Steves Self Drive Hire
On Monday 23rd August 2010 I rented a Ford Transit Luton “Registration LX09 WEJ” from Steve’s Self Drive hire, 4 Bentalls Close, Southend-On-Sea, SS2 5PS at cost of £138 for two days hire.
On Wednesday 25th August 2010 at 07:45am I returned the vehicle with a full tank of fuel which I purchased at Waitrose (1.32 Miles) from Steve’s Self Drive at 07:21am on the same day.
The fuel gage registered as a full tank of fuel and showed a total of 386 miles remaining in the tank on the vehicles display.
Upon return the vehicle to Steve’s Self Drive hire, I handed the keys to a member of staff, who drove the vehicle to the onsite fuel pump.
I was shocked when I noticed that the employee started to put more fuel in the vehicle, by not fully inserting the pumps nozzle into the fuel tank. It took the employee about 10-15 minutes while he was slowly putting more fuel into the vehicle.
While I was waiting I witnessed the staff doing the same to all vehicles being returned by other customers.
I went into the office and I was asked to pay an additional £11.08 for extra fuel, I explained that I just put a full tank of fuel in at the local Waitrose garage (1.32 Miles away) and that I noticed his staff putting more fuel in and not fully inserting the pumps nozzle in the tank.
Steve told me, that it’s the only fair way to ensure the vehicle has a full tank of fuel by filling it to the brim.
I said that when everyone goes to put fuel any vehicle they always fully insert the pumps nozzle and that’s how I did it as I normally would put fuel in.
He would not listen and insisted I pay £11.08; I declined and said I was not paying; he took back the invoice and said ok, he will post the payment receipt in the post.
I sent a letter of complaint / dispute on 25th August 2010 setting out my dispute and stating he was not authorised to take any further payments from my debt card.
On Friday 27th August I had received a receipt from Steve’s Self Drive hire, which is a Card Payment Receipt for £11.08 at the bottom of the receipt it states Verified by Signature. However I did not sign any payment slips for £11.08
I reported this to Southend Trading Standards, and spoke to Patrick, who advised this is a criminal offence and that there were a few other hire companies in the area also doing this and it’s quite common.
Patrick from Southend Trading Standards advised me that he was going to visit Steve’s Self Drive hire today (27th August 2010) to discuss this with them and would get back to me once he returns. Patrick also advised me to report this to the Police.
I contacted Essex Police who took all the details and advised a officer would contact me shortly to discuss the problem further.
I contacted the Bank and they said there was nothing they could do, as Vehicle Rental Garages do not need my authorisation to debt my bank account.
Update – 14:10 pm 27th August 2010
Patrick from Southend Trading Standards visited Steve’s Self Drive and has informed me that they are in breach of the contract. The contract (Section 5B) states the hire agrees to pay on demand: any appropriate Excess Waiver, and any refuelling and Miscellaneous charges.
Steve From Steve’s Self Drive claims that in every vehicle there is a card which states that when refuelling, it must be upto the brim. However, this was not in the vehicle that I hired.
Patrick also said, that the contract is void, as this was not mentioned within the contract terms and conditions, it just states full tank of fuel, “it does not say fill to brim”
Trading Standards are now making Steve’s Self Drive redo all this contracts and make customers fully aware of its fuel policy and sign on the agreement to that effect.
Trading Standards had taken pictures of some signed, which Patrick will forward onto me via email and I will make it available on this blog shortly.
Patrick from Trading Standards advised me after reviewing the rental agreements and other documents, that I could take Steve’s Self Drive to court and reclaim the overcharge for fuel and other expenses occurred.
Patrick will send me a copy of the Email to Steve's Self Drive of which i will also post a copy of this on here once received.
Here is a recorded telephone conversation with Steve the owner of Steve's Self Drive Hire (Southend)
E-Mail from Southend Trading Standards to Steve's Self Drive Hire
From: Patrick Culloty [mailto:PatrickCulloty@southend.gov.uk]
Sent: 27 August 2010 15:54
To: 'steve@steves-selfdrive.com'
Subject: Trading Standards visitOur reference: 063160
Dear Mr Gale,
Following my visit today, I should like to put down in writing what was discussed.
