate information or make statements to third parties without foundation.

Edit: As an additional point, the courts have accepted that creditors who mistakenly report a negative entry on one's credit file with credit reference agencies would amount to defamation. Doing the same in regards to a criminal offence to third party forecourt owners would be no different.