Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: zunaster on February 13, 2025, 04:34:06 pm

Title: Re: Leasing Company (Tesla) Paid PCN Without Notifying Me – What Are My Options?
Post by: b789 on February 19, 2025, 01:28:54 am

You don’t sign a formal letter “Best regards”. You should point out there is a big difference between a fine and a PCN, which is simply a speculative invoice from an unregulated parking company.

Here is a slightly adjusted version you can use or adapt:

Quote

Subject: Formal Complaint – Unauthorised Payment of a Private Parking Charge

Dear Tesla Customer Support,

I am writing to formally dispute Tesla’s unauthorised payment of a private parking charge notice (PCN) on my behalf without prior notification or consent. This action has deprived me of the opportunity to appeal the charge and has resulted in an unfair financial loss.

At the outset, I must stress that a PCN is not a fine. It is a speculative invoice issued by an unregulated private parking company, and it has no statutory authority. By paying this charge outright, Tesla has effectively accepted liability on my behalf without my authorisation, which is wholly unacceptable.

Grounds for Dispute

1. No Authorisation to Pay PCNs on My Behalf

Clause 3.8 of the lease agreement states that I, as the hirer, am responsible for paying fines. However, a private parking charge is not a fine. Nowhere in the agreement does it grant Tesla the authority to pay speculative invoices from private parking operators without first informing me or obtaining my consent.

2. Failure to Transfer Liability

Instead of paying the PCN outright, Tesla should have followed the standard industry practice of nominating me as the hirer, thereby allowing me to appeal or dispute the charge if necessary. Tesla’s failure to follow due process has denied me this right and caused financial detriment.

3. Breach of Consumer Rights Act 2015 – Failure to Provide Services as Described

If Tesla asserts the right to unilaterally pay PCNs without prior consent, this constitutes a fundamental change to the contract that was neither disclosed nor agreed upon. This practice is in breach of Section 50 of the Consumer Rights Act 2015, which mandates that services must be provided as described.

4. Unjust Enrichment Through Administration Fee

By paying the PCN without my consent and subsequently adding an administration fee of £10, Tesla has imposed an unfair and unjustifiable charge for a service I neither requested nor agreed to. This constitutes unjust enrichment, as Tesla has financially benefited from an action that has caused me financial loss.

Action Taken & Future Expectations

As Tesla’s unilateral payment of the PCN was both unauthorised and unfair, I have cancelled my direct debit to prevent further unauthorised deductions.
I will reinstate payments via standing order, ensuring my lease fees are paid in full while preventing Tesla from imposing additional unauthorised charges.
Request to Switch to Standing Order for Lease Payments

Please confirm the following:

• The correct bank details and payment reference to use for my monthly payments.
• That no penalties or late fees will be applied due to this payment method change, as payments will continue to be made on time.

Resolution Required

I expect Tesla to:

• Fully refund the PCN amount and the unjust administration fee.
• Confirm in writing that Tesla will not make unauthorised payments for PCNs in the future.

This matter is urgent, and I expect a formal response within 7 days. If I do not receive a satisfactory resolution, I will escalate this complaint to the Financial Ombudsman Service and explore legal action under the Consumer Rights Act 2015.

I look forward to your prompt response.

Yours faithfully,

[Your Name]
[Your Contact Details]
[Your Lease Reference Number]

Title: Re: Leasing Company (Tesla) Paid PCN Without Notifying Me – What Are My Options?
Post by: zunaster on February 18, 2025, 09:28:28 pm

Thank you. I have not made the £70 payment as I cancelled my direct debit before it was due on 11 March. Instead, I will be setting up a standing order to maintain control over my payments. 

Could you please review my complaint letter to Tesla?

Dear Tesla Customer Support,

I am writing to formally dispute the unauthorised payment of a PCN by Tesla on my behalf without prior notification or consent. I have reviewed my lease agreement and I believe Tesla’s actions are in breach of the contract terms.

Grounds for Dispute Based on Contract Terms:
1. No Authorisation to pay PCNs on my behalf

Clause 3.8 of the lease agreement states that I, as the hirer, am responsible for paying fines.
Nowhere in the agreement does it state that Tesla has the authority to pay PCNs directly without first informing me.

