Can i take gas back fom non paying customers?

Question

my dad owns couple of gas stations and some time ppl that come there tell us "full" to fill the tank up and after we do it they say they asked for $4 and leaves w/o paying, so my dad bought a pump that can suck back the gas from the tank but he wants to know if he can do it. like is it legal or not

thanks

d

Answer 1

That's what you get for charging $3.00 for a gallon of gas.

If gas wasn't so overpriced,then you wouldn't have that problem.

Answer 2

Until you're paid for it, you own the gasoline.  Four bucks, and they only get about 1 and 1/3 gallon.  

I don't know what your father's charging people, but at home we have options to have the driver's license of people who refuse to pay for gasoline suspended.

So long as your father's defuel pump has a meter calibrated by a state regulator and with a recent (usually anual,) inspection, he'd be be well within his rights to hold someone until he could defuel them or press charges of theft of product if they refused to pay for fuel they recieved but "allegedly" didn't request.

If I ask for a pound of baby swiss at the deli, I pay for the overage of the butcher.  I asked for a pound, I get 17 ounces, I pay for the extra ounce.  Baby swiss is less expensive than gasoline right now; provided he's got his documentation in order, and equipment in order, I don't see any problem with him removing gasoline that customers refuse to pay for.

If I walk through the store, and a Snickers bar falls into the pocket of my coat, that doesn't mean the candy bar belongs to me or negate my responsibilty to pay for it.  

With the cost of gasoline these days, the easiest thing is cash up front or a form of verifying a credit card before allowing the computers to turn the pump on.

Another option is for your father to employ a mechnic's lien; which applies to services and supplies provided, meaning he can hold the car hostage, or have it towed and stored, until the customer pays the bill for services provided, towing and storage.  With a legitimate claim from your father or his employees and sufficient documetation, anyone failing to either pay, or relenquish their car against the outstanding bill, is subject to forfeiture of the automobile.

If you've got everything together, suck the fuel off, demand a credit card or pre-pay, or just call the cops and report theft if you've got the license plate.  The latter isn't the best way to recoup an investment, but your dad will get what he's paid for and it's the reason he pays taxes.

Answer 3

I don't think you could do it legally. But you would have to ask a lawyer. My recommendation is make the customer pay before you pump.That way they only get what they pay for. With the rising price of gas, you're probably going to find this happening alot more. You have my sympathy.

Answer 4

i would not try this due you are leave your self wide open for being sued by the deadbeat due to the fact he can just as easily the gas is his plus the car is his so he can claim you messed it up and sue you for that..

plus you can resell the gas legally it is used now by law

if all else fails call around at to a law firm or a law school and ask "just to know"

Answer 5

I've seen lots of hometown sort of places that were "pump first", but I've almost never seen them on a main highway that mostly serves travelers.  For that very reason, I'm sure. Like the provocatively dressed lady on the side of the road says, "get the money up front".    Get the fancy pumps if you can, that auto-stop at a preset point.

At the least, have your pumpers have a policy of asking twice. Listen, get their answer, then come back with "Sorry sir, I didn't catch what you said.  Five dollars?"  That makes them specifically say, again, "No, I said fill it up."   They're unlikely to pull the trick at that point, and if they do, have the cops take them to jail.  In many states, you lose your drivers license for stealing gas!

Answer 6

I believe it is legal. Your gas is considered inventory for your father. If someone takes that without paying, they are liable for it. Make them pay first. If its customer service you are worried about, you can still be nice without seeming like you don't trust anyone. and trust me, if it was anybody else, they would do it too.

Answer 7

I work in the gasoline business and I have a question:  What kind of pumps do you have that can't control the amount of product dispensed?  If someone walks in and asks for $4, you set the limit at $4 and when it's reached, the pump turns off.  If you're not requiring prepayment, you're crazy.

If someone fails to pay for the gasoline you've pumped, call the police.  Don't pump it out, you're opening yourself to liability on 2 fronts.  If something should happen to the customer's car, you could be sued.  If you take the gasoline out successfully, what do you do with it?  If it's branded product, you can't drop it back in your tanks, since you've compromised the integrity of the branded product.  

The customer is responsible for paying what they pump.  Put a sign up to that effect at each pump and the register.  Indicate that failure to pay is an automatic police notice and all license plates are recorded.  Switch to pre-pay.

Answer 8

I have no clue if that is legal but why don't you just make everyone pre-pay from now on? That's what they do around here if you don't pay at the pump. Too many drive offs.