SA Summons to Appear in Court for Not Paying Petrol?

Discussion in 'Criminal Law Forum' started by Slash, 14 March 2018.

  1. Slash

    Slash Member

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    Looking for help.

    I was involved in a petrol drive off.

    The incident :

    I pulled into the service station, filled my car up, went into the servo, grabbed a drink, and went to the counter. The cashier asked me a question which I didn't pay much attention to and I then handed him my card where he solely processed the transaction. I left believing I had paid.

    Few days later, the police got in contact with me and told me I had not paid for fuel, paid for the drink though. I was also informed that the cashier had asked me the question if I had fuel and I nodded no.

    The officer also stated that he hadn't completed the investigation and would get in contact with me for further instructions. He never got back to me.

    I recently received a summons to appear in court for the matter. I was also told that if I had reconciled the matter it would not have taken further. I was not aware of this and in my mind the matter was still under investigation.

    I would have paid immediately if I knew.

    Does anyone have any opinions or further questions so I can understand where to go from here?

    Thanks
     
  2. Clancy

    Clancy Well-Known Member

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    Ok so it is a simple matter of miscommunication. But if that was true, I don't quite understand why the policeman would tell you he has not completed the investigation? What did you tell him in that conversation anyway?
     
  3. Adam1user

    Adam1user Well-Known Member

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    This is a long shot, but if you ask for the video showing you talking to the cashier and handing the card to him, it could prove that it was miscommunication and it is a mistake, which did not occur with intention to defraud or steal. Did he talk to you after he gave you the card? Then it could have been him informing you that there is something wrong with the card. If so, but why did he let you go without asking you to stay?

    When he talked to you before handing the card, I think it was asking you the amount? As there usually are few people who filled up and the cashier wants to confirm the amount with you, this is why you need to be more careful as you can be paying for someone else.

    I think the video is still there as the cashier most properly has passed it to police as evidence. If you had any intentions to steal, then you would have driven without entering the service station or talking to the cashier.

    Good luck.
     
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  4. Slash

    Slash Member

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    Clancy,

    He told me he was yet to view the video. After he had viewed it he said he would speak to the prosecutor and then contact me.

    I didn't tell him much because I didn't recall the incident. I said, "Maybe I stuffed up, I don't recall the incident."
     
  5. Clancy

    Clancy Well-Known Member

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    He told you he would speak to the prosecutor and then contact you? And what if the prosecutor said to the policeman "we will take it from here"? And so they did, but now where does that leave you? hmmmm
     
  6. Slash

    Slash Member

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    When I was interviewed by the police officer he stated that he hadnt completed the investigation - he hadnt viewed the footage which is evidence. I was interviewed in a incomplete investigation. There were no follow up interview, just a summons. I read his report on the footage after receiving the summons - it is definitely not incriminating, if anything it works in my favour as a case of miscommunication
     
  7. Clancy

    Clancy Well-Known Member

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    Ok, just seems like disinterest of the system. I hope you don't end up with a disinterested judge as well and end up paying a heavy price for it all! Good Luck.
     
  8. Rod

    Rod Well-Known Member
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    Going and paying for the fuel now might help your situation.
     
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  9. Slash

    Slash Member

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    Yeah I’ve done that

    One thing I’m confused about is that when I picked up the summons they said I could have reconciled the matter to avoid court. If that was the case wouldn’t they just send out an infringement notice. If that had not been paid then a summons to appear in court.
     
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