2. Failure to transfer liability
Instead of paying the PCN outright, Tesla should have transferred liability to me, allowing me to dispute the charge if necessary. This failure to follow standard procedure has resulted in an unfair financial loss.

3.Failure to provide services as described
If Tesla claims it has the right to pay PCNs without prior consent, this is a fundamental change to the contract that was not clearly disclosed. This violates Section 50 of the Consumer Rights Act 2015, which states that services must be provided as described.

4. Unjust enrichment through administration fee
By paying the PCN without my consent and adding a £10 administration fee, Tesla has profited from an act that financially harmed me.
This constitutes unjust enrichment, as the additional charge was imposed for a service I neither requested nor consented to.

Action taken & future expectations:
- Since Tesla’s unilateral payment of the PCN was both unauthorised and unfair, I have cancelled my direct debit to prevent any unauthorised deductions.
- I will now reinstate payments via standing order to cover my lease fees in full while ensuring that Tesla cannot impose additional charges without my explicit consent.

Request to switch to standing order for Lease payments
Please confirm:
The correct bank details and reference to use for my monthly payments.
That no penalties or late fees will be applied due to this change, as payments will continue to be made on time.
This matter is urgent, and I expect a response within 7 days before I escalate this matter to the Financial Ombudsman Service and explore legal action under the Consumer Rights Act 2015.

I look forward to your prompt response and confirmation.

Best regards,

Title: Re: Leasing Company (Tesla) Paid PCN Without Notifying Me – What Are My Options?
Post by: b789 on February 14, 2025, 01:00:06 am

So, Tesla sent you a copy of the Notice to Keeper (NtK). All Tesla had to do was transfer liability to you, the Hirer, in accordance with PoFA and that would have been the end of the matter as far as they were concerned.

Had they done that, they would have been absolved of any liability and MET would have been obliged to send you a Notice to Hirer (NtH). There are very specific rule in PoFA about transferring liability from the Keeper to the Hirer.

However, upon reviewing the NtK, MET have breached their own Approved Operator Scheme (AOS) Code of Practice (CoP). Section 8.4.3 states:

Quote

Parking operators must provide a process for rental and leasing companies
to transfer liability.

There is no mention on how the Keeper can transfer liability to the Hirer if the vehicle is leased/hired on contract.

So, you’ve been scammed by MET and Tesla. Sue them.

Title: Re: Leasing Company (Tesla) Paid PCN Without Notifying Me – What Are My Options?
Post by: zunaster on February 13, 2025, 08:57:31 pm

Thanks for taking time to respond.

I have edited my post, the money has yet to leave my bank account on 11 March. It was just by luck that I found I came across the direct debit on Tesla app.

In my formal complaint I can also will that the PCN says that “The driver of the above vehicle is liable for a parking charge in the above amount which, at the date of this notice, remains unpaid in full”

I had similar issue before but money had been taken off and I won the dispute via my bank.

Title: Re: Unauthorised Parking "Fine" charge from Leasing Company
Post by: b789 on February 13, 2025, 08:28:47 pm

Your only recourse is to sue the lease company, Tesla, under the Consumer Rights Act 2015.

This is no longer a private parking charge issue. Your issue is with Tesla.

As the Hirer you can argue the following points in a formal complaint before a Letter of Claim (LoC) to Tesla:

1. Breach of Contract – Unfair Terms (Consumer Rights Act 2015, Section 62 & Schedule 2)

• Tesla’s unilateral payment of the PCN without consulting the Hirer is unfair.
• Any term allowing Tesla to do this without giving the Hirer a chance to appeal is likely unfair and unenforceable.

2. Failure to Exercise Reasonable Care and Skill (Consumer Rights Act 2015, Section 49)

[/indent]• Tesla should have transferred liability to the Hirer rather than paying outright.
• Failing to do so deprived the Hirer of their right to challenge the charge.[/indent]

3. Unjust Enrichment

• By charging an admin fee on top of the PCN, Tesla profited from an act that financially harmed the Hirer without justification.
• This amounts to unjust enrichment, and the Hirer is entitled to a refund.

4. Failure to Provide Services as Described (Consumer Rights Act 2015, Section 50)

• If the lease agreement did not clearly state that Tesla would pay PCNs rather than transfer liability, then their actions are a breach of contract.

