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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:
namechangedasscared · 01/08/2019 21:13

To the multiple people who didn’t bother reading the thread and asking why she didn’t walk home, she did confirm that it was a 5 minute drive, therefore much further to walk. Given that the time in the petrol station was making her late for the hospital appointment she couldn’t have walked their and back in time!
This happened to my friend years ago. She was at a petrol station about 30 miles from home and had her step kids (both under 10) in the car. Filled up, went to pay and found her card missing from her wallet. The garage would only let her leave if she left behind one of the children to ensure she came back. Understandably she was shocked and didn’t want to do it but they weren’t going to let her leave. Luckily the older of the kids told her he’d be ok and didn’t mind - but it still meant an extra 60 miles for her as she couldn’t just pay over the phone that way. I still remember her being really upset that evening about what she could have or should have done. Neither of us have ever used that garage again (it was somewhere we both went regularly) because of that incident. Forcing someone to leave a young child behind as collateral is illegal and makes you wonder what might have been their reason for wanting to do it.

Anyway, I hope you get an apology from the owner - absolutely no need to have treated you in that way, especially given that you offered to leave cash to cover half of it and your phone which would be worth a hell of a lot more! You did not commute a crime here at all. In fact, when I studied law I read about a case where someone filled up with fuel, fully intending to pay, walked halfway across the forecourt and suddenly decided they weren’t going to pay and just drove off! They got away with it because the prosecution couldn’t prove that they didn’t intend to pay at the time of putting the fuel in, and once it is in you become the owner. It’s a complicated law and for this reason I believe it has been updated since I studied - but absolutely no crime is committed if you intended to pay and would have come back with your payment after speaking to them.

WhenZogateSuperworm · 01/08/2019 21:17

I did this once, but at a petrol station near my work 30 miles from home. I had to collect DS from childminders so was in a rush and they just took my car registration and details and I signed a form to say I would return within 24 hours to pay for the fuel. I went the following morning on my way to work and sorted it.

It was a supermarket petrol station and they were very understanding and said it happens a lot!

goingtotown · 01/08/2019 21:20

NO MEANS TO PAY
Supermarket Petrol Station guidelines

Customer signs the completed non payment form that states they’ll make payment within 7 days.

If fuel remains unpaid your information will be forwarded to police as this is now theft.

OR The petrol station may decide to pass the information to Civil Recovery (Bailiffs) who will add additional costs of at least £400.

Motherontheedge1 · 01/08/2019 21:32

Happened to me at a station on the A1 that I’d never been to before. They gave me a form to fill in. I had to ring a number to pay and there was an extra charge on top. Ridiculous the way you’ve been treated. It is not a criminal offence to take petrol without the means to pay unless you intend not pay at all in which case it’s theft. You clearly didn’t intend to steal the petrol. They have no right to stop you leaving that is wrongful arrest and you could sue (civil matter). If they didn’t believe you intended to pay they should have called the police. They would have looked idiots. You should have called the police when they wouldn’t let you leave. Easy for me to say. I’ve just asked my ex policeman husband or I wouldn’t have known either. That’s the trouble. Public don’t know their rights and garage staff think they have rights they don’t actually have.

pamperramper · 01/08/2019 21:38

So if you'd left they would have called the police?

angelfacecuti75 · 01/08/2019 21:47

I heard a man having an argument with lady at my local petrol station and he was saying he couldn't pay and could he fill I a form . They said they couldn't do this anymore. Perhaps they've stopped it. I always check I've got my card before I do it. I've got the opposite problem. I have adhd and part of it is losing stuff but I've got a degree etc.I have an awful habit of shoving money and cards lose in my bag so I am always trying to find it before I do something . I think it's a bit poo though if they knew you.

Motherontheedge1 · 01/08/2019 21:48

Wouldn’t have mattered if they had. Once the police heard the details it would have been clear there was no intention to steal so she would have been given the opportunity to pay and no crime committed. Pity they weren’t they might have set the garage staff straight.

Alfiesmom74 · 01/08/2019 21:49

Why couldn’t you have left the car and walked back to your house? Technically your not taking the petrol with you.

Willow2017 · 01/08/2019 21:51

Sophe

What a ridiculous nasty post
.

They.have absolutely no.right to detain anyone never mind manhandled her.
Op had a perfectly acceptable method of paying and they were just on.a power trip.

Considering the owner was a friend of 20 years did they think.she was going to diddle him out of money?

As it was so local, 5 mins walk from your house, why didn't you lick your car give them the keys and then walk home to get your card

It's 5 mins by car not walking They.told op.she couldn't leave and as she was already stressed and on her way to.a hosp appoint she didn't question it.

Juliasrutherfor · 01/08/2019 22:02

I’ve done that before at a garage I didn’t often go to...i was working for the police at the time (police staff) and said I would leave my Police ID and my purse...they let me go and get it but only after I practically begged. I think if you went in a lot,recognise your face etc they could have used their indiscretion,I’m sorry you had such a bad experience 😓

MammaBot211 · 01/08/2019 22:04

The Petrol Station was not wrong. All they see is a customer who filled up but could not pay. The same process would be the same in any shop, having ASD is not an excuse.

