Hi everyone,
I’m looking for some advice or to hear from others who have been in a similar situation with a fuel station.
On January 11th, 2026, at 06:00 AM, I stopped at the Shell Ultra City N12 (Kimberley). I explicitly asked for "normal diesel," but the attendant accidentally filled my car with unleaded petrol. Both the attendant and the supervisor admitted fault on the spot.
Because it was early on a Sunday, the supervisor couldn't get a mechanic to drain the tank. I was 6 hours from my home in Pretoria, with a fully loaded car, my wife, and our 8-week-old baby. My insurance classified it as an "accident," meaning the car had to be towed to an accredited shop, leaving us stranded.
I spoke to the owner on the phone that morning. I explained I would rent a car from the airport to get my family home safely and send him the invoice. He told me, "Please do". I took this as a clear agreement to reimburse the cost.
Now, the owner is backpedaling, claiming he only said to send the invoice so he could "look at it". I’ve sent a Final Letter of Demand, and his response was simply that I must now "speak to his lawyers."
My logic for escalating:
1. Vicarious Liability: Under the CPA and SA Common Law, the owner is responsible for his employees' negligence.
2. Reasonableness: Renting a car to get an 8-week-old infant home on a Sunday when the station couldn't provide a repair seems like a reasonable mitigation of damages.
3. Admitted Fault: They never denied putting in the wrong fuel.
Questions:
Any insights would be greatly appreciated!
I’m looking for some advice or to hear from others who have been in a similar situation with a fuel station.
On January 11th, 2026, at 06:00 AM, I stopped at the Shell Ultra City N12 (Kimberley). I explicitly asked for "normal diesel," but the attendant accidentally filled my car with unleaded petrol. Both the attendant and the supervisor admitted fault on the spot.
Because it was early on a Sunday, the supervisor couldn't get a mechanic to drain the tank. I was 6 hours from my home in Pretoria, with a fully loaded car, my wife, and our 8-week-old baby. My insurance classified it as an "accident," meaning the car had to be towed to an accredited shop, leaving us stranded.
I spoke to the owner on the phone that morning. I explained I would rent a car from the airport to get my family home safely and send him the invoice. He told me, "Please do". I took this as a clear agreement to reimburse the cost.
Now, the owner is backpedaling, claiming he only said to send the invoice so he could "look at it". I’ve sent a Final Letter of Demand, and his response was simply that I must now "speak to his lawyers."
My logic for escalating:
1. Vicarious Liability: Under the CPA and SA Common Law, the owner is responsible for his employees' negligence.
2. Reasonableness: Renting a car to get an 8-week-old infant home on a Sunday when the station couldn't provide a repair seems like a reasonable mitigation of damages.
3. Admitted Fault: They never denied putting in the wrong fuel.
Questions:
- Has anyone successfully gone through the Motor Industry Ombudsman (MIOSA) for something like this?
- Is Small Claims Court the best next step? The amount is less than R20,000.00
- Should I be looking at any other consumer protection bodies?
Any insights would be greatly appreciated!