5. Demand a Refund

• The Hirer demands a full refund of the PCN charge and admin fee.
• Future PCNs should be transferred to the Hirer, not paid by Tesla, unless explicitly authorised.

Title: Leasing Company (Tesla) Paid PCN Without Notifying Me – What Are My Options?
Post by: zunaster on February 13, 2025, 04:34:06 pm

I recently discovered that my leasing company, Tesla, paid a PCN on my behalf without notifying me beforehand. Nearly 2 months after the incident, I found out that Tesla had already paid the £60 fine and added a £10 admin fee, and will be deducting a total of £70 from my upcoming direct debit for the lease.

Upon contacting Tesla, they sent me a copy of the PCN, which was issued in error by my gym. Had I been notified earlier, I could have had it cancelled, as my car was correctly registered for long stay parking.

I’ve checked my lease agreement, which states that driver is responsible for paying fines (Clause 3.8). However, Tesla’s unilateral payment prevented me from appealing the charge, and they are going to deduct the amount from my bank account. There is no clear provision in the lease agreement giving them the authority to make such payments automatically without first informing me.

Given the circumstances, what are my options? Can I challenge Tesla’s decision to pay the PCN and deduct the amount from my account without my authorisation? Is there a way to recover the amount, considering I would have had the ticket cancelled had I been given the opportunity?

I have attached a copy of the PCN for reference.

