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Opinion please - Filling Station / Gardai call out

  • 10-06-2013 12:38pm
    #1
    GetInTheHole!
    Registered Users Posts: 245 ✭✭


    Supposed someone gets petrol in a filling station and pays for it along with other goods and leaves.

    The petrol station then realise that they charged the customer the wrong amount at the till and call the Gardai.

    Bearing in mind that customer still has receipt for amount paid and that the Gardai after calling around to customers house have now said that matter is between customer and filling station..

    In this case - I would have thought that responsibility and blame lies with the petrol station as their member of staff charged an incorrect amount for the goods purchased.

    Customer is now considering action against filling station for accusation of theft.

    What are your views on this?

    Thanks


Comments

  • #2
    daheff
    Registered Users, Registered Users 2 Posts: 5,908 ✭✭✭daheff


    depends what the receipt says.

    did the filling station forget to charge for something? If so its more difficult to prove this wasnt stolen (you';d need cc tv to show bringing item to cash desk)

    If they charged the wrong amount for petrol (ie 20 instead of 40) receipt would show the wrong amount...in which case customer should have notice at point of sale and possibly pointed it out. appreciate that it might have been missed if a lot was being purchased.


    Not sure that you can sue for accusation to Gardai of theft though.


  • #3
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    My view is that the customer should get over it.

    In relation to the actual incident, it would really depend on the exact circumstances. For example, if the customer filled up with €50 and they were charged only €20 it would be fairly evidence that they were charged for the wrong pump and going along with that amount would be an act of deception in my own view.


  • #4
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    While the situation may have been embarrassing for the customer, it's hard to imagine what action they might take.

    There was no public accusation of theft, no detention of the customer, nor any attention drawn to the mistake whatever.

    Although the Gardaí later arrived at the customer's home, this fact would appear to be covered by the defence of qualified privilege, based on what you have told us.

    (edit, the most common complaints in respect of false accusation of theft are defamation and false arrest, which is why I'm raising them; is there is something more creative you're thinking of?)


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