Free Traffic Legal Advice

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?

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.

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.

well morrisons' main store were very sympathetic and as helpful as they could be, but because they are separate from the fuel stations, i had to go speak to them.  there, the lone attendant let me use his phone to speak to the manager, who was not very helpful at all.  he first told me I'd have to pay the fine.  he also told me the police were involved (i doubted this, as i have not been contacted by the police, and the letter from Pay My Fuel was issued the day after the offence).  so i asked him for a crime number, to which he replied that i would have to see him in work tomorrow and he would give me the details.  (I'm unable to meet him due to work but he said my wife could call on my behalf), which she is going to do).

morrisons' main store customer services also gave me the main customer services phone number, and also the head office phone number, and from the fuel station i got a business card for MFG, who run the stations apparently, so I'll be calling some of those tomorrow too.

in the meantime, if anyone has any advice, what info should i be trying to obtain from any of these people, I'd be most grateful.