The lease T&Cs are below:
1.1 We are hiring and you are taking on hire, for the hire period which commences on the date you take delivery of the Vehicle (including each item of equipment and all renewals and replacements of the Vehicle, and additions to it) on these Terms and on the terms on the front page of this Agreement
1.2 We will own the Vehicle and will retain ownership of it even though you are in possession of it.
1.3 At the end of the hire period, you will return the Vehicle to us on the following conditions, and you must:
1.3.1 have paid all sums due under this Agreement, including any Excess Mileage Charges.
1.3.2 either return the Vehicle to the address specified by us, or arrange for it to be collected from you, on or before the end of the hire period; and
1.3.3 return the Vehicle in good and serviceable repair, as set out in clause 3.2.
1.4 Upon the return of the Vehicle, we will:
1.4.1 assess the condition of the Vehicle and, if it is not in good and serviceable repair, inform you of our reasonable estimate of the costs necessary to return it to that condition and we may then invoice you for those costs.
1.4.2 compare the recorded mileage of the Vehicle with the contract mileage and advise you of any payable Excess Mileage Charges shown overleaf.
1.4.3 if we have collected the Vehicle from you, we will advise you of the costs incurred in collecting it and you may be liable for these costs.
1.5 Your obligations under the Agreement will remain outstanding until all sums owed to us have been paid.
2. Rentals
2.1 You will pay the Rentals, including any VAT or other similar tax which is payable at the times shown on the front page of this Agreement.
2.2 You will pay the Advance Payment shown on the front page of this Agreement on or before the date that the Initial Rental is due.
2.3 Payment of all amounts payable under this Agreement on the due dates (specified on the front page of this Agreement) is an essential term of this Agreement. All Rentals must be made by Direct Debit from a bank or building society account and you must complete a Direct Debit instruction authorising your bank or building society to accept debits from us for varying amounts to enable the Rentals to be paid. Here is the exact copy of the provided clauses:
2.4 If you have a pending invoice and you make a Repayment that is more than the Monthly Payment amount stated in the Agreement and the amount of the pending invoice, any excess amount paid will be automatically applied to your next Repayment.
2.5 We shall not refund you any overpaid sums back unless exceptional circumstances apply.
2.6 we reserve the right to refuse to act upon an instruction to refund overpayments and may defer acting thereon or seek further information with respect to your payment instruction.
2.7 You shall notify us of the wish to receive a refund of any payments made in excess of a Repayment before the date of your next billing period, failing which we shall not return the funds unless exceptional circumstances apply.
2.8 Any refunds shall be returned back to the original bank account or card from which the payment was originally made.
2.9 Punctual payment is essential, and you shall be deemed to have repudiated this Agreement if you fail to pay any sum specified in a notice of default served on you in compliance with the Consumer Credit Act 1974.
2.10 Any interest payable on amounts of unpaid Rentals under this Agreement will be payable before and after any judgment made against you at the rate of 4.9%. We will not charge interest on top of the interest which is applied to any amount of unpaid Rentals."
3. Your Obligations
You Shall:
3.1 keep the Vehicle at all times in your possession or control and on demand inform us of the whereabouts of the Vehicle.
3.2 at your own expense keep and maintain the Vehicle in good and serviceable repair and condition. Good and serviceable repair means good condition excluding any fair wear and tear as defined by the British Vehicle Rental and Leasing Association from time to time;
3.3 ensure that, where applicable, the Vehicle has a valid Ministry of Transport (MOT) test certificate;
3.4 use the Vehicle wholly or mainly for private purpose and not in the course of a business;
3.5 be absolutely responsible for any loss, damage, depreciation as a result of such damage, theft or destruction of the Vehicle or any part thereof;
3.6 permit us or our agents at all reasonable times to inspect and test the condition of the Vehicle;
3.7 not sell, pledge, charge, assign, sub-let, hire, allow a lien to be created or otherwise dispose of the Vehicle;
3.8 promptly pay all fees, duties, charges, fines, taxes, and other outgoings payable in respect of the Vehicle and your use of it. For the avoidance of doubt, this includes speeding fines and parking tickets;
3.9 pay to us on demand all expenses and costs incurred by us as a direct result of your failure to comply with the terms of this Agreement. This includes costs and expenses arising where we enforce our rights under this Agreement, including those set out at 7.3 below; and
3.10 you will reimburse us for all loss, costs and expenses incurred by us as a result of your failure to comply with your obligations under clause 3.2 above and which arise out of a third-party claim.
3.11 not leave the country in possession of your Vehicle for a period of more than 30 consecutive days without requesting consent from us and receiving that consent in writing. 
4. Insurance
4.1 Once you are in possession of the Vehicle you will be responsible for any loss of or damage to the Vehicle which subsequently occurs, except where this is caused by a defect in the Vehicle.
4.2 You shall at your expense effect and maintain a comprehensive insurance policy with a reputable insurer to cover the Vehicle for its full replacement value and such insurance shall cover such risks as are usually covered for the types of use for which the Vehicle is being used and such further risks as we reasonably require. You shall notify the insurers of our interest in the Vehicle and produce to us on demand, evidence of such insurance and the payment of premiums. You shall maintain that insurance policy for as long as this Agreement remains in force.
4.3 If there is any shortfall between the amount we recover from the Insurers and the loss, cost and/or expense we incur then you shall pay the amount of the shortfall to us upon demand.
5. Late Payment and Default Charges 
5.1 You shall pay to us interest on any overdue Rentals or other sums due to us from their due date until the date of payment at the Interest Rate shown at 2.7 above, such interest to accrue from day to day.
5.2 Any interest payable under this Agreement will be payable after, as well as before, any judgment made against you.
 5.3 We will not charge interest on any default sums until the 29th day after we notify you that they are payable. We wilililil not charge interest on the interest which is applied to default sums.
5.4 We may contact you via SMS, email, post, or any other contact details which you have supplied us in case of default.
 5.5 We may prevent you from accessing additional services offered by Tesla in respect of the Vehicle, such as Supercharging or warranty related work. until you have cleared your arrears in case of serious default. We may also access the Vehicle’s location in the event that you are in default, and we terminate the Agreement.
5.6 You shall reimburse us for our loss, costs and/or expenses that we incur as a direct consequence of your failure to fulfil your obligations under this Agreement including where we enforce this Agreement against you and/or for an event as described in clause
5.7 Our current default charges are set out below and we may vary or add to the charges by notice to you to reflect changes in our overhead costs or direct costs we are required to pay to others, to take account of inflation or regulatory requirement changes. The specific charges which we may make are: Late payment charge: £12; Unpaid cheque/direct debit: £12; Administration fee £10
6. Return of the Vehicle
Upon the expiration or termination of this Agreement pursuant to clause 6 you shall either return the Vehicle (including all keys, remote devices and alarm/immobilisation codes) to a location determined by us, or make it available for collection by us (in which case you will be responsible for our collection costs) and return to us all licence certificates and other documents relating to the Vehicle (including the V5C Registration Document and MOT certificate). The Vehicle including any goods and/or personal belongings in and/or on the Vehicle must be returned in good repair and condition.

