Anyone with any experience in civil admin fees and whether they are enforceable please?!
im so sorry this is long.
TLDR - can a civil recovery firm enforce an admin fee.
this week have received an email via my lease company from Forecourt Eye saying I failed to pay for petrol back in January.
They have included CCTV images, it certainly looks like my car but reg can’t be seen properly and I’m stood by the pump but not actually with nozzle in car as it were (the image could be me but it could also easily not be me - it’s very grainy). There is also cctv of me in the garage at the desk. So I was definitely there that day, it’s my regular garage.
Have checked my bank, no transactions at the garage that day. The petrol cost was apparently £23.60 or something random, this seems odd to me as I would never fill up a random amount and rarely fill up less than a full tank although appreciate it was January and I may have done a smaller amount just to get to pay day. But surely not £23? It’d be 20!
Apparently the assistant asked if I had fuel and I said no.
They’ve sold the debt to forecourt eye who now want paying for the fuel and want to charge me 60£ admin fee of course (it will go up if I don’t pay soon).
I am currently even questioning the petrol charge, I am willing to agree it probably was my petrol but because of the amount I am inclined to think I’ve topped up £20 petrol then bought a drink or some bread / milk (wouldn’t be unusual as it’s a coop shop) then I’ve gone to pay and my contactless has not gone through and I’ve walked out before cashier has realised. So a genuine mistake / one of those things. Absolutely would not have said “no” especially as it’s likely I had bread / milk / sweets?
Or of course maybe I paid in cash? It was 5 mths ago, I have no idea.
Either way I am willing, I suppose to pay the petrol even though the cctv does not show me lifting the nozzle or filling the car (appreciate they may have other images).
I use the garage a lot for sending / collecting parcels, you can see in the image I’ve got a parcel on the desk. So there’s the added element maybe the cashier got in a muddle.
either way it is a mistake somewhere between me and the cashier. I don’t think it can be proven I said “no” when they asked me. Unless they have audio cctv?
sorry - long winded.
So I am willing to pay the petrol but I’m not paying £60 or whatever they wish to increase it by.
is this enforceable?
does anyone know the legal position because I’ve been Googling all evening and some forums say ignore - totally unenforceable as a civil issue and some just say suck it up and pay.
I have been to the garage but all details have been passed to head office, I will call them tomorrow and offer to pay them but I do imagine they can’t take payment because debt has been sold.
As an aside I looked at my banking app and I have tens of debits from them over the last 3 years, probably 30/40 times. I can prove I am a regular loyal customer. I don’t see how this could constitute theft under the definition anyway. I was in the sodding shop at the desk!