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Falsely accused of theft by a petrol station

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  • Falsely accused of theft by a petrol station

    Hi everyone, I have just joined this forum, looking for some advice.

    In September I went to fill up my car at a local supermarket petrol station, I pulled up to the pump but no fuel would be dispensed - there was an announcement over the tannoy asking me to come into the kiosk - I was called up to the tills and the staff member stated that I had driven off without paying on a previous occasion and therefore they were refusing to authorise the pump. This was of course fairly embarassing and the staff member made no effort to be quiet or discreet, at least a dozen people in the queue would have heard what he said.

    They gave me an email address to contact to find out what happened, it took a couple of weeks to get a response and they told me I had driven off without paying in March and gave some spiel about how they had just changed over to a new system and thats why I was able to buy fuel in their other branches, I took another vehicle to the same fuel station afterwards and had no issue buying fuel - it was clearly linked to the car and not me, so they hadn't obtained info on other vehicles i own from the DVLA.

    I provided a bank statement and receipt to prove that I had infact paid for the fuel in March and they then removed the registration from their system, inbetween the accusaiton & the email conversation I made an effort to contact multiple stores I had visited to try and find out who had recorded my registation as a "drive off".

    I then spoke to the corporate team and made a complaint, the gist of the conversation was "we'll probably look into it, sorry you feel this way, we'll give you a £20 voucher and might send you a letter telling you how sorry we are that you feel this way". I refuted and put in a SAR for the CCTV footage of the interaction with the staff member and whether the police had been informed of what happened. They finally admitted that they had made an error and I argued that had I paid cash & not obtained a receipt, I could have found myself in some serious legal trouble. I have the CCTV footage and all the emails as well as recorded phone calls with customer service & the corporate team.

    I then asked for some more appropriate compensation (I didn't state a figure) and an apology from either the staff member or the store manager, they tripled their offer to a £60 voucher but no apology.

    My question is - is this a reasonable response from the supermarket? I feel that I'm being fobbed off and I view it as a false accusation of theft, not a staff mix up. This has caused me a lot of stress & anxiety as well as being a huge time sink getting to this point, they stated that they won't offer me anything further (I haven't accepted or declined their offer yet).

    What's the best course of action? Should I just take the voucher? Am I blowing it all out of proportion or do i have a legal case? Can I sue / would it be worth it?

    Thank you for taking the time to read my post, I will take onboard any advice I am offered.
    Tags: None

  • #2
    I would accept the offer, if you are unable to get it increased.

    Can you sue? Probably not: you would have to prove that the defamation has caused you "serious damage". Would it be worth it? I think it likely that if you do sue, after it is all over you would probably be thinking it wasn't worth it.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Defamation is an inherently expensive court action. Take the money and run.

      Comment


      • #4
        A similar situation ten days called into a S/Brys put in just enough fuel to get us home, the Garage was very very busy, My wife has Dementia and so I gave her my card to go and pay for the fuel, (here is where we differ)she went into the kiosk and paid also purchasing a pack of cigarettes, she comes back to the car hands me the receipt and card off we go nearly home she says can you stop and get me some cigarettes, so next day I check the Bank payments she had bought cigarettes at the service stn. on principle, I go back and ask what happened and was told we have CCTV I will check the lady goes off comes back very quickly says "yes she walked off with them, I know the ammount of customers that she would not be able to check so fast, result from three calls to the store you guessed the answer, no reply at all.

        Comment


        • #5
          Might there be a GDPR contravention here that could justify a complaint to the Information Commissioner? I'm aware the ICO can award compensation for "distress" etc but I'm not sure if there has been a breach of the rules about processing personal info here? Car number plate? Erroneous connection to the OP?

          Comment

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