7. Termination by us
If any of the following events occur:
7.1 if you fail to pay any Rental or other sum due under the Agreement on the due date, or otherwise shall be in breach of your obligations under this Agreement; or
7.2 if any of the information given by you when applying for this Agreement is materially false; or
7.3 if you become bankrupt or are unable to pay your debts or if an interim order in bankruptcy is presented or made, or you become apparently insolvent; or
7.4 serious default which shall amount to a termination of the Agreement by us and may result in the collection of the Vehicle, or
7.5 you die; or
7.6 if a proposal for a voluntary arrangement relating to you is presented or made; or
7.7 you are convicted of an offence involving dishonesty or any other offence deemed prejudicial to us; or
7.8 where you breach a term of this Agreement which can be remedied, and you do not remedy the breach within the period specified in a default or similar notice that we serve on you.
  7.8.1 then we may, on or after the date specified in any notice served in compliance with the Consumer Credit Act 1974, terminate this Agreement, upon which you shall no longer be in possession of the Vehicle with our consent, and we shall be entitled to retake possession of the Vehicle and take steps to enforce this Agreement against you.
8. Payment by customer on termination
If this Agreement shall terminate by reason of your repudiation, accepted by us, or if we end this Agreement under Clause 7 above, you shall pay to us promptly on our demand:
8.1 all arrears of Rentals (apportioned as necessary), interest and other sums due to us at the date of termination.
8.2 the cost of all repairs required to put the Vehicle into good serviceable repair and condition.
8.3 all reasonable costs incurred by us in repossessing, storing, insuring, and selling the Vehicle including any litigation costs and charges and delivering it to a buyer, and in collecting outstanding payments from you. Where we are required to instruct a debt collection agent, we may seek to recover the cost of instructing the debt collection agency from you.
8.4 damages for any breach of this Agreement committed by you prior to termination; and
8.5 as compensation and/or liquidated damages for your failure to comply with the terms of this Agreement, the total of the outstanding rentals under the Agreement, less (a) the net proceeds of the sale of the Vehicle, that is after deducting the costs and expenses (including VAT) of tracing, repossession, insurance and sale and (b) a discount of 4% per annum on Rentals paid before the date on which they were originally due.
9. Exclusion of our Liability
9.1 We exclude liability for any loss you suffer as result of any delay in delivery of the Vehicle. The delivery to you is our best estimate only. We will notify you of delivery within 2 days of the delivery date. You must inspect the Vehicle on delivery and ensure it is of satisfactory quality before accepting it.
9.2 Except to the extent set out in applicable law, we are not liable for any loss you may incur arising out of this Agreement. This exclusion of liability is explained to you under the exclusions and limitations of the Tesla New Vehicle Limited Warranty or the Tesla Used & Extended Used Vehicle Limited Warranty. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee. This limitation of liability clause shall not apply in cases of wilful misconduct, wilful deception, or gross negligence on our part or in cases of death or personal injury.
10. Cancellation
10.1 Once you have signed this Agreement, you have a right to cancel it for any reason before the end of the cancellation period. The cancellation period begins on the day the Agreement is entered into and ends 14 days after the day the Agreement is entered into.
10.2 You may cancel this Agreement within the cancellation period stated in clause 9.1 by giving notice to our Financial Services Team using one of the following methods:
10.2.1 emailing TFSSupport@tesla.com; or
10.2.2 sending the form provided by post to 185 Ashton New Rd, Manchester, M11 3DX;
10.2.3 calling us and leaving us a voicemail on 01628 244000.
10.3 If you take delivery prior to the expiry of the 14-day cancellation period, by taking delivery of the Vehicle you expressly consent to commence the hire of the Vehicle before the end of the cancellation period.
10.4 If you cancel this Agreement, you must pay us Rental payments pro-rated from the day these first became payable under this Agreement until the day the Vehicle is returned to us. You must pay us without delay and, in any event, no later than 30 days after giving notice of cancelation. You can pay us by direct credit or bank transfer to the account that we confirm with you.
10.5 If you have paid any amounts in excess of the pro-rated Rental payments due, we shall return any surplus to you.
10.6 You are required to return the Vehicle to us in satisfactory and saleable condition.
10.7 We may make a deduction from monies due to be returned to you for loss in value of the Vehicle supplied if the loss is the result of unsatisfactory handling by you.
