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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Hoppinggreen · 31/07/2019 07:56

Also, a friend of mine had The Police arrive one evening as she had apparently driven off from a petrol station without paying.
She had put the fuel in , gone in and bought some sweets and paid by card without checking the amount and hadn’t been charged for the fuel.
She was mortified and when she explained and showed her receipt the Police were fine and just told her to go back and pay (which she did next morning).
I’m sure that while people DO drive off there are genuine mistakes too

DramaRamaLlama · 31/07/2019 07:57

Well they can't lawfully detain you so you'd have been within your rights to simply leave.

@lastqueenofscotland I didn't know that, do you know under which Act?

Mintjulia · 31/07/2019 07:58

I expect if you had left without paying, they would have called the police, so asking you to wait was the better option.

Not great service though.

JacquesHammer · 31/07/2019 07:58

I’d be interested to know if they really do that to all people in your situation.

Or whether it’s like the train guards around here, who power play with “easy” targets.

Hope you’re ok OP.

Delamalama · 31/07/2019 07:58

I had this at local garage but because they knew me they let go home to get some money. Also happened to me at a Morrisons (they didn't know me) they let me leave my handbag and purse with ID in to go and get some money.
They were arses and I personally wouldn't go there again!

AuntieStella · 31/07/2019 07:58

Lots of places have zero tolerance policies

Is this garage part of a chain? Because of can't really ask staff to risk their jobs (for they would be sacked for gross misconduct for breaching a policy like this)

I feel the same on the threads which how ridiculous some incidents of age -ID in shops can be, defying common-sense. But the consensus there too is that policy must be followed to the letter, and t's unreasonable to expect other people to risk their jobs.

Pinkout · 31/07/2019 07:59

Sometimes common sense must prevail. They know who you are, you go in there all of the time so of course you’re not suddenly randomly going to drive off without paying. Also, why would you go into the kiosk with the intention of paying at all? You’d literally just drive off if you didn’t want to pay. They’re absolute idiots, I wouldn’t go there again.

Handsoffmysweets · 31/07/2019 08:00

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

MrsBertBibby · 31/07/2019 08:00

I did this recently, they were lovely, I just filled in a form and went back later to pay.

I had a real horror a while back when my PIN just vanished out of my head. That was awful. I think my other half did a phone payment that time.

TheFatberg · 31/07/2019 08:00

Get Google or Apple Pay on your phone just in case.

Handsoffmysweets · 31/07/2019 08:00

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

tigerlily111 · 31/07/2019 08:00

I have forgotten my bank card before and just left my name and address and paid later. It is only a offence if you leave the premises intending to permanently deprive them of payment, clearly if you have left your name and address you can prove that is not the case.
If he has told you you cannot leave, I would hazard he has made a (wrongful) Citizens arrest and you might be entitled to compensation. I would seek advice

StreetwiseHercules · 31/07/2019 08:01

“Fuelling your car without checking you have a means to pay before hand is a criminal offence. ”

No it fucking isn’t! 😂

Why make stuff like this up?

All that was required was that you fill in a form agreeing to return and pay.

SeaEagle21 · 31/07/2019 08:01

It sounds harsh ! I didn't have my card once ( and I wasn't a local either). They just said that if I left my driver's license with them, I could pay within 24 hours. I drove on to work , then went home and got my card, and returned to pay for the fuel. .

Venger · 31/07/2019 08:01

A lot of places though, if they feel the staff member was at fault, will deduct the unpaid fuel from their wages and staff can be sacked if its happening too often so you can see why some members of staff are reluctant to give any sort of leeway when they're gambling with their wages/job on people being honest enough to return.

orangeshoebox · 31/07/2019 08:02

I've forgotten my card earlier this year.
the garage accepted an online payment there and then. would that have been an option?

clottedcreamoverjam · 31/07/2019 08:02

Oh dear, I can see why the staff did it but it is so easy to leave your wallet at home Sad
I would have serous trouble too as I have no friends here, only DH.
I have my phone now set up with Apple Pay for back up
How distressing

Juells · 31/07/2019 08:02

That would be the last money I ever spent in their garage.

Shenanagins · 31/07/2019 08:03

I would speak to the owner and let them know what happened and it’s impac on you. They may have told staff the new policy but expected common sense to prevail in circumstances relating to known, regular customers and be horrified that this is not the case.

Alternatively they may just tell you that this is the rule and tough. If that’s the case they will start to lose business.

Handsoffmysweets · 31/07/2019 08:04

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

SandyY2K · 31/07/2019 08:04

I would have left and gone to get the money. They would not have been able to physically detain you.

clottedcreamoverjam · 31/07/2019 08:04

Oh and I think that since they couldn't contact the manager or come back with a solution they maybe had no right to retain you? Can people do that?

Maybe calling the police and reasoning with them would have been a good idea?
I dunno I would have panicked

T0getherindreams · 31/07/2019 08:04

.The offence is either "making off without payment, or taking the fuel knowing you dont3have the means to pay". Both are a sub section of the theft act, as in most cases you put the fuel ( appropriate the property ) into your car BEFORE payment is required. Therefore you cannot "dishonestly obtain" the fuel. Hence the sub section of the act.

The offence of theft "to dishonestly appropriate property belonging to another, with the intention of permanently depriving the other of it" has two parts, the property MUST have been dishonestly obtained, and you MUST have the intention to not return it.

Obviously you cannot dishonesty obtain petrol as you out it in your car before you pay.

In your case OP. As long as you provide your details and contact information, the matter becomes civil, not criminal. There is no reasonable prospect of proving you took the fuel KNOWING you didnt have the means to pay, and as you have provided your personal information to arrange the payment. The offence of making off without isnt completed either.

The only option the staff would have had to keep you there would be a section 24A citizens arrest. But as no criminal offence had been committed the arrest would have been unlawful.

If it happens again just provide valid ID and your vehicle registration, Tell them you will return within 24 hours and just leave. If they try to physically stop you, they WILL commit the ofdence of assault, as there is no lawful reason for them to prevent you from leaving as no criminal (inditable) offence has been committed.

wowfudge · 31/07/2019 08:05

Fuelling your car without checking you have a means to pay before hand is a criminal offence.
Bollocks. Returning to pay would mean you hadn't stolen the petrol.

I once filled my car up and found I didn't have my purse on me. I offered to leave the car and walk home for my purse, but was told that wasn't necessary. This was at a supermarket petrol station.

Bluntness100 · 31/07/2019 08:05

There is likely no point complaining as this was their procedure, as such they were doing what the owner told them to. A lot of petrol stations have major issues with drive offs so they take this policy, particularly the small ones who can't afford the losses.

The bottom line is you were at fault. It doesn't matter they know you and you know you were going to pay etc. You filled up with no method of paying. This is açtually a criminal offence. It was a mistake, but that doesn't change the fact you can't go and fill up and drive off without paying and a promise to pay.

I think uou need to accept personal responsibility and move on.