I filled my car with petrol, and bought two items of confectionery when I went to pay.
asserted
I → fill → confectionery
After checking my bank statement, it appears the attendant only charged for the confectionery, which I didn’t notice at the time.
asserted
I → check → time
I am being chased to pay for the fuel, which I am happy to do; but also a charge of about £90, which I’m refusing to pay.
asserted
I → chase → which
Dean Dunham replies: You are right to pay for the fuel and right to dig your heels in over the rest, so let me explain why your instinct is sound.
asserted
instinct → reply → rest
You took petrol and haven’t paid for it, so morally and legally you owe that money.
asserted
you → take → money
The offence of making off without payment requires you to have dishonestly left knowing payment was due.
asserted
payment → make → you
A petrol station operator has fined a reader £90 after the attendant only charged them for confectionary and not fuel
You tried to pay, but the attendant’s error meant only the sweets were charged, and you didn’t realise.
asserted
you → fin → confectionary
That’s an honest mistake, so you’re correct to settle the fuel bill promptly.
asserted
you → ’ → bill
This also removes any suggestion of wrongdoing.
asserted
This → remove → wrongdoing
A petrol station is a private company, and a private company cannot issue you a fine.
asserted
company → issue → fine
Only a court of law can do that.
asserted
court → do → that
What they’re really doing is adding an administrative charge, and demanding money on top of the fuel cost.
asserted
doing → do → cost
The question is whether they’re legally entitled to levy such a charge.
asserted
they → entitle → charge
The answer lies in contract law.
asserted
answer → lie → law
A charge like this is only enforceable if you genuinely agreed to it and it reflects a reasonable, proportionate pre-estimate of the company’s actual costs.
asserted
it → agree → costs
A £90 sum bolted onto a simple forecourt error, caused partly by their attendant, looks difficult to justify.
asserted
sum → bolt → attendant
The courts are generally hostile to penalty charges that are disproportionate to the real administrative cost of recovering the money.
asserted
that → recover → money
Pay the fuel in full, immediately and in writing, making clear it was an honest mistake.
asserted
was → pay → writing
Expressly dispute the £90 as an unenforceable penalty, and invite them to justify how the figure was calculated.
asserted
figure → dispute → them
If they persist, don’t be intimidated by threatening letters.
asserted
they → persist → letters
The fuel you owe; the inflated charge you can properly challenge.
asserted
you → owe → charge
Council workers are damaging our family gravestones
Members of my family are buried in our local cemetery.
asserted
Members → damage → cemetery
Each summer, the council hires a firm to cut the grass and they damage the headstones with their machinery.
asserted
they → hire → machinery
This is upsetting and as the marble is badly chipped I face having to pay for repairs.
asserted
I → chip → repairs
The council refuses to accept liability.
asserted
council → refuse → liability
I’ve complained and sent a notice of my intent to pursue legal action, but nothing has worked.
asserted
nothing → complain → action
Dean Dunham replies: This is a particularly distressing situation for you but the council’s blanket refusal to accept liability does not reflect where the law actually stands.
asserted
law → reply → liability
The council, through the contractor it hires, owes a duty to take reasonable care when working around the headstones.
asserted
it → hire → headstones
If its machinery is repeatedly chipping and damaging your family’s memorials, that points to careless work falling below the standard reasonably expected.
asserted
that → chip → standard
Where damage is caused by such negligence, the responsible party is liable to put it right or pay for the repairs.
asserted
party → cause → repairs
An organisation that engages a firm to carry out work on its land generally remains responsible for ensuring that work is done with reasonable care.
asserted
work → engage → care
So ‘it wasn’t us, it was the grass-cutting firm’ is not the defence the council may think it is.
uncertain
it → think → ?
Although the cemetery land belongs to the council, the headstone remains the property of your family.
asserted
headstone → belong → family
That means the damage is to your property, and you have a direct right to claim for its repair.
uncertain
you → mean → repair
Gather your evidence: dated photographs of the damage, ideally showing it worsening each summer after the cutting, plus quotes from a stonemason for the repair cost.
asserted
it → gather → cost
Put a formal claim in writing, holding the council liable in negligence and requesting reimbursement.
uncertain
council → put → reimbursement
If they continue to refuse, this is a straightforward matter for the small claims court, which is designed for exactly this kind of modest, well-evidenced claim.
uncertain
which → continue → claim
No solicitor is needed.
asserted
solicitor → need → ?
If you take out a product This is Money may earn a commission.
uncertain
This → take → commission
These deals are chosen by our editorial team, as we think they are worth highlighting.
asserted
they → choose → team
…and 2 more, not listed.
The Aporia
