3. Private PCN paid by loaner car company
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Re: Private PCN paid by loaner car company
« Reply #15 on: »
Interestingly, there is no mention of what the keeper should do if the vehicle is a hire car. Whilst I cannot find anything in PoFA that requires the operator to state anything in the NtK about informing the keeper about transferring liability from them to the hirer, it is usually standard practice to advise the keeper (if they happen to be a hire firm) of the ability to do so.

Also, there is nothing in the IPC CoP that requires the operator to make the keeper aware of the requirement to transfer liability to the hirer if the vehicle is out on hire. PoFA 9(2)(e)(ii) does not cover this as it requires the keeper to notify the operator of the name of the "driver". The keeper cannot know the name of the "driver", only the name of the "hirer".

However, by not advising the keeper of the requirement to transfer liability to the hirer, the operator has failed to provide the necessary information in order for them to subsequently pursue the hirer and issue the necessary NtH.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Private PCN paid by loaner car company
« Reply #16 on: »
Take the rest of the weekend off and prepare yourself for Monday.

Either your approach was wrong or the mgmt co. dealt with it wrongly, you need to find out to avoid a repeat.
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Re: Private PCN paid by loaner car company
« Reply #17 on: »
Dear DWMB2 and b789,


Tesla has charged me for the PCNs, which I never authorized. I'm currently pursuing reimbursement from the private parking company, but I've been informed that since Tesla has already paid the fine, they’ve accepted liability, making it difficult to get a refund. How should I proceed?

The first invoice was issued on 17 June and second invoice was issued on 25 June.

The PCNs are attached:
For parking at my residence:
1. 22.03
2. 24.03
3. 01.04
4. 03.04
5. 07.04
6. 09.04

7. 11.04

For Heathrow drop off:
1. 01.04






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Re: Private PCN paid by loaner car company
« Reply #18 on: »
Your dispute is with Tesla. They paid the charges. They shouldn’t have done so.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Private PCN paid by loaner car company
« Reply #19 on: »
Yes, but they have charged me. I just found out day before yesterday that they have taken £540 approx from my account.
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Re: Private PCN paid by loaner car company
« Reply #20 on: »
That’s the issue. They should not have charged you. All they had to do is tell the unregulated private parking company that the vehicle was hired to you and liability for those charges would have been transferred to you. That would have been the end of it as far as they are concerned. Each of those invoices has information on what to do if the vehicle is hired out.

Once that liability had been transferred, the private parking companies would have re-issued the PCNs in your name and they could have been dealt with by you. Each and every one of those PCNs would have been eventually cancelled because we know that there isn’t a single one of these companies that correctly follows the correct procedure, when it comes to hire cars, to be able to hold the hirer liable.

You wil have to sue Tesla for the money they have taken from you. You need to check the wording of the agreement you signed for anything that says they have the right to simply ignore your rights when it comes to parking charges issued by a private company.

None of those PCNs were any sort of “fine” or “penalty” and no “offences” had been committed. If they were penalties or fines issued by an “authority” such as a council or the police, that would be a different matter.

You would have to sue Tesla in the county court for those payments to be refunded. You could do it on your own but it may be better to get professional legal advice on this. Do you have any car or home insurance policy that includes legal cover?

There is one company that has a good track record for dealing with parking issues that may be able to help as some specialist knowledge about the differences between penalty notices and private parking charges would be required in order to explain this to the court.

Contestor Legal Services
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Private PCN paid by loaner car company
« Reply #21 on: »
OP, you posted 3 months ago that you would discuss, implying resolve*, the management company's misunderstanding of your instruction to them to include your loaned vehicle on NCP's exempt list. You were simply awaiting her return from holiday in less than 3 days.

Since when there's been radio silence on this point.

OP, you won't get a solution here because the issue has gone beyond private parking. Were your management company negligent, were you negligent, could you sue whoever has deducted money from your account, does the Consumer Rights Act bear upon the issue and, even if it does, so what unless you are prepared to sue, do you still have a relationship with Tesla, how important is this to you etc. etc?

*-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.
« Last Edit: August 13, 2024, 08:43:25 am by H C Andersen »
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Re: Private PCN paid by loaner car company
« Reply #22 on: »
what did the management Co say? you may have a case against them as well.
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Re: Private PCN paid by loaner car company
« Reply #23 on: »
Quote from: zunaster on August 12, 2024, 09:57:45 pm
Tesla has charged me for the PCNs, which I never authorized.

Sorry if this has been covered or is not relevant, but was the charge taken from a credit card?  If so, can a chargeback be made?
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Re: Private PCN paid by loaner car company
« Reply #24 on: »
I didn’t pay by credit card. My car is on Tesla Finance, and they used my debit card to take the payment.

b789 - Does that still allow me to initiate a chargeback, or is there another way to dispute this?
« Last Edit: August 15, 2024, 07:27:45 am by zunaster »
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Re: Private PCN paid by loaner car company
« Reply #25 on: »
Quote from: mickR on August 13, 2024, 09:38:54 am
what did the management Co say? you may have a case against them as well.


They haven't responded to me yet and now the management company’s manager has been replaced. They're refusing to refund either me or Tesla.
« Last Edit: August 15, 2024, 07:21:22 am by zunaster »
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Re: Private PCN paid by loaner car company
« Reply #26 on: »
Quote from: b789 on August 13, 2024, 08:00:08 am
That’s the issue. They should not have charged you. All they had to do is tell the unregulated private parking company that the vehicle was hired to you and liability for those charges would have been transferred to you. That would have been the end of it as far as they are concerned. Each of those invoices has information on what to do if the vehicle is hired out.

Once that liability had been transferred, the private parking companies would have re-issued the PCNs in your name and they could have been dealt with by you. Each and every one of those PCNs would have been eventually cancelled because we know that there isn’t a single one of these companies that correctly follows the correct procedure, when it comes to hire cars, to be able to hold the hirer liable.

You wil have to sue Tesla for the money they have taken from you. You need to check the wording of the agreement you signed for anything that says they have the right to simply ignore your rights when it comes to parking charges issued by a private company.

None of those PCNs were any sort of “fine” or “penalty” and no “offences” had been committed. If they were penalties or fines issued by an “authority” such as a council or the police, that would be a different matter.

You would have to sue Tesla in the county court for those payments to be refunded. You could do it on your own but it may be better to get professional legal advice on this. Do you have any car or home insurance policy that includes legal cover?

There is one company that has a good track record for dealing with parking issues that may be able to help as some specialist knowledge about the differences between penalty notices and private parking charges would be required in order to explain this to the court.

Contestor Legal Services





Thank you for your detailed response and insights.

I want to note that I have full motor legal protection under my car insurance, which should cover any legal costs associated with this issue.

The fact that the loaner agreement may violate the CRA 2015, specifically section 62, is troubling. Tesla’s actions not only breach the contract but may also be unlawful. I will review the agreement to see if there’s anything that suggests they can bypass my rights regarding parking charges from private companies.

These charges were not official penalties or fines but invoices from a private parking company. Tesla should have transferred liability to me, as the hirer, instead of deducting money from my account. This failure justifies legal action.

I’m also considering disputing these deductions through the Financial Ombudsman Service and pursuing a county court claim to recover the funds. It’s important to hold Tesla accountable and prevent this from happening to others.

Thank you for recommending a company with expertise in private parking issues. I appreciate your guidance and will keep this forum updated on the progress.
« Last Edit: August 15, 2024, 07:19:17 am by zunaster »
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