Right Pump, wrong Fuel

[Domster62]

Here's a good one. My partners son filled his car up to the brim at our local BP Garage and then experienced problems in that his car would not start. He had filled up with BP Ultimate Unleaded or so he thought.

 

Turns out it was diesel in the tanks @ the garage. We had to call out the RAC, get another company to empty the tank, drive to the next garage to get enough fuel to allow him to continue his journey and of course spent nearly 4 hours of our Sunday evening dealing with the problem.

 

BP have confirmed by email that it was their error - we have asked them to provide this admission of liability in writing which they have promised to do.

 

We are looking at our options and have had good legal advice so far:

 

Breach of contract under the Sale of Goods Act

Claim in negligence or for breach of the Consumer Protection Act 1987

 

Just in case anyone else has encountered the same problem I thought I would post this. I will let the forum know of our progress in this matter. Has anyone on the forum ever encountered the same problem?

[sailor sam]

Interesting post. You seem to have matters in hand and I take it BP are agreeing to cover all your costs?

[Domster62]

The process of extracting suitable compensation is in hand - it made the local papers courtesy of the guy from Wrong Fuel Solutions getting in touch with them, he got several good quotes and a bit of free publicity for his service, he helped us out big time so pleased for him. Will be posting updates as they become available.

[Domster62]

Update - BP have admitted liability and passed the claim on to their insurers. Given the circumstances and their admission of liability we are considering court action as they are dragging their heels in settling the claim.

[Domster62]

Latest news, the agents acting on behalf of BP have offered to refund all our costs and have offered £50.00 as compensation. Given the nuisance this incident has caused us and the fact that BP have admitted liability we intend to pursue them for breach of contract under the Sale of Goods Act, for negligence and for breach of the Consumer Protection Act 1987 for supplying a defective product.

[sailor sam]

Personally, i would of expected at least another naught on their compensation 'offer'. I take it you will be writing and telling them what figure you have in mind?

[Domster62]

BP's agents have eventually come back with an enhanced offer of £100.00 compensation - I hope to have some legal advice on whether this is acceptable shortly and will update this posting when I have more news.

[Conniff]

You will never get a definitive amount unless there has been an indentical claim which would give an indication of a monetary amount you could hope to get.

 

You could take the £100 but might get more in court or you could turn down the £100 and be awarded less in court.

[Domster62]

Update, we finally agreed on £150.00 compensation and covering full costs incurred. Thanks to all CAGers who contributed their experience and wisdom to this thread