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#Post#: 33181--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: b789
Date: August 13, 2024, 2:00 am
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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
HTML https://www.contestorlegal.co.uk
#Post#: 33185--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: H C Andersen
Date: August 13, 2024, 2:40 am
---------------------------------------------------------
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.
#Post#: 33192--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: mickR
Date: August 13, 2024, 3:38 am
---------------------------------------------------------
what did the management Co say? you may have a case against them
as well.
#Post#: 33220--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: dave-o
Date: August 13, 2024, 6:35 am
---------------------------------------------------------
--- Quote from: zunaster link ---
>
> Tesla has charged me for the PCNs, which I never authorized.
>
--- End Quote ---
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?
#Post#: 33410--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: zunaster
Date: August 14, 2024, 10:06 pm
---------------------------------------------------------
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?
#Post#: 33411--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: zunaster
Date: August 14, 2024, 10:08 pm
---------------------------------------------------------
--- Quote from: mickR link ---
>
> what did the management Co say? you may have a case against
them as well.
>
--- End Quote ---
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.
#Post#: 33412--------------------------------------------------
Re: Private PCN paid by loaner car company
DIR By: zunaster
Date: August 14, 2024, 10:13 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> 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
HTML https://www.contestorlegal.co.uk
>
--- End Quote ---
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.
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