Free Traffic Legal Advice

My vehicle underwent repairs at Tesla to address pre-collection snags, and I returned the loaner vehicle on April 11th. However, on May 5th, I received an invoice from Tesla for PCNs already resolved by them. Despite returning the vehicle on April 11th, I am now faced with these PCNs. These fines were incorrectly issued within the building car garage where I reside. I had informed NPC to exempt the loaner car parked in my bay during repairs. I find this situation unacceptable. Tesla has billed me £245 for three PCNs (inclusive of administrative fees), and NPC has informed me of a fourth PCN, which Tesla is likely to bill me for soon. I would have disputed these PCNs with NPC as I was parking in my bay, and NPC was informed of the loaner vehicle prior to me parking in my building.

I will be writing to Tesla to provide me with a copy of the contract I signed at the time of collecting the loaner car. Unfortunately, I cannot speak to their financial services and can only reach them via voicemail or email. I have pending repairs with them on May 15th, and Tesla has indicated that these won't proceed until I settle the invoice.

Can you please advise me on next steps?

You should also check whether Tesla (or whoever was arranging the "loan" vehicle) is a member of the BVRLA.

The loan car agreement they still publish on their website:-

You will also be liable for any parking, speeding or other tickets or fines that may be imposed on the Vehicle by competent parties during the term of your use of the Vehicle; Tesla may refer such parties to you if necessary to enforce such tickets or fines.

It doesn't give them any right for an admin charge. I imagine they would argue a parking invoice from a private company is covered.

However, that would impinge upon your right to dispute the invoice. That could be unlawful in terms of unfair contract terms (assuming it was a loan to you as an individual not your employer or similar).

Got the loaner agreement from Tesla, it says:

• Service Loaner Vehicle Agreement Terms and Conditions

• Tesla Motors Limited (“Tesla”) is allowing the undersigned, our customer (“you” or “your”) to make temporary use of the Service Loaner Vehicle referred to above (the “Vehicle”) subject to the following terms and conditions of this loaner agreement (the “Agreement”).
• 1. Tesla is providing you with the Vehicle for your convenience and as an enhancement to your experience as a Tesla owner. For Tesla to extend this courtesy to you and other Tesla owners, Tesla asks that you return the Vehicle on the same day as you receive notice that your vehicle’s service appointment is complete. If you fail to return the Vehicle within this courtesy period, Tesla reserves the right to charge you a fee of 100 EUR (+ VAT) or the equivalent in your local currency for every 24 hours past the deadline at the exchange rate of the day the loaner is returned. Tesla may waive the
  same day return to within 24 hours return after you received notice your vehicle's service appointment is complete if your registered address with Tesla is more than 100km from the service centre. If this courtesy is abused in any way, Tesla reserves the right to deny use of a vehicle during future service visits. Subject to availability at your local service centre and to the extent allowed in your country, Tesla may also offer you a Vehicle at the applicable daily rate.
• 2. You must be aged at least 18 and have a valid driver’s licence.
• 3. You will not loan the Vehicle to any third party or allow the use of it by any third party, without the prior permission of Tesla. If such permission is granted to you by Tesla, you will procure that any such person that makes use of and/or operates the Vehicle will adhere to your obligations as set out in this Agreement (such person hereinafter an “Authorized Person”).
• 4. You will make use of the Vehicle with due care and diligence. You will, at the reasonable discretion of Tesla, not (i) operate the Vehicle outside the country in which you received it, with the exception where you have received the Vehicle as a result of Roadside Assistance under your vehicle’s warranty; (ii) operate the Vehicle in violation of any applicable laws and regulations; (iii) operate any driver assistance or other systems of the Vehicle in a manner inconsistent with the
  instructions and advisories in the Vehicle owner’s manual; (iv) engage in any race, speed test or contest other than with the explicit approval of Tesla; (v) otherwise make use of and/or operate the Vehicle in a negligent manner, which includes commercial use.
• 5. Where you receive the Vehicle in connection with Roadside Assistance, you may cross country borders within a member state of the EU/Schengen to continue your already planned travels, and/or to return the loaner to the Service Centre of origin. Member states of the EU/Schengen are Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg,
  Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Switzerland. Cross border travel between Republic of Ireland and Northern Ireland is permitted, however leaving the Island of Ireland is not permitted unless pre-authorized by Tesla. This includes requesting permission from Tesla to cross-border travel from the UK to any of the EU/Schengen member states and vice versa.
• 6. Subject to your country and local service centre, you agree that the Vehicle may be limited to a maximum speed of 140 km/h (85 mph).
• 7. You acknowledge and agree that Tesla will provide third party auto liability insurance for the Vehicle. This insurance isnot primary, which means that it will be superseded in the event of a claim by any applicable insurance that you carry. In any event, in case of any damage to the Vehicle, you will be liable for such damage up to a maximum of 2,500 EUR or the equivalent in your local currency excluding tow costs, which will be payable by you to Tesla. You will also be liable for damages in excess of this amount if these damages are a result of (i) a breach by you or any Authorized Person of
  this Agreement; or more generally; (ii) gross negligence, fraud and/or willful misconduct by you or any Authorized Person. You will also be liable for any parking, speeding, toll, ferry or other tickets including fines that may be imposed on the Vehicle by competent parties during the term of your use of the Vehicle. You agree that Tesla pays any of these tickets or fines on your behalf and passes on these costs including an additional administrative fee of 20 EUR (+ VAT) or the equivalent in your local currency to you at the exchange rate of the day the loaner is returned. In cases of violations,
  you agree that Tesla reserve the right to share your contact details with any applicable local or national law enforcement
  agencies.
• 8. Report any damages to the vehicle upon departure by taking photos and sending them through Tesla App. Report any new damages by sending pictures through Tesla App while under vehicle loan period.
• 9. You will not take the Vehicle more than 200 km (125 mi) from where you received it, and you will limit daily use to less than 320 km (200 mi). If you have received the Vehicle in connection with Roadside Assistance, you will not take the Vehicle more than 800 km (500 mi) from the Service Centre of origin, or as further agreed between you and Tesla in writing. A fee of 0.50 EUR or the equivalent in your local currency per kilometre (mile) will be charged for every kilometre (mile) driven over the daily usage limit of 320 km (200 mi). These mileage thresholds may be amended or waived at Tesla’s discretion.
• 10. You will be liable for the costs for the repair or replacement of any flat tyre during your use of the Vehicle, it being understood that you may contact Tesla to provide transportation of the Vehicle to the nearest service centre or tyre shop up to 80 km (50 mi) from your location. You are fully liable for any transportation and any related costs in case the Vehicle runs out of charge.
  
