Tesla lease car - Parking violation fee £60 & £10 Hire Fee

Gr1pr

Its extremely important to know whether its a council PCN or a private parking company PCN, completely different topics and not the same thing 

If you are a lessee, you should already have a copy of the contract that you signed with Tesla, you can take pictures of the relevant sections and post them on here, minus any personal information of course, we dont wish to see personal data, you signed the contract so should know what you signed and should have access to a copy of that contract 

Hire and lease companies usually email pictures of the PCN with their lessee or hirer notifications 

Lastly, you should not be emailing Tesla with every question put to you , only emailing them for the core details, pictures, evidence etc

If this is council, gather your paperwork and evidence and post your queries over on the ftla parking forum in the council section, after reading their posting requirements . On GSV it definitely looks council to me , meaning that it was a council PCN, a penalty. ?  , your Tesla contract may have had you agree to them being paid and charged to you, which they appear to have done 

chaps200

Hire and lease companies usually email pictures of the PCN with their lessee or hirer notifications 
- you would have thought so but i havnt

Type of lease - hire Purchase

Contract states:

("Owner, we, us, our") ("Hirer, you, your")

From one of the other comments it mentions if the contract states what teslas definition of a fine is, i cant find sod all expect for this:
- promptly pay all fees, duties, charges, fines, taxes and other outgoing payable in respect of the vehicle 

Where do i go with this, feeling more confused than before to be honest. Tesla HAVE NOT sent me a copy of the fine issued, only an email as per my orig message which is precise of the events!

What next, contact the council ran car park for copy of the fine or whatever it is?

Gr1pr

Then as I said, and others, you want proof from Tesla regarding the paperwork and confirmation that they paid a council Penalty charge notice ( magistrates issue fines, this is unlikely to have involved magistrates. )

You have been asked to provide a picture of the details in your contract that mentions all the different words, even though words like fines and penalties may or may not be mentioned   (so we require pictures, not narrative or hearsay.). You signed that contract so would have been provided with your own copy, probably a pdf. )

The current issue is between the council and Tesla, not the council and the driver 

You still need the reply from Tesla with a copy of the PCN and confirmation that they paid the £60, plus confirmation of which clause in the contract allowed them to do this and to subsequently pass it on to you the hirer , plus the £10 fee

You are confused due to a lack of paperwork and explanations by Tesla, not our replies, I believe that the replies have told you what needs to be done but you seem to be too impatient in not waiting for the Tesla replies before complaining 

I shall tell you what I believe has happened here, it may be true, but its a strong guess 

The council issued a postal PCN to Tesla's financial section or similar, because they are the registered keeper 

Tesla looked at the guidelines in their office and decided to pay it as keeper, which they have a right to do

They then looked at the contract and internal guidance and passed this charge plus an admin charge onto you, and informed you of the impending charges 

That is where you are likely up to , so any dispute is between you as Hirer and Tesla as the hire or lease company
 ( They are the RK. For now. )

There is nothing confusing in that scenario, private contract signed by both parties, they invoked what they believe they can do according to the terms and conditions that you both signed up to . The contractual dispute is between the 2 of you. )

chaps200

Im still waiting for a response from Tesla but its only been 24 hours and there is no way to reach out to them other than email! Im hoping ill get the evidence but im not holding my breath from previous experience dealing with them 

https://www.tesla.com/en_gb/support/pch-support - this explains when a fine is incurred but doesnt explain much more

Ive attached the terms excluding any personal details:

chaps200

@Gr1pr

Ok - ive had a response from tesla 

Firstly, they have paid the fine on behalf of the hirer. I have asked Tesla what clause in the contract allowed them to do this and to subsequently pass it on to the hirer

Secondly, this fine was issued on 6th Jan 2024 with Parking Charge Notice -  reason: Failed to obtain a permit in accordance with the notified terms. This was at Car park coventry spirit radio. The letter has "Civil Enforcement" www.ce-service.co.uk and has on the footer, "Civil Enforcement Ltd operates in accordance with the British Parking Association's Code of Practice. Registered address: Civil Enforcement Limited, Horton House, Exchange Flags, Liverpool, L2 3PF. Company Registration Number 05645677. Registered in England.

Ive attached a copy of the terms, there is a pcn number on the letter

Tesla also said to asked the company that issued the fine to confirm in writing that they accept your appeal and forward to tesla to issue a credit 

So before i go off and do something different, what would you folk suggest here. Immediately what screams is when was Tesla notified by the company of this fine, 7 months have passed

Gr1pr

So the plot thickens, a private parking charge notice by Civil Enforcement was issued to a Registered Keeper, so not a fine or a penalty, but a private INVOICE from a private parking company, not from an authority, not from the council 

The RK should have followed POFA 2012 and BVRLA guidelines in their memorandum of understanding and notified CEL of the hirer details, adding the lawful documents too , presumably to you as the hirer, doesn't look like it happened 

Perhaps the RK paid CEL at the discounted rate ?

You are right to query all of this complicated puzzle , especially because its taken months and you need the core details, perhaps in order to use the BVRLA arbitration service ?

Show us a redacted picture of the front of the PCN letter, and the details of where CEL sent it, redacting the references, VRM and any other personal and private details 

DE_612183

It's NOT a fine.

Please ensure you tell Tesla this.

chaps200

@Gr1pr

See below

Gr1pr

So there for an hour and a half without a permit or payment 

I cannot see the issue date, only the incident date, 6th Jan 2024 , presumably the back has more information. ?
I would expect that CEL posted the letter above within say 10 days of the incident date, but I have no idea what has happened since Tesla received it and now when they informed you 

The back would have told Tesla that they could name the hirer, which they should have done using the law named POFA 2012 , following all the details within that law.  They appear to be BVRLA members but failed to follow the bvrla memorandum of understanding in naming the hirer, so you can probably invoke dispute resolution and take the matter to the BVRLA as a complaint that their member failed to name the Hirer but chose to pay it instead, denying your right to appeal 

Its neither a fine or a penalty, the contract is silent regarding invoices and private parking charges from private companies, however Tesla will probably use that catch all clause in your contract 

I suspect that the Tesla staff haven't a clue on how to deal with these private PCNs, so just paid it and charged you, hence your contractual dispute , similar recent Hertz and Parking Eye case below 

https://forums.moneysavingexpert.com/discussion/6539939/parking-fine-received-at-hotel#latest

Once people are aware of how it should have been handled, its easier to stand up on the stage and lecture the uninitiated 

chaps200

haha - so Tesla responded back just now saying "given the circumstance, we will as a gesture of good will cancel the fine and related admin charges fees on this occasion"

Soon as i mentioned POFA 2012 and BVRLA they must have panicked and knew it was pointless recovering the monies all the way back from Jan!

Result - thanks guys!