VARS fine for fuel - cashier didn't charge me

Gr1pr

Have a read of this long thread below

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

Umkomaas

Send a cheque to the petrol station for the cost of the fuel. Place an ‘In full and final settlement’ line in the covering letter. That should help provide you with some cover. If cashed, anything that VARS are trying to impose will be a penalty charge, which a private entity cannot enforce.

rinovesp233

https://forums.moneysavingexpert.com/discussion/comment/82148935#Comment_82148935

Reading this kind of tells me what to do,

"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."

I'll go down this route. Thanks for this, sums it up

born_again

https://forums.moneysavingexpert.com/discussion/comment/82148916#Comment_82148916

Where are you getting a figure of 40p for admin? nat min wage is £12.71 Not forgetting stationary & postage charges.

sheenas

https://forums.moneysavingexpert.com/discussion/comment/82148916#Comment_82148916

They have come to you for resolution and I would consider it fair that they charge for the collection service. I am sure someone had to check the CCTV and till balances before they sent you the letter, so it's not just an automated letter. I further consider it's a fair amount when you consider things like parking tickets, which would cost you £60 for a PCN.

MrJenkinsEsq

https://forums.moneysavingexpert.com/discussion/comment/82150231#Comment_82150231

There is likely no contractual basis for it and security staff are already compensated for doing their job as a cost of doing business. Any genuine damages, if there are any at all, would amount to not much more than a letterhead and a stamp.

If the sign was like this, as is usual, then there is no lawful contractual basis whatsoever.

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/82150231#Comment_82150231

No private parking charge notice is £60 , they typically range from £70 to £100 , never £60

MrJenkinsEsq

https://forums.moneysavingexpert.com/discussion/comment/82148913#Comment_82148913

Petrol at a self service pump cannot be stolen because it becomes the motorist's property the moment it enters the tank. You cannot steal your own property. The crime, if one occurred, would be making off without payment. You describe realising later, that speaks to the fact it was not dishonest which in turn makes it not a crime either way. Yes the OP should pay for the fuel. No the OP should not pay fancifully dreamt up additional charges that have no basis in law.

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82150231#Comment_82150231

Recovery costs are dealt with in this case:

https://legalbeagles.info/wp-content/uploads/2017/08/ApprovedJudgment.pdf

It would be an uphill struggle to get anything from a innocent driveaway caused by the retailer's own negligence though I would say. Especially when said retailer approaches the issue by seeking to attempt unlawful amounts on top.

sheenas

https://forums.moneysavingexpert.com/discussion/comment/82150452#Comment_82150452

I don't recognise this as a test case and is there a test case?

Simply that consumer advocates argue that if a customer attempts to pay and a staff member or machine error causes that payment to fail, charging an admin fee breaches the Consumer Rights Act 2015.

Under the Act. It would be down the an individual to demostraist a reasonable attempt to pay. I don't want to comment further on the specifics of this case and anyone can decide on the merits either way.

I won't leave it to chance, I would have returned to the station after discovering the error and resolved it. That would have saved the retailer the cost of camera review & tracking service fees.