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#Post#: 21954--------------------------------------------------
Private PCN paid by loaner car company
DIR By: zunaster
Date: May 9, 2024, 10:21 am
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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?
#Post#: 21961--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: DWMB2
Date: May 9, 2024, 10:40 am
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The terms of your agreement with Tesla will be key here, without
them it's rather difficult to advise on next steps.
Copies of the PCNs they received might also be helpful.
I'd be surprised if said agreement made you liable for private
parking charges they voluntarily paid, when there is an
established process through which they could have transfered
liability to you as the hirer of the vehicle.
#Post#: 21964--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: b789
Date: May 9, 2024, 11:26 am
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You should also check whether Tesla (or whoever was arranging
the "loan" vehicle) is a member of the BVRLA.
#Post#: 21985--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: H C Andersen
Date: May 9, 2024, 1:21 pm
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OP, would you pl clarify a few points pl.
You took your car into a garage for repair.
Whose garage? A third party e.g. a Tesla main dealer etc. or
what?
They, the dealer, provided you with a courtesy car.
You parked this in 'your' space where you lived.
This space was controlled* by NCP who, on finding a car other
than the one which had a permit/was on their exempt list, issued
a parking charge notice to the registered keeper.
You say you 'had informed NCP to exempt the car..', but whether
they acknowledged this we don't know.
The sort of arrangement you're describing happens in different
ways. Sometimes you would be the hirer with Tesla agreeing to
foot the bill for courtesy as well as repairs or Tesla makes all
arrangements and simply tells you when and where.
We cannot make assumptions here and your account doesn't deal
with the nitty- gritty detail. So, before we get Tesla in our
crosshairs would you pl clarify who is who in this saga.
#Post#: 22018--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: slapdash
Date: May 10, 2024, 3:09 am
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The loan car agreement they still publish on their website:-
--- Quote ---
> 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.
--- End Quote ---
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).
#Post#: 22052--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: b789
Date: May 10, 2024, 7:12 am
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Whilst that may appear on their website, it all hinges on what
is actually written in the signed agreement. The wording above
does appear to be sufficient to cover PCNs. Fair enough.
Does their agreement also allow them to pay the charge and
charge it back to the hirer? From the wording shown, it appears
to only state that Tesla will refer those “competent” parties
back to the hirer, which, in the case of an unregulated private
parking company, is 99.99% likely to result in a “golden ticket”
NtH.
#Post#: 22077--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: zunaster
Date: May 10, 2024, 10:01 am
---------------------------------------------------------
Got the loaner agreement from Tesla, it says:
--- Quote ---
>
>
- 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:
HTML 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
>
--- End Quote ---
-
_____________________________ _____________________________
#Post#: 22078--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: zunaster
Date: May 10, 2024, 10:10 am
---------------------------------------------------------
Attached is the invoice from Tesla, I just found out that NCP
has issued new ticket for which Tesla is yet to charge me
[attachment deleted by admin]
#Post#: 22080--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: DWMB2
Date: May 10, 2024, 10:14 am
---------------------------------------------------------
--- Quote ---
> 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
--- End Quote ---
This would seem to be the clause that they will be seeking to
rely on.
#Post#: 22081--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: zunaster
Date: May 10, 2024, 10:14 am
---------------------------------------------------------
Based on my analysis the agreement does not explicitly state
that Tesla can pay parking fees on your behalf without
consulting me while I have a loaner car.
The agreement mentions that I will be liable for any parking
fines or tickets imposed on the vehicle during my use, and I
agree that Tesla can pay these fines on your behalf. However, it
doesn't specify that Tesla can do so without consulting me first
or that they can do it voluntarily without my knowledge or
consent. If Tesla chooses to pay the fines on my behalf, they
will pass on the costs to me, including an additional
administrative fee. Therefore, while Tesla can pay parking fines
on my behalf, it is likely that they should inform me or seek my
authorization before doing so.
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