• 11. You will return the Vehicle in the same condition as you received it, fair wear and tear excepted. The Vehicle must be returned with a minimal 50% battery charge. A fee of 0.95 EUR (+ VAT) or the equivalent in your local currency will be charged for every 1% under 50% battery charge at the exchange rate of the day the loaner is returned. These charge thresholds may be amended or waived at Tesla’s discretion.
• 12. The Vehicle must include any accessory, such as the tow hook, safety kit, parcel shelf, phone charging dock, vehicle charging connectors, dashcam USB, and charging adapters.
• 13. Tesla is committed to providing a safe and clean Vehicle for our customers. You agree to keep the Vehicle clean, and not to use tobacco, vapor products, or keep pets in the Vehicle. If Tesla determines the Vehicle requires extensive cleaning because of your use, you acknowledge that Tesla may charge you a 100 EUR (+ VAT) cleaning fee or the equivalent in your local currency at the exchange rate of the day the loaner is returned.
• 14. You acknowledge and agree that the Vehicle is equipped with systems that collect data regarding the performance, usage, operation, and condition of the Vehicle (including speed and distance, battery use and charging, safety-related data and camera images, last known location, and use of driver assistance systems by you). While Tesla does not actively
  monitor your use of the Vehicle, Tesla may use this data to investigate any accident or reported issue regarding the Vehicle.
• 15. With respect to this Agreement, Tesla processes personal data in accordance with Tesla's Customer Privacy Policy inaddition to the processing activities described in this Agreement. The most recent version of Tesla's Customer Privacy
• Policy is made available on Tesla’s website: http://www.tesla.com/about/legal#privacy-statement.
  By signing electronically in the signature box below, I am agreeing to be legally bound by the Service Loaner
• Vehicle Agreement terms set out above.
• Agreed and Accepted by the Customer

• _____________________________ _____________________________

You will also be liable for any parking, speeding, toll, ferry or other tickets including fines that may be imposed on the Vehicle by competent parties during the term of your use of the Vehicle. You agree that Tesla pays any of these tickets or fines on your behalf and passes on these costs including an additional administrative fee of 20 EUR (+ VAT) or the equivalent in your local currency to you at the exchange rate of the day the loaner is returned

This would seem to be the clause that they will be seeking to rely on.

You have explicitly agreed to Tesla paying and then charging back to you in that agreement.

You agree that Tesla pays any of these tickets or fines on your behalf and passes on these costs including an additional administrative fee of 20 EUR (+ VAT) or the equivalent in your local currency to you at the exchange rate of the day the loaner is returned. In cases of violations, you agree that Tesla reserve the right to share your contact details with any applicable local or national law enforcement
agencies.

However, that is a violation of the CRA 2015 section 62 in that it is an unfair term if they take away your right to appeal the charge by just paying it without regard to your rights. That failure means that that term is not binding on you, the consumer.

Specifically CRA 62(4) "A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer."

So, you could sue Tesla for the money they have taken from you. This is quite easy to do through the county court (small claims) using MCOL. Whilst you may still be liable for those parking charges (we know nothing about how the driver became liable for them or who the PPC is), it is highly likely that you, the hirer, would never have been liable as 99.99% of all PPC issued NtHs are golden tickets which mean they are 100% winnable along as the drivers identity is never revealed.

All Tesla had to do was simply transfer liability to you, the hirer, by informing the PPC that they, the registered keeper, have hired to vehicle to you, the hirer. They didn't.

I don't quite understand how this can be. Surely, the loaner car was provided so that the owner could use it whilst their own car was being repaired. How long was this loaner car provided for. Surely the parking charges would have taken days if not up to 2 weeks to arrive at Tesla.

Are Tesla trying to hold the owner to ransom by telling them that they will not begin to do the repairs (are they warranty repairs?) until the owner first pays the bill for their error in paying the PCN in breach of the CRA?

So Tesla keep digging a deeper hole for themselves to be extricated from.

Thank you DWMB2, b789 & H C Andersen 

OP, what are your practical options?

To know what you could do we need to know how urgent and important are these repairs. If you could live with the consequence of them being delayed then pursue the matter with Tesla and NCP.

Back to NCP and the alleged breaches. Clearly, whatever you did to forestall getting a parking charge failed. So pl expand on this.

The manager of my apartment's management company will be back from her holiday on Monday and I've been informed that she will assist me in resolving the NCP tickets. I ensured to inform the management company to exempt the loaner vehicle from fines while it was parked in my bay during my car's repair. It's highly probable that my management company will handle the invoice from Tesla. If Tesla hadn't already paid for these tickets, they could have potentially been cancelled, as NCP has previously rectified similar mistakes with other residents in my building, resulting in cancelled tickets.


 

I don't quite understand how this can be. Surely, the loaner car was provided so that the owner could use it whilst their own car was being repaired. How long was this loaner car provided for. Surely the parking charges would have taken days if not up to 2 weeks to arrive at Tesla.

Are Tesla trying to hold the owner to ransom by telling them that they will not begin to do the repairs (are they warranty repairs?) until the owner first pays the bill for their error in paying the PCN in breach of the CRA?

So Tesla keep digging a deeper hole for themselves to be extricated from.

I had a loaner vehicle from 4 March to 11 April. The tickets invoice forwarded by Tesla on 4 May pertains to dates 22 March, 24 March and 11 April — all of which have been settled. However, I am uncertain if tickets for other dates were issued.

The repairs are covered under warranty. Fortunately, all concerns, primarily cosmetic (such as marks on the car chair and paintwork) were reported to Tesla upon collecting the car. Tesla is obligated to address these snags at no additional cost. While it has taken over a year to resolve 50% of my concerns, the remaining snags are scheduled to be addressed starting 15 May.

My options:
1. I'll discuss the NCP tickets with my management company on Monday (13 May). Given that they were notified before parking, I'm confident they'll understand the situation. While it's unlikely that NCP will refund the money, if necessary, the management company will need to compensate me to settle Tesla's invoice.

2. Once I ascertain my management company's decision, I intend to reach out to Tesla with the following email:

Their email to me with all PCNs on 4 May:


lighthttps://ibb.co/mT4RJzL

The PCN for 22 March, others are in the same format:




Dear Tesla Customer Service Team,

I am writing to you regarding a recent charges I received for a parking violation while I had a loaner vehicle from Tesla for warranty repairs. I would like to dispute these charges and bring to your attention some concerns regarding the terms of the loaner agreement.

Upon reviewing the loaner agreement that I signed before collecting the vehicle, I noticed a clause stating that Tesla reserves the right to pay parking fines or charges on my behalf and pass on these costs, including an additional administrative fee, to me. While I understand the intention behind this clause, I believe it may be in violation of consumer protection laws, specifically the Consumer Rights Act 2015.

Under Section 62 of the CRA 2015, a term in a contract is considered unfair if it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer. The clause in question may be deemed unfair as it potentially takes away my right to appeal the parking charge by allowing Tesla to pay it without consulting me or considering my rights.

I want to emphasize that while I acknowledge my responsibility for any legitimate parking charges incurred during my use of the loaner vehicle, I believe Tesla's action of charging me without proper consideration of my rights is unjust and potentially unlawful.

I would like to request that Tesla reconsider the charge and provide clarification on the process followed in handling parking charges incurred while in possession of a loaner vehicle. Additionally, I would appreciate your assistance in addressing any potential discrepancies in the application of the loaner agreement terms.

I am willing to cooperate fully to resolve this matter amicably and trust that Tesla shares the same commitment to fair and transparent customer service.

I look forward to your prompt response and resolution of this issue.

Yours sincerely,