10.8 We may charge you our reasonable costs incurred for the return and/or collection of the Vehicle.
11. Vehicle Warranty 
11.1 The only warranties on the Vehicle are the Tesla New Vehicle Limited Warranty (which is separate from this lease and states any coverage limits) and a warranty that the vehicle conforms to the description in this Agreement. These warranties are provided to us by the Vehicle’s manufacturer, and we assign our rights under these warranties to you during the term of this Agreement. You agree to have received, read, and understood the Tesla New Vehicle Limited Warranty or the Tesla Used & Extended Used Vehicle Limited Warranty, as applicable, from our website.
12. General
12.1 We shall be entitled to assign or transfer all or any of our rights and/or duties under this agreement at any time to another person without your consent and without giving you prior notice. This will not affect or reduce any rights or protections you may have under this Agreement. You shall not be entitled to assign or transfer any of your rights and duties under this Agreement.
12.2 We may communicate with you by phone, email, post, or SMS using the contact details you have provided us with. If you change your email address, then immediately you must give notice of your new email address.
12.3 Any notice, demand, or statement to be given to you shall be validly given if delivered, sent by email, or sent by post to or left at your address as stated in this Agreement or at your present or last-known address. Any notice will be effective 72 hours after posting if sent by prepaid letter post, at the time of delivery if delivered by hand and in the case of email.
12.4 Except as otherwise agreed or as required by applicable law, rule, or regulation, we may share your personal information with certain of our service providers and/or group companies so that they may process and service your account as required. Further, we do not disclose personal information to non-affiliated third parties, except as required by law or as permitted by law.
12.5 Our Privacy Policy; Payment Terms for Services; Supercharger Fair Use Policy; and Return Policy are each incorporated into this Agreement and can be viewed at www.tesla.com/en_GB/about/legal,and the Return Policy, which can be viewed at www.tesla.com/en_GB/support?Tesla-return-policy.
12.6 More information about the types of products and services we offer, and any financial assistance available can be viewed on the FAQs on our website.
12.7 You agree to have received and read the Owner’s Manual from the manufacturer’s website for your Vehicle, as applicable. The Owner’s Manual is also accessible via your Vehicle’s touchscreen. The Owner’s Manual explains the operation of your Vehicle including applicable options, features, and hardware. The Owner’s Manual may be updated and revised as new features for your Vehicle are introduced by the manufacturer.
12.8 If any provision or part of this Agreement is found to be legally invalid or unenforceable, this shall not affect the remaining provisions which shall remain in full force and effect.
12.9 No relaxation of the terms of this Agreement or indulgence extended to you shall prejudice or act as a waiver of our strict rights
12.10 We can make reasonable and appropriate changes to this Agreement whilst it is in force, including to reflect changes in law, regulation, industry guidance, or a decision of the Financial Ombudsman Service. We may also make changes if it becomes impossible or impracticable, in our opinion, to carry out any of the terms of this Agreement as a result of a change in the law or regulation or circumstances beyond our control or if any changes are not to your detriment, including to correct any errors or inaccuracies. Where we do make such changes, we will notify you by email. Minor changes or changes not to your detriment will not require notification.
 12.11 This Agreement will be governed by the law of England and Wales unless you live in Scotland or Northern Ireland, in which case this Agreement will be governed by the laws of Scotland or Northern Ireland respectively; any court case will be heard in the country where you are domiciled in the UK, being England and Wales, Scotland or Northern Ireland.
12.12 Our complaint handling process is available at: https://www.tesla.com/en_gb/support/finance-agreement-issues
 12.13 If you have a complaint about this Agreement which you are unable to resolve with us then you have a right to refer it to the Financial Ombudsman Service unless you enter into this Agreement in the course of your business (when you may have a right to do so) by writing to them at Exchange Tower, Harbour Exchange, London, E14 9SR, or via https://www.financial- ombudsman.org.uk.
12.14 We are authorised and supervised by the Financial Conduct Authority (“FCA”), 12 Endeavour Square, London E20 1JN. Our FCA registration number is 697480 and our company registration number is 09533203.



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