Petrol station couldn't take payment - legal Q
Discussion
Filled up as usual today, got to the till and their card machine had just broken - tried 2 cards, and after 20 mins of hanging about they had to admit failure that they couldn't take payment, I said to give me a call when the machine was fixed as I'd be passing a few hours later and I'd pop in and pay.
So they phoned, I popped in, staff now had no knowledge about it and couldn't/wouldn't take a payment and couldn't get a manager on the phone to find out what to do. So I suggested they phone me later and take payment over the phone, or send me an invoice and I'll pay it - the reason being I live nowhere near this petrol station (several hours drive) and won't be making half a day's round trip to fix their mistakes. At this point they get really shirty saying I must come back and make payment in person, to which I counter with "I'm here now, take payment" - and they suggest if I don't come back at a time of their choosing they will call the police if not paid after 7 days.
So where do I stand legally? Happy to pay, just not to go in person to do so. Can they insist? Would the police be interested (given this is surely a civil matter given I had tried several times to pay and am willing to do so - just not in the manner they demand)?
So they phoned, I popped in, staff now had no knowledge about it and couldn't/wouldn't take a payment and couldn't get a manager on the phone to find out what to do. So I suggested they phone me later and take payment over the phone, or send me an invoice and I'll pay it - the reason being I live nowhere near this petrol station (several hours drive) and won't be making half a day's round trip to fix their mistakes. At this point they get really shirty saying I must come back and make payment in person, to which I counter with "I'm here now, take payment" - and they suggest if I don't come back at a time of their choosing they will call the police if not paid after 7 days.
So where do I stand legally? Happy to pay, just not to go in person to do so. Can they insist? Would the police be interested (given this is surely a civil matter given I had tried several times to pay and am willing to do so - just not in the manner they demand)?
edthefed said:
Police wont be interested...no evidence of any
"dishonesty" on your part.
Civil debt...they could take you to court ot get a court judgement.
Send a recorded delivery cheque to the garage
This would be my approach, along with a letter stating the facts. One letter & cheque to garage, same letter to their office, then one letter for your records. That's more then enough coverage. "dishonesty" on your part.
Civil debt...they could take you to court ot get a court judgement.
Send a recorded delivery cheque to the garage
Had something similar a few years ago with a petrol station. They threatened to call the police, I suggested they should do so sooner rather than later and that I would wait for the police to turn up.
Their 999 call didn't go as they hoped it would and I left my business card with the garage, suggesting they should make contact to arrange payment. They never did.
Their 999 call didn't go as they hoped it would and I left my business card with the garage, suggesting they should make contact to arrange payment. They never did.
Bigends said:
As long as the OP has left contact details with the garage in order that they can bill them - then the Police wont be interested. Payment hasnt been avoided - merely deferred.
BigEnds is on the money. There would be no f
king way at all I'd be going out of my way.
I'd send a recorded letter reminding them of your willingnes to pay when they send you an invoice and that's only because I'm a big scared pusycat.
IF you're a powerfully built PH director who left your details, I'd tell them to go and fk themselves.
ETA
Breaches ROP No.15
king way at all I'd be going out of my way.I'd send a recorded letter reminding them of your willingnes to pay when they send you an invoice and that's only because I'm a big scared pusycat.
IF you're a powerfully built PH director who left your details, I'd tell them to go and f
k themselves.ETA
Breaches ROP No.15
Edited by Big Al. on Saturday 2nd March 12:58
Careful with this, I'd wait until you have your statements.
I recently paid for some take out Pizzas ordered online [maybe shouldn't say the name of the chain but it is a type of game played with six dotted tiles], 1st credit card didn't work, neither did second, so used cash in my wallet. Lo and behold, both cards debited come statement time.
Fortunately as these were for work I'd kept my cash receipt. Branch of course said "you what, none of us were working that day" but when I got in touch with Dominos UK HQ they were pretty quick to send both refunds to each card and some apology vouchers. (Annoyingly, as it was a large order for a works meeting, I'd used the 50% off orders over £100 so the actual value of the transactions was less than £100 so couldn't do charge-backs if the Pizza retailer had still proved stubborn).. Credit card advice was in these situations ask for a blank / failed receipt or a note from the retailer to say their card machine isn't working (handwritten (would be) fine (didn't mean a handwritten fine as in a fine in the law), with VAT number on) and then to ask them to send a request for payment formally at a future date outlining payment methods.
I recently paid for some take out Pizzas ordered online [maybe shouldn't say the name of the chain but it is a type of game played with six dotted tiles], 1st credit card didn't work, neither did second, so used cash in my wallet. Lo and behold, both cards debited come statement time.
Fortunately as these were for work I'd kept my cash receipt. Branch of course said "you what, none of us were working that day" but when I got in touch with Dominos UK HQ they were pretty quick to send both refunds to each card and some apology vouchers. (Annoyingly, as it was a large order for a works meeting, I'd used the 50% off orders over £100 so the actual value of the transactions was less than £100 so couldn't do charge-backs if the Pizza retailer had still proved stubborn).. Credit card advice was in these situations ask for a blank / failed receipt or a note from the retailer to say their card machine isn't working (handwritten (would be) fine (didn't mean a handwritten fine as in a fine in the law), with VAT number on) and then to ask them to send a request for payment formally at a future date outlining payment methods.
Too late now but this happened to me a few months ago when the Visa system threw a wobbly one afternoon (made the news)
I just went to the ATM (on the forecourt as luck would have it) and got some cash to settle up
Oddly, I was the only person to do this when there were half a dozen or so of us in the same position
HTH
I just went to the ATM (on the forecourt as luck would have it) and got some cash to settle up
Oddly, I was the only person to do this when there were half a dozen or so of us in the same position
HTH
drjhill said:
Too late now but this happened to me a few months ago when the Visa system threw a wobbly one afternoon (made the news)
I just went to the ATM (on the forecourt as luck would have it) and got some cash to settle up
Oddly, I was the only person to do this when there were half a dozen or so of us in the same position
HTH
I don’t think I’ve been anywhere for years where I haven’t had an Amex, a Visa, a Mastercard and Apple Pay. I just went to the ATM (on the forecourt as luck would have it) and got some cash to settle up
Oddly, I was the only person to do this when there were half a dozen or so of us in the same position
HTH
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