Jellybubbamama0987 · 01/08/2019 22:28

I’ve been that petrol cashier and it’s something we were bound by, they had the right to take the money from our wages if it appeared we had too many drive offs. It’s crappy and I hated having to do it but it was my job on the line, same with restricted sales, I may recognise you but you’re not worth my job for so we have to do it. It’s not exactly a criminal offence but they would have to make a civil claim to recoup the money if you weren’t honest and believe me even the ones who feel like family screw you over. I’m sorry that under your circumstances you feel upset but you’re not worth it.

YourWinter · 01/08/2019 22:44

I haven't RTFT but I was caught out in April at a Tesco filling station. I had my phone and fully expected to use Apple Pay for my £49 tank of fuel. I work on the checkout in a different supermarket, and I use Apple Pay most of the time for all my shopping, supermarket, farm shop, diesel... but Tesco are (or were, in April) the dinosaurs that still impose(d) a £30 limit for Apple Pay, the same as using a card for contactless payment. They refused to split the transaction into £20 and £29 (though in my supermarket we happily allow customers to split payment between multiple cards, eg if a group of friends are shopping, or part cash and part card). I was given a pink form detailing my failure to pay, and I had seven days to return with payment before the police would be informed of my non-payment.

Years ago I stopped at a BP station 30 miles from home, I'd left my bag in the hall and it was before such wonders as Apple Pay. I wasn't allowed to remove my car from the forecourt, and fortunately my son was home and was able to bring my bag to the garage for me.

My belief that Tesco are the lowest of low is confirmed, the excuse that they didn't take Apple Pay for more than £30 ("because all the tills in the country would have to be updated") is pitiful for such a large retailer, and I will not shop there again... but the treatment the OP had from the staff at her local filling station was absolutely shameful. I hope the manager makes a goodwill gesture in light of her family's long association with them.

4legsandawaggytail · 01/08/2019 23:05

I would complain anyway. There is such a thing as common sense for a regular customer especially if you had proof of address and your phone on you which would have been worth more than the petrol. We all make mistakes. With how long it takes to get a hospital appointment here I think they could have been more reasonable. I would complain in the nicest way so it raises awareness to the owner of how staff treat it's regular customers in exceptional circumstances. They had your registration number, which could easily been used to track you should down, should you turn out to be a deceitful wretch and not return to pay the bill. YANBU.

NannyOggsStripedSocks · 01/08/2019 23:09

Keep yer hair on @namechangedasscared, a 5 min drive is a 10 min walk. Bloody hell she wasn't in the wilds, and yes the garage attendants were maybe being biscuit ersed but I bet they would have lost their jobs if they let her drive off without paying.

grannieali · 01/08/2019 23:39

A local garage is one thing, but suppose you were on a motorway? I found to my horror on a very long journey that my card was mislaid. Fortunately I had just enough cash to pay but remained hungry for the next few hours. In any case I would have had nobody to phone.

Kate0902900908 · 01/08/2019 23:41

You have been treated very badly, what a disgrace to a loyal customer.

  1. Write a letter explaining what happened to the manager/owner.
  2. Shop else where
  3. Await the apology from the owner.

My friend has a business similar though not the same and if she had staff who treated customers this way she would never let it happen again!

CBsDad · 01/08/2019 23:56

Oscarsdaddy I don't think it's 'theft pure and simple'. They knew who the OP was, where she lived and realistically knew she had every intention of paying in the next 5 minutes.

Happyspud · 02/08/2019 00:14

To say it’s ‘theft pure and simple’ shows a remarkable lack of critical thinking.

Densol999 · 02/08/2019 00:23

Oh for gods sake
I cant even be bothered to read much of the previous replies
OP
They have absolutely no right to detain you
Only a police officer can
Its only a crime if you intend " to make off without payment "
That requires dishonestly, not forgetfulness regardless of what stupid signs are put all over the pumps
Id have given my details and an assurance I would pay within 24 hours and then left to go about my business
Thats it

If this was me, Id do a massive complaint as its disgusting

lou2411 · 02/08/2019 00:29

If this was me, I would not have tolerated that treatment, I would have called the non emergency Police line and told them you are being held against your will and being caused immeasurable anxiety. I am sure they would have advised the petrol assistant to allow you to continue to your hospital appointment and come back to pay after filling in a details form. Some of these petrol station staff are just rude, Oh I do wish I was there :/ hugs

lou2411 · 02/08/2019 00:46

Namechangedasscared, I cannot believe your friend left her young stepchild with total strangers 30 miles away.... no way would I leave my child/stepchild as payment security for anyone. I would have 'not so politely' told them where to stick it and called the Police to report this.

TimeWastingButFun · 02/08/2019 01:35

That's extreme behaviour on their part. My husband left his wallet at home after refilling at a Co-op garage and they were really nice about it - asked him to fill out a form, he came home for his wallet, they had a joke about it and that was that. Are they even allowed to detain you??

HeronLanyon · 02/08/2019 01:36

I would have called the police myself and reported them. Absolutely to right to detain you.
Criminal barrister here.
You had not committed any offence - you were neither dishonest nor intending not to pay - no bilking.

HeronLanyon · 02/08/2019 01:37

‘Absolutely no right to detain’ that should have read.