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Original poster

'Detained' at petrol station for not having my bank card

491 replies

Willowcat77 · 31/07/2019 07:39

Yesterday I stopped at my local village petrol station to refuel. I was on my way to pick up my DS for an important hospital appointment. I am a regular customer as it is the only petrol station/shop in the area and always get my car MOT'd there. My DP has been a customer/friend of the owners for over 20 years.

I went to the counter to pay but then realised that I'd left my bank card at home. The shop assistants knew me by sight so I said I'm really sorry but I'll need to go home to get my card, my house is only 5 minutes down the road. The assistant told me no, I would have to phone someone to pay for me and that I was forbidden to leave the premises!

I was very taken aback, but I phoned my DP. Unfortunately he wasn't answering his phone so I had to leave a voicemail. There was nobody else I could phone in the area. I was very worried about missing the hospital appointment, so I tried to reason with the shop assistants. I explained the situation and offered to leave my phone and £20 cash as security whilst I fetched my card. My petrol bill was £39. They knew I was local and my DP and I have spent 1000s of pounds there over the years.

They refused, saying if necessary I would have to stay there all day until my DP came to pay for me. They said this was "the rule". I wanted to speak to the owner but he wasn't in. I have ASD and am easily panicked. I was getting later and later for the hospital appointment and could feel I was having a proper ASD meltdown. I was getting so distressed I couldn't even redial my DPs number any more and had to ask them to do it. Eventually, after about 20 minutes, DP unexpectedly arrived and paid for me. I still feel very upset and that I can't ever go there again out of embarrassment.

My DP has since found out they did something similar to an older lady recently who was also local and a regular customer.

Aibu to feel I was treated badly and to make a complaint to the owner today? What were my rights in this situation? Could I have left to get the money?

OP posts:
Cohle · 31/07/2019 16:04

Having used a shop a few times before doesn't oblige them to effectively extend you credit in the name of good customer service.

In any event shop assistants often don't have the authority respond flexibly and,
as many others have pointed out, they are often the ones who are expected to bear the financial consequences of OPs forgetfulness.

abitfedup · 31/07/2019 16:09

@MidnightAtTheOasis

This government website doesn’t suggest that it’s illegal to dock workers’ pay for walkaways. Heavily restricted yes, but not illegal.

www.gov.uk/understanding-your-pay/deductions-from-your-pay

--------------------------------
It does NOT say that they can dock your pay if a customer fails to pay.

That's because they CAN'T.

For being late, or going on strike, but because someone doesn't pay their bill? NO. That is NOT ALLOWED. Will people stop saying it is?! Hmm

Unless of course, anyone is stupid enough to sign an employment contract that states this can happen, which no-one in their right mind would sign.

It's classed as an "unlawful deduction of wages," and would give you the right to make a claim in an employment tribunal.

Willow2017 · 31/07/2019 16:10

Appalling way to treat a customer.
I work in a busy cafe where we have regulars and passing trade.
Any regular who forgets thier wallet/purse is trusted to come back and pay. Never had one not do so yet. And yes we have had chancers from passing trade who have walked out without paying so now everyone has to pay up front. But NO wages were docked to pay for the loss.

The staff knew op and that she was a regular customer as was her DP. No need to treat her like a common criminal and they had no right to detain her or pretend they did either. Bet they are all congratulating themselves over the state they got her into over not being able to pay and 'making' her stay.

OP I hope your dp gets satisfaction from the owner and an apology from the tellers. They need a refresher course in customer relations, company policy and the law.

Do not let them stop you going there again if its convenient for you, you did nothing wrong, we all forget things sometimes.

ysmaem · 31/07/2019 16:12

This happened to a girl I know a few months back. Didn't realise she had her bank card and they wouldn't let her leave and she had to wait for over an hour for her DH to drop by. She had young twin girls with her too. I think it's common practice.

probstimeforanewname · 31/07/2019 16:19

they wouldn't let her leave

translation: she let then intimidate them instead of telling them what was going to happen. Yeah they could run after her and scream and shout but if she has left her name and address they know where she lives and can send the police round if she doesn't come back when she promises she will.

I have never forgotten means of payment. But I can't promise there won't be an issue with my card (seems to happen with train tickets on a regular basis, perfectly valid ticket won't open barriers) and I wouldn't put up with it.

Cohle · 31/07/2019 16:26

Unless of course, anyone is stupid enough to sign an employment contract that states this can happen, which no-one in their right mind would sign.

Your empathy for employees put in this situation really shines though. If you've never been desperate for work or never lacked for comprehensive legal advice then you should be grateful for your good luck, not dismissive of those less fortunate than yourself.

NoKnit · 31/07/2019 16:32

Erm you could have walked or got a taxi home with the £20 if it is only 5 minutes away. Pretty sure you could have left if you left car keys with them?

Lweji · 31/07/2019 16:34

I work in a busy cafe where we have regulars and passing trade. Any regular who forgets thier wallet/purse is trusted to come back and pay.

Surely, tens of pounds of petrol is not the same as a few quid for a coffee and sandwich.

HugsAreMyDrugs · 31/07/2019 16:34

OP has ASD. It might not have occurred to her to leave after they told her she couldn't.

Everanewbie · 31/07/2019 16:41

Urgh what a horrible situation. Yes the OP should have had means of paying, but lay off her, I think she's beaten herself up enough over it and won't do it again.

I have a deal of sympathy for the garage. £50 to a small garage is not as small a sum as you might think, they're not all Esso etc. If they have been repeatedly burned by drive offs and their profits have taken a hit then I can appreciate their sensitivity over the OPs situation. However they have no right to detain over it. The OP probably deserved to be pressed for a relative/friend etc to stump up for her, and if all avenues were exhausted (not just dismissed if the OP felt panicked), then details should have been taken to allow OP to return and pay later. A stern lecture about small businesses are much less insulated against this kind of thing etc should have been delivered before the OP was sent on her way, IOU in hand.

Lweji · 31/07/2019 16:45

I think the OP's "mistake" was to call her DP. They realised she had someone who could go and pay (even if he didn't answer the phone at the time) and would rather have payment than let the customer go.

mintich · 31/07/2019 16:46

I've forgotten my card twice and both times I've just had to fill out a form and return the next day with the money. 1 bp garage and 1 Tesco esso

ScreamingValenta · 31/07/2019 16:56

Unless of course, anyone is stupid enough to sign an employment contract that states this can happen, which no-one in their right mind would sign.

If you're claiming benefits while unemployed, you'd lose them if you refused a job because you weren't happy with the contract (unless the contract was actually illegal, but even then you'd lose your benefits while you were proving that). Not many people these days have the luxury of being able to pick and choose their job.

highheelsandbobblehats · 31/07/2019 16:58

Christ, that's appalling. Like previous posters, I've done it. Three times unfortunately. Once because I'd left my bank card in my jeans pocket and just assumed it was in my purse, and another time because my husband had used my card and hadn't put it back and the third because I'd accidentally washed and tumble dried my card (another left in jeans incident) and so my card refused to work. Think it was the tumble that did it Confused I'm a bit of a liability with my card.

All different petrol stations, each time I had to fill in a form. One of them had a 24 return window, the others it was 7 days.

I'd be asking to speak to the owner. I hope you're okay OP x

Everanewbie · 31/07/2019 17:05

I don't think a contract is enforceable if it is against the law. I mean if a contract states that you must steal a tin of beans a week, it is unenforceable and still illegal. I'm no expert but i'd imagine that an employment tribunal would likely uphold a claim against such a contract. Whether the individual in question would be in a position to fight it is another matter.

WickedGoodDoge · 31/07/2019 17:09

Oh God, I’ve done this too. So embarrassing. Blush It was a Shell garage a five minute drive from home and fortunately they just had me fill out a form and then I nipped home for my card. I did have quite a lot in supermarket vouchers on me that I offered to leave but they said it was OK, they didn’t need anything left.

I’m glad your DP is talking to the garage owner. It sounds like it could have been handled much better.

katiedoc · 31/07/2019 17:12

They have absolutely no right to detain you.

Nothing to stop them phoning the police if you leave without paying.

But they cannot stop you from leaving.

Cohle · 31/07/2019 17:18

I don't think a contract is enforceable if it is against the law.

But an employment contract allowing deductions is perfectly legal.

Willow2017 · 31/07/2019 17:28

Surely, tens of pounds of petrol is not the same as a few quid for a coffee and sandwich.

Actually we do 3 course meals so if a family of 4 want even just 2 courses we are talking £50.

Everanewbie · 31/07/2019 17:36

Cohle I had a google of this. Shockingly, I think you are right. There are limits, as in it can't bring your pay below minimum wage, and a written agreement must be in place before the incident etc, they can't just arbitrarily do it. I am shocked by this, and unless desperate wouldn't take a job like this in a month of Sunday's. Unfortunately not everyone in is in a position to do this.

This kind of practice is why we need a functioning Labour party. Don't want to de-rail the thread too much, but its about time Corbyn and his cronies started tackling these issues, not messing about at 'free Palestine' rallies and so on.

Justaboy · 31/07/2019 18:01

I don't suppose it'll apply to the village garage but a few of the local big supermarkert ones you can now pay at pump, and I bet there'll be no option to pay at Kiosk before much longer. After all this is "lets see the colour of your money" before you take or fuel;!.

Different of course to grocies in a supermarket where it can all be put back on the shelves.

I was told by the manager of the local Waitrose that debit/credit cards get turned down around 30 times a day! at the checkouts anyone else heard that at all?.

Tolleshunt · 31/07/2019 18:06

Having used a shop a few times before doesn't oblige them to effectively extend you credit in the name of good customer service.

Perhaps they are not obliged to ‘extend credit’ (a bit of a high-falutin term for the sake of a few minutes, or even hours, I would have thought). But then, the OP, and her acquaintances are not obliged to continue giving the garage their custom. Small local businesses - which often charge more than the bigger firms - rely on the goodwill of loyal local customers. Really stupid to jeopardise that for a few quid.

Tolleshunt · 31/07/2019 18:07

For a few hours, I meant to say!

Cohle · 31/07/2019 18:21

The business is perfectly entitled to decide that deterring incidents of this nature is more important than being seen to provide good customer service.

Given it's a village petrol station I imagine OP's acquaintances will find it pretty inconvenient to actually vote with their feet.

I do think there are times when expectations of high customer service tip over in entitled behaviour tbh. If you've effectively stolen from a business I don't think your first response should be outrage that they aren't being nice enough to you about it.

StreetwiseHercules · 31/07/2019 18:39

“But an employment contract allowing deductions is perfectly legal”

No, it isn’t.