FUEL DRIVE-OFFS, WHERE motorists leave 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.

Judge Mary O’Malley Costello heard some drivers return to pay their bill when they realise they have made an error, others are never seen again while others return to pay only when the guards are notified and visit or contact them.

She awarded courier Paul Brooks the €10,000 sum after his difficulties in paying led to gardaí calling to his home.

Barrister Kevin D’Arcy, counsel for 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.

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 Finglas Road, Dublin, in May 2020 and had told the sales assistant of his dilemma.

He had told the sales woman he had forgotten his wallet and said he would ring his mother so she could pay for the diesel by giving her card details over the phone.

Brooks was told Circle K was not set up to take an over-the-phone payment.

Brooks told the court he had made an arrangement with the sales lady whereby his mother would call to the filling station on 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 Brooks had been told the debt had to be paid that day.

Brooks said that a month later he had been embarrassed to hear in a phone call from his sister that the gardaí had called to his home inquiring about him and telling his sister and his mother of a drive-off by him.

He said his neighbours had seen the gardaí pulling up at his home and making inquiries.

Brooks had sued Circle K of Circle K House, Beech Hill, Clonskeagh Dublin 4, for defamation of character, telling the court he had definitely made an arrangement with the sales person for the debt to be paid the following day.

His mother had called and paid for the fuel the day after the incident.

Judge O’Malley Costello said she had found Brooks and his mother and sister and the Circle K sales lady to have been honest witnesses.

The judge said it was clearly accepted in its defence by Circle K that the fuel had been paid for on the following day.

The gardaí had not acted on a report until 9 July and had attended at Brooks’ 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 every-day occurrence at the filling station.