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

TELLIT01

Did the OP not check the amount showing due on the card machine? Or did they just think they might get away with an error made by the cashier?

Mammyboo

I didn’t check the amount - just hit the Apple Pay. I also bought a pack of biscuits and a drink. I have the receipt of the amount. I am an honest person so it’s a bit offensive to suggest otherwise. I work in a hospital near to the petrol station and was on my way there. I was annoyed at the cashier barely acknowledging me when I was being served - she was talking to someone over my shoulder.

Mammyboo

I’m not trying to get away with anything. I would rather give the money away than pay this charge. It’s the principle of it

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82066674#Comment_82066674

I assume they taking the argument of legitimate interest from the Parkingeye case and applying it to not paying for fuel in the hope that either, people will just pay it or if it ever went to a high court these charges would also be legitimised.

Obviously private parking tickets are a big thing with many helpful people on MSE and other places giving good advice, no idea if there is such a forum out there advising on these charges or whether the third party companies doing this for fuel actually follow through and take people to court?

sheenas

https://forums.moneysavingexpert.com/discussion/6675972/unfair-asda-petrol-drive-away-charge-from-vars-cashier-error-and-asda-refuse-to-help

I am not sure what your issue is. You have confirmed that you left the petrol station without paying for it.
No you are in happy that you have been asked to pay with an additional charge for administration?

The fact the attendant made a mistake is no defence and at some point you must have know that you had not paid.

Im sure your aware that it’s a criminal offence and as a NHS worker that could have an impact on your employment.

Curiosity2017

https://forums.moneysavingexpert.com/discussion/comment/82066774#Comment_82066774

You've kept mentioning about the cashier as if it's their fault but surely that would have then made it rather obvious they might not have been paying attention so would have given you ample hints to double check what you were paying?

It seems strange you didn't then all of a sudden it's the cashiers fault with umpteen signs the amount might not have been right but you didn't check.

The problem is here a third party may well think you just assumed the cashier would know exactly what pump you came from or know you planned to purchase petrol (not everyone does) went to the counter to pay, didn't mention your pump because you assumed you'd be charged for the reasons above and left without checking. Then when the notice came though decided it was the cashiers fault.

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/82066776#Comment_82066776

That is what they are trying to achieve as another money making scheme, same parties involved. There's a stark difference between parking cases where the Supreme Court accepted that the parking charge has a legitimate purpose of ensuring the free flow of cars parking, to not overstay their allotted time and managing the car park and the OP's case.

Here, companies like VARs are being employed as either debt collectors or as security for the prevention of crime and use civil recovery procedures to recover that loss. There was a County court case known as the Oxford test case (A Retailer v Ms B & Ms K 2012) which involved a retailer and a company called Retail Loss Prevention who acted on behalf of the retailer to recover what were known as security fees or staff management time related to the alleged theft. The court tossed it out and confirmed longstanding case law that if they are already employed to do the job, you can't recover additional fees unless staff have deviated from their original job that they were employed to do.

Put simply, if VARS is employed by ASDA to detect and prevent crime using ANPR or whatever methods they use, then they can't charge this so called penalty fee or whatever way they have described it. If they're acting as a debt collector, it's up to ASDA to prove actual losses and I repeat what I said before that if it's on a no win no fee basis, there is no loss.

What's next, you mistakenly forgot to scan something in the shop at the self service till and now you're being given a charge of £60 for failing to pay at the time? Ridiculous.

ThumbRemote

https://forums.moneysavingexpert.com/discussion/comment/82066784#Comment_82066784

Oh don't talk rubbish. Please explain how you think it's a "criminal offence".

user1977

Im sure your aware that it’s a criminal offence

Nonsense. You still need mens rea, you can't accidentally commit theft (leaving aside the fact that the police are hardly likely to get involved).

sheenas

https://forums.moneysavingexpert.com/discussion/comment/82066913#Comment_82066913

what is nonsense. Why is petrol exempt from “making off without payment" under the Theft Act 1978.