A motorist from Cheshire who unintentionally left a petrol station without paying for fuel is facing a demand for an additional £90 charge from the service provider, prompting questions about the legality of such fees. The driver had filled up their vehicle and purchased confectionery but noticed upon reviewing their bank statement that only the cost of the sweets was charged. While the individual is willing to pay for the petrol, they are disputing the supplementary charge, which they describe as a fine.

Legal experts emphasize that while the motorist is responsible for settling the cost of the fuel, the circumstances suggest there was no intent to evade payment. The key issue lies in the concept of "making off without payment," which under criminal law requires a person to knowingly leave without paying with dishonest intent. Since the driver attempted to pay and the attendant’s failure to charge for the petrol was an honest mistake, no criminal wrongdoing is established.

Regarding the £90 charge, it is important to note that private businesses such as petrol stations cannot impose fines—only courts have the authority to issue them. What the station has applied is an administrative fee, purportedly to cover the costs associated with recovering the unpaid fuel charge. Whether such a fee is legally enforceable depends on contract law principles, which require that any additional charge must be agreed upon by the customer and represent a reasonable estimate of the company’s actual costs.

Industry observers and legal advisors warn that a £90 fee linked to a minor error, partially caused by the station’s employee, may be viewed by courts as a disproportionate penalty rather than a legitimate cost recovery charge. This could render the fee unenforceable.

The recommended course of action for consumers in similar situations is to promptly pay the outstanding fuel cost in writing, explicitly stating the mistake was honest and inadvertent. They should also formally dispute the additional administrative charge, requesting a clear breakdown of how the amount was calculated. Should the station continue to demand the fee, consumers are advised not to be intimidated by threats of further action, as the obligation to pay only covers the actual cost of the fuel, not an inflated penalty.