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BC and (new) Referral Program

Kira

Member
Apr 6, 2016
332
356
Victoria, BC
Where you headed? I'm about to Embark on a 7000km road trip down to New Mexico, across route 66 and up the PCH/Oregon Coast

Not as far as you, just heading east from Vancouver Island and will stop in Radium Hot Springs to visit family, then swing over to show the kids Lake Louise before heading home. Would really love to travel the PCH and Route 66 someday when my self-imposed US travel boycott is over. :D
 

lestager

Tesla McQueen
May 31, 2019
34
59
Kelowna, BC Canada
Not as far as you, just heading east from Vancouver Island and will stop in Radium Hot Springs to visit family, then swing over to show the kids Lake Louise before heading home. Would really love to travel the PCH and Route 66 someday when my self-imposed US travel boycott is over. :D

Election can't come soon enough :) haha
 
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Kira

Member
Apr 6, 2016
332
356
Victoria, BC
Others, like Darscot, Wyman, possibly Kira who have experienced an actual loss of "referrer" kilometers would be in a stronger position than I am to take an action under point 2 above.

They have already experienced "injury" by the VSABC direction to Tesla and could seek remedy. They are probably more motivated than me as well as I would be arguing "anticipatory injury".


Losing 24,000 kilometres does sting, especially after all the many hours I spent giving lengthy test rides/drives, answering questions, responding to emails & texts, and even contacting our local Store with ordering issues when a new buyer couldn’t get through. I would have done it without the Supercharging kms and continue to do it now — but having them granted and then deleted was sure disappointing.
 
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MexiCanuck

Member
May 7, 2019
494
498
Vancouver Island
Here is my draft wording for the complaint through VSABC regarding Tesla. It refers to the pending complaint regarding the VSABC but outlines the nature of the argument.

I suggest that the greater the number of similar complaints, the greater effect it will have.

START COMPLAINT

Tesla offers two incentive programs. If a purchaser uses a "referral code" the purchaser receives a consideration from Tesla. The consideration varies at different times. I was offered a consideration of 7500 kilometers of charging my car without cost.

An owner whose referral code is used receives a consideration. The consideration varies at different times but has included free vehicle charging and/or opportunties to win a Tesla vehicle.

Tesla initially provided me the purchaser consideration, then reversed the consideration, and subsequently reinstated the consideration. That matter is resolved.

Tesla states on its website however that, "Unfortunately, British Columbia residents are not eligible for referrer program awards." Referral Program

I understand this is because an interpretation by the VSABC of the following provisions of the Motor Dealer Act.

1. The Act requires that a salesperson be licensed.

2. It defines a salesperson as follows:

"salesperson" means

(a) an individual, other than a motor dealer, who, on behalf of a motor dealer and for or in the expectation of a fee, gain or reward,

(i) solicits, negotiates or arranges for the sale of a motor vehicle to a person, or

(ii) in any way participates in the soliciting, negotiating or arranging for the sale of a motor vehicle to a person,

I say that Tesla and the VSABC are misapplying this definition. In offering my referral code I am not acting, "on behalf of a motor dealer", I am acting in my own interest.

I do not meet the test of "solicits, negotiates or arranges for the sale of a motor vehicle". In fact, I may never have contact with a person who uses my referral code. The person who uses my referral code may not be ordinarily resident in BC.

I do not meet the test of "participates in the soliciting, negotiating or arranging for the sale of a motor vehicle". Again, I may never have contact with a person who uses my referral code. I will not have contact with Tesla. I may never have contact with a person who uses my referral code. They might just see it on a message I post on a website. The person who uses my referral code may not be ordinarily resident in BC. The transaction between Tesla and the purchaser may take place outside of British Columbia.

I say that Tesla is disqualifying me from a benefit without proper cause.

I do not believe that Telsa is doing this of its own volition. I believe that Tesla would like to implement the referrer program that is available throughout North America to British Columbians. I suggest Tesla is being improperly advised by VSABC.

I ask as remedy that Tesla Canada immediately implement the referrer program that is available throughout North America to British Columbians.

I will file a separate complaint against VSABC.

END COMPLAINT
 

bolero

Member
May 21, 2019
139
106
Vancouver
Here is my draft wording for the complaint through VSABC regarding Tesla. It refers to the pending complaint regarding the VSABC but outlines the nature of the argument.

I suggest that the greater the number of similar complaints, the greater effect it will have.

START COMPLAINT

Tesla offers two incentive programs. If a purchaser uses a "referral code" the purchaser receives a consideration from Tesla. The consideration varies at different times. I was offered a consideration of 7500 kilometers of charging my car without cost.

An owner whose referral code is used receives a consideration. The consideration varies at different times but has included free vehicle charging and/or opportunties to win a Tesla vehicle.

Tesla initially provided me the purchaser consideration, then reversed the consideration, and subsequently reinstated the consideration. That matter is resolved.

Tesla states on its website however that, "Unfortunately, British Columbia residents are not eligible for referrer program awards." Referral Program

I understand this is because an interpretation by the VSABC of the following provisions of the Motor Dealer Act.

1. The Act requires that a salesperson be licensed.

2. It defines a salesperson as follows:

"salesperson" means

(a) an individual, other than a motor dealer, who, on behalf of a motor dealer and for or in the expectation of a fee, gain or reward,

(i) solicits, negotiates or arranges for the sale of a motor vehicle to a person, or

(ii) in any way participates in the soliciting, negotiating or arranging for the sale of a motor vehicle to a person,

I say that Tesla and the VSABC are misapplying this definition. In offering my referral code I am not acting, "on behalf of a motor dealer", I am acting in my own interest.

I do not meet the test of "solicits, negotiates or arranges for the sale of a motor vehicle". In fact, I may never have contact with a person who uses my referral code. The person who uses my referral code may not be ordinarily resident in BC.

I do not meet the test of "participates in the soliciting, negotiating or arranging for the sale of a motor vehicle". Again, I may never have contact with a person who uses my referral code. I will not have contact with Tesla. I may never have contact with a person who uses my referral code. They might just see it on a message I post on a website. The person who uses my referral code may not be ordinarily resident in BC. The transaction between Tesla and the purchaser may take place outside of British Columbia.

I say that Tesla is disqualifying me from a benefit without proper cause.

I do not believe that Telsa is doing this of its own volition. I believe that Tesla would like to implement the referrer program that is available throughout North America to British Columbians. I suggest Tesla is being improperly advised by VSABC.

I ask as remedy that Tesla Canada immediately implement the referrer program that is available throughout North America to British Columbians.

I will file a separate complaint against VSABC.

END COMPLAINT
would www.change.org help?
 

Kira

Member
Apr 6, 2016
332
356
Victoria, BC
Here is my draft wording for the complaint through VSABC regarding Tesla. It refers to the pending complaint regarding the VSABC but outlines the nature of the argument. I suggest that the greater the number of similar complaints, the greater effect it will have.

Thanks for putting all this together @MexiCanuck - it makes it easier for others to add their voices using your draft as a template! :)
 

MexiCanuck

Member
May 7, 2019
494
498
Vancouver Island
If anyone knows who Kyle Geddes (the originator of the petition) is, you might want to mention to him that the first target of the petition should probably be the Minister of Public Safety and Solicitor General. That ministry, not the Ministry of Transportation and Infrastructure, is responsible for the Motor Dealer Act and the Vehicle Sales Authority.
 
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P2AT

Member
May 28, 2019
68
53
Vancouver, BC
If anyone knows who Kyle Geddes (the originator of the petition) is, you might want to mention to him that the first target of the petition should probably be the Minister of Public Safety and Solicitor General. That ministry, not the Ministry of Transportation and Infrastructure, is responsible for the Motor Dealer Act and the Vehicle Sales Authority.
I think you should have headed this. You have definitely been the brainchild
 

MexiCanuck

Member
May 7, 2019
494
498
Vancouver Island
I reviewed the VSABC document about how to file a complaint about VSABC. It says, in part, that that process is not to be used to make a complaint regarding matters related to the Act or Regulations. I asked them how to make a complaint about VSABC’s interpretation of the Motor Dealer Act.

I received a response from VSABC as follows:

Thank you for contacting the Vehicle Sales Authority of BC (the “VSA”) regarding wanting to know how to make a complaint against the VSA about how the VSA interprets the definition of a salesperson.
A case file number – 19-07-xxx – has been assigned to your enquiry. Please refer to this number in all future communication with us related to this matter.

Response

In response to your enquiry please note that you are able to make a complaint regarding this matter to the Office of the Ombudsperson. You can contact the Office of the Ombudsperson by telephone at 250-387-5855 or toll-free at 1-800-567-3247. For more information about the Office of the Ombudsperson and to learn about their complaint process please visit their website at this link: Home | Office of the Ombudsperson.

I see this as a good thing. Complaints about the VSABC would go to an independent decision-maker. I suspect that MLAS would also put more importance on complaints to the Office of the Ombudsperson.

I encourage BC Tesla owners to make complaints to the Office of the Ombudsperson.
 
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BEPA400

Member
May 1, 2019
341
275
Canada
247A6B17-CE39-40A3-9A50-C74F2C70352C.jpeg
Holy