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#Post#: 105392--------------------------------------------------
Re: not paying for fuel
By: andy_foster Date: January 11, 2026, 6:59 am
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I would be interested to know the purported legal justification
for the demand.
On the face of it, it is a deterrent charge very much in the
same vein as private parking penalties issued under a
conveniently 'clarified' interpretation of contract law - the
legal basis of which is that the defendant entered into a
contract with the PPC to pay the penalty if he breached the
conditions.
Absent an appropriate offer communicated to the driver, it is
difficult to see how the clarified principles of contract law
could apply.
#Post#: 105394--------------------------------------------------
Re: not paying for fuel
By: lateman Date: January 11, 2026, 7:07 am
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in the letter they do use the word "penalty". and it also says
in big red print at the top "notice of intended
enforcement/prosecution".
I am currently having trouble uploading a photo of the letter
(When i click on the "attachments and other options" i don't
seem to have an option for adding an attachment) but I'm still
trying. can anyone advise on this too please?
#Post#: 105395--------------------------------------------------
Re: not paying for fuel
By: DWMB2 Date: January 11, 2026, 7:13 am
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Guide: Posting Images
HTML https://www.ftla.uk/announcements/posting-images/
#Post#: 105397--------------------------------------------------
Re: not paying for fuel
By: lateman Date: January 11, 2026, 7:20 am
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ok, I've uploaded a photo of the letter to a 3rd party image
hosting site.
you should be able to view it here..
HTML https://i.postimg.cc/j5jwJtwH/IMG_20260110_WA0025(1)(1).jpg
#Post#: 105398--------------------------------------------------
Re: not paying for fuel
By: DWMB2 Date: January 11, 2026, 7:31 am
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That is a legal hodge podge.
They refer to their letter as a Notice of Intended
Enforcement/Prosecution, implying a criminal prosecution may be
forthcoming.
They then refer to a "penalty fee" of £50. Elsewhere they talk
of a "penalty charge" of £145 with a £95 discount for prompt
payment.
Then they say that if you don't pay, they'll refer to a debt
collector and may instigate County Court (aka civil) action.
#Post#: 105399--------------------------------------------------
Re: not paying for fuel
By: lateman Date: January 11, 2026, 7:46 am
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yes i thought it looked a bit umm, less professional / legal
than other letters I've seen. it reminded me of the awful tv
licencing "enforcement" letters..
anyway, what do you think i should do for the best please?
#Post#: 105400--------------------------------------------------
Re: not paying for fuel
By: Southpaw82 Date: January 11, 2026, 7:56 am
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If they’re writing on behalf of Morrisons then it seems that the
debt remains due to Morrisons and not PMF. So, PMF have no legal
right to pursue anything in court.
If you think the debt is due, you could simply pay it (not the
“penalty”) and they’d be faced with somehow trying to sue you to
recover unspecified debt recovery costs for a debt you’ve
already paid.
#Post#: 105401--------------------------------------------------
Re: not paying for fuel
By: andy_foster Date: January 11, 2026, 8:02 am
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The criminal offence of making off without payment under s. 3
Theft Act 1978 requires a dishonest intent - it does not
criminalise an honest mistake.
That does not alter the fact that you failed to pay for the fuel
and owe Morissons the cost of the fuel. They would also be
entitled to recover any reasonably incurred cost of recovering
the money (but not the cost of legal representation in the small
claims court). However, it seems that they have farmed it out to
a bunch of seemingly dishonest cowboys. If they sought to
represent the £50 as some kind of nebulous 'admin fee', then
there are many that might take that at face value, but when
ostensibly seeking to recover a "penalty", they can FRO.
I have it in mind that *if* they have sold the debt, the
purchaser cannot do anything unless Morissons have written to
you to inform you of the fact. There are also restrictions on
companies buying debts and suing for recover them, although the
legislation appears to have been written in ancient Aramaic.
I would be minded to pop into that branch of Morissons next time
you are passing, and attempt to settle the debt either at the
petrol station or the customer services desk (assuming that it
is local to you). I would be further reminded to record the
attempt and [politely] demand a receipt if the attempt is
successful.
#Post#: 105402--------------------------------------------------
Re: not paying for fuel
By: lateman Date: January 11, 2026, 8:22 am
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thank you for all your replies.
the morrison's branch is indeed local to me, and i am going to
go there within the next hour to see exactly if they've passed
on the debt, and if I'm able to settle the debt.
i will post an update.
#Post#: 105410--------------------------------------------------
Re: not paying for fuel
By: The Slithy Tove Date: January 11, 2026, 10:09 am
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I would agree with Andy that the use of the word "penalty" puts
Pay My Fuel on very dodgy ground, as do threats of prosecution.
And you can't transfer a debt without both parties (Morrisons
and Pay My Fuel) contacting the alleged debtor stating this,
which they haven't. That means Pay My Fuel can take no legal
action for recovery, as it is not their debt to collect. They
also have the problem that all they know is the vehicle's
registered keeper, who is not necessarily the same person who
filled up the car and didn't pay.
Morrisons branch is unlikely to play ball, but maybe a cheque
(if you still have a cheque book) to Morrisons HO for the amount
plus a small amount to cover their costs "in full and final
settlement," giving all relevant details of course.
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