The background of my visit was a complaint from Mr B********** who recently hired a vehicle from you and prior to return filled it with diesel. However, and this is the basis of his complaint, he found that the ordinary filling of the vehicle was not what was required by yourselves, which entailed filling the vehicle with diesel up to the “brim”.
The terms of the contract between you and the consumer, in this case Mr B********, state at clause 5(b) that the hirer is liable for “any refuelling”. Clause 1 defines “refuelling charge” as “The cost of the amount of fuel needed to fill the vehicle when it is returned to the Lessor ...”.
The attached Ford Transit Information sheet sates the following:
“We fill all vehicles on return to the brim and deduct the cost from the deposit. ... please be aware the Ford Transit will take 15 litres to brim from when the pump first cuts off.”
It appears to be the case that the consumer is contractually bound by the contract terms, that use – what I suggest would be -the ordinary sense of refuelling to mean “filling the vehicle”. The terms of the information sheet are not ones that bind the consumer unless they have been clearly brought to his attention before he agrees to the contract.
Consequently, I find it difficult to understand to see how he is bound by the terms on the information sheet.
One possible resolution to this would be to incorporate the “filling to the brim” definition into the standard contract and have the consumer countersign this requirement, as it is not reasonable to expect a person to assume that what is required of them with regard to refuelling.
Alternatively, you could disclaim any relevance of the fuel in the vehicle to the contract of hire.
Patrick Culloty
Trading Standards Officer
Southend Borough Council
Business RegulationCivic Centre
Victoria Avenue
Southend-on-Sea
SS2 6ERTel: 01702 215098
Fax: 01702 215051
patrickculloty@southend.gov.uk
patrickculloty@southend.gcsx.gov.uk
Email Sent to Steve Gale of Steves Self Drive Hire
From: Dave *****************
Sent: 27 August 2010 17:05
To: 'steve@steves-selfdrive.com'
Cc: 'info@steves-selfdrive.com'; 'Patrick Culloty'
Subject: Trading Standards visitDear Mr Gale
Following the advice of Patrick Culloty from Southend Trading Standards, see below email.
Please find attached Letter Before Action which now gives you 7 days notice of my intention of filing a county court claim against you.
I will however accept a refund of £11.08 within 7 days which will see this matter to an end.
If however a refund is not received then I will continue with the prompt recovery of the balance owed by way of a county court claim.
I wait your response,
Regards
[Update - Tuesday 31st August 2010]
Mr Steve Gale the owner of Steve’s Self Drive Hire of Southend-On-Sea seems to be ignoring my correspondence and I am now drafting the particulars of claim ready to be served at court at the of this week.
Having spoken to Essex Police regarding the matter, to discuss if any offences had been committed, The Officer I spoke to seemed quite angry about the situation and said “Why don’t they increase the rental feels instead of doing this, and went on to saying that the same thing had happened to her farther. The Police are going to be calling me back with further Information / instructions.
I have written to Trading Standards as it would appear that Mr Gale was not displaying his full name on all invoices, websites, and at his place of work that is of course the legal requirement to display the proprietors “Owners” Information.
-----Original Message-----
From: Patrick Culloty [mailto:PatrickCulloty@southend.gov.uk]
Sent: 31 August 2010 09:32
To: Dave ******
Subject: Trading Standards visit [Virus Control Checked]
Hi Dave,
You are quite right about the requirement to display business ownership, and I shall tell the trader that he must rectify this.
The trader is called Stephen Gale, and he is the sole proprietor.
Patrick Culloty
Trading Standards Officer
Southend Borough Council
Business Regulation
Civic Centre
Victoria Avenue
Southend-on-Sea
SS2 6ER
Tel: 01702 215098
Fax: 01702 215051
Developments of this case will be posted / updated here as and when I have more information. If anyone else has experienced problems with Steve’s Self Drive hire, please post a comment here.
If anyone needs to serve court claims againts this company the full address for service is
Mr Stephen Gale
Steve's Self Drive Hire
Unit 4, Bentalls Close
Southend-on-Sea
SS2 5PS
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