Fuel “drive-offs”, where motorists leave forecourts without paying, happen at a Dublin filling station every day, a judge has been told in a case in which a van courier successfully sued Circle K for defamation of character, winning €10,000 in damages.
Judge Mary O’Malley Costello heard some drivers return to pay their bill when they realise they have made an error, some are never seen again, while others return to pay only when the gardaí are notified and visit or contact them.
Barrister Kevin D’Arcy, counsel for courier Paul Brooks, of Palmerstown Lawns, Palmerstown, Dublin 20, said his client only realised he did not have his wallet with him after he had poured €20 of diesel into his van.
Mr D’Arcy, who appeared in the Circuit Civil Court with Mackay Solicitors, said his client had not driven off but had gone into Circle K filling station beside Glasnevin Cemetery on the Finglas Road, Dublin, in May 2020 and told the sales assistant of his dilemma.
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He told her he had forgotten his wallet and would ring his mother so she could pay for the diesel by giving her card details over the phone. Mr Brooks was told Circle K was not set up to take an over-the-phone payment.
He told the court he had made an arrangement with the sales lady whereby his mother would call to the filling station the following day and pay for the fuel, which she had done. While he was confident he had such an understanding with Circle K, the sales lady had told the court that Mr Brooks had been told the debt had to be paid that day.
Mr Brooks said that a month later he had been embarrassed to hear in a phone call from his sister that gardaí had called to his home inquiring about him and telling his sister and his mother of a fuel drive-off by him. He said his neighbours had seen the gardaí pulling up at his home and making inquiries.
Mr Brooks sued Circle K of Circle K House, Beech Hill, Clonskeagh Dublin 4, for defamation of character. His mother had called and paid for the fuel the day after the incident.
Judge O’Malley Costello said she found Mr Brooks and his mother and sister, and the Circle K sales lady, to have been honest witnesses. She said it was clearly accepted in its defence by Circle K that the fuel had been paid for on the following day.
Somehow the gardaí had not acted on a report until July 9th and had attended at Mr Brooks’s home, causing him the difficulties he had complained of in his defamation proceedings. She awarded him €10,000 damages and Circuit Court costs against Circle K.
A member of Circle K staff had told Judge O’Malley Costello that drive-offs were an everyday occurrence at the filling station.
