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#Post#: 81468--------------------------------------------------
Tesla paid Heathrow "Fine" without letting me
challenge it – £40 charge
DIR By: zunaster
Date: July 17, 2025, 10:16 am
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Hi all, looking for advice.
Tesla Finance emailed me saying I owe £40 (£30 for a Heathrow
PCN and £10 admin fee). I’ve asked for the original notice but
haven’t had a reply.
I didn’t pay the original £6 charge because APCOA cannot hold a
registered keeper liable on Heathrow land (it’s under statutory
control and not “relevant land” under PoFA). They can only
pursue the driver, and I wasn’t given a chance to appeal.
Tesla paid the PCN automatically, without telling me, and then
billed me, which I think breaches my lease agreement,
specifically Clause 3.8, which says:
"You shall promptly pay all fees, duties, charges, fines, taxes,
and other outgoings payable in respect of the Vehicle and your
use of it."
That implies I am responsible, not Tesla, and I should’ve had
the option to challenge it.
Question:
Can Tesla legally pay a third-party charge without notifying me,
especially one I had legal grounds to contest?
Just FYI they refunded the PCN fee I had previously paid after I
complained that I wasn’t given the opportunity to appeal it.
Thanks in advance for any help.
Full Lease Terms for Reference:
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.
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
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 will 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.
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 a 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 10.1 by giving notice to our Financial
Services Team using one of the following methods:
10.2.1 emailing
[TFSSupport@tesla.com](mailto: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](
HTML http://www.tesla.com/en_GB/about/legal),<br
/>and the Return Policy, which can be viewed at
[www.tesla.com/en\_GB/support?Tesla-return-policy](
HTML http://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:
[
HTML https://www.tesla.com/en\_gb/support/finance-agreement-issues](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
[
HTML https://www.financial-ombudsman.org.uk
](
HTML 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.
#Post#: 81480--------------------------------------------------
Re: Tesla paid Heathrow "Fine" without letting me
challenge it – £40 charge
DIR By: b789
Date: July 17, 2025, 10:50 am
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If Tesla paid an invoice for an alleged breach of contract by
the driver instead of following the instructions on the invoice
to Hire/Lease companies that all they need to do is transfer
liability from them, as the Keeper, to you, as the Hirer, then
you will need to sue Tesla. If it was taken from your card or by
direct debit, you can raise a dispute and get a chargeback and
let Tesla deal with it.
A PCN is simply a speculative invoice from an unregulated
private parking firm for an alleged breach of contract by the
driver. Liability is easily transferred from the Keeper to the
Hirer. It can be appealed (and should have been) and, if using
our adivice, would have been cancelled as there is no Keeper or
Hirer liability.
#Post#: 81481--------------------------------------------------
Re: Tesla paid Heathrow "Fine" without letting me
challenge it – £40 charge
DIR By: zunaster
Date: July 17, 2025, 10:58 am
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I previously made a complaint to Tesla about a similar PCN (not
Heathrow, but on private land one), and they upheld it, agreeing
that I should have been given the opportunity to appeal. They
also mentioned they are working on improving their processes.
This was their response:
Thank you for your email.
We understand your frustrations on the delay in finding a
solution to this query moving forwards.
We can confirm that we are still reviewing our processes to
ensure our customers have a seamless experience moving forward
surrounding the topic of penalty charge notices. We aim to be in
touch with our customers when new processes are implemented. I
can confirm that the fine has been attached to this email.
As part of our commitment to ensuring compliance and maintaining
a seamless experience for our customers, we take the step on
charging customers to resolve the matter efficiently. We confirm
that all forms of charges and fines must be paid promptly to
ensure compliance with relevant contractual guidance in your
agreement through clause 3.8. However, as you can see in these
circumstances we were unfortunately faced with a delay in
providing the relevant citation document to you.
Kind regards,
#Post#: 81482--------------------------------------------------
Re: Tesla paid Heathrow "Fine" without letting me
challenge it – £40 charge
DIR By: b789
Date: July 17, 2025, 11:06 am
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Remind them that a Parking Charge Notice is neither a "fine" nor
a "penalty". It is only a speculative "invoice" from a private
company and there is no statutory authority involved.
Get it charged back and let them try and fight it with you.
They'll never get their money back from APCOA. More the fools
them.
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