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

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82074534#Comment_82074534

Well, presumably, some fairly notional administrative fee (£65 was mentioned upthread) for the effort is probably far better (and lower cost) for everyone than the retailer needing to pursue civil recovery via a full legal process. All the reasonable costs incurred by the retailer in pursuing that legal route would also fall to be recovered from the non-paying customer.

Except, the gist of this thread has taken the view that the retailer in this case seeking to recover the additional costs of the late / non-payment should not be paid and the errant customer can just pay the original amount that would have been due had the payment been made at the time and not left the site without paying.

If you can just leave without paying and then only need to pay the original amount when chased it rather disincentivises actually paying when you should.

Money_Grabber13579

https://forums.moneysavingexpert.com/discussion/comment/82074572#Comment_82074572

This would also be my view. Whilst it might have become habit for petrol station attendants to ask if any fuel has been taken, I think the responsibility should be on the customer to volunteer their pump number. If that then fails, then the responsibility passes to the petrol station.

Why is it we think that petrol stations have a responsibility to ask if any fuel has been taken? It might be good practice and perhaps does prevent some losses, but should supermarkets start asking if people have anything else in their bags or pockets that they’d like to pay for?

flaneurs_lobster

https://forums.moneysavingexpert.com/discussion/comment/82073624#Comment_82073624

https://forums.moneysavingexpert.com/discussion/comment/82074534#Comment_82074534

Isn't that what they are doing (via a sub-contractor)?

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/82074587#Comment_82074587

And in this case, the customer appears to have forgotten to offer the pump number as well as the cashier not asking (or asking and the customer not answering). The customer had noticed, however, that the cashier was distracted which seems to make it more requisite on the customer to check the amount when tapping to pay (actually I would to be sure of not being over-charged).

The customer kept the receipt showing the pack of biscuits and the drink purchased but even checking the receipt once home did not prompt the customer to resolve the under-payment. Then, presumably, days or weeks later when the retailer made contact, the customer just wanted to pay the original charge and none of the extra costs that will have been incurred in tracing the non-payer.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82074594#Comment_82074594

No they are seeking to impose a penalty which is prohibited in consumer contracts.

Such penalties have been legitimised in private parking and look how that has turned out, the CMA is now investigating whether it is fair people received PCNs for queuing to buy petrol.

If ASDA wish to claim the £2.50 (I think) the DVLA charge for data and the cost of a stamp for sending a letter I assume they can, should they wish to file through the court then the fees and some limited expenses, such as travel, are awarded.

Flip the coin, if my TV from ASDA breaks down after 7 months and I have find someone to inspected and mess about I can't levy them with £100 (not sure if OP has said what the charge is, one of the petrol stations round here says £100, another says £200).

Equally when I'm overcharged or sold out of date food from a supermarket I can't charge them £100 for their mistake.

"presumably, some fairly notional administrative fee (£65 was mentioned upthread) for the effort is probably far better (and lower cost) for everyone"

I think it's only better for VARS, no one else.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82074485#Comment_82074485

While the police won't collect the funds if it went to court, then the judge will order the amount & costs to be payed. Which is then a enforcable debt.

LightFlare

One important detail is that untill/unless the OP identifies themselves as the culprit/driver, all the info anyone has is that of the registered keeper of the vehicle

As far as I recall, there is no mechanism to hold the registered keeper responsible/accountable or even to force them to identify said person

Registered keeper should make available a cheque for the fuel amount as fulll and final payment (take pictures of it and get proof or postage).

If they decide to cash it or not - that’s firmly on them

QrizB

where is the money saving here?

Not paying VARS money they're not entitled to.

Other than OP failing to pay for fuel?

Which we all agree OP needs to pay for.

There are threads on this forum back to at least 2021 re. VARS and this attempt to charge a penalty. In all the threads I've looked at, the OP is advised to pay for the fuel but not to pay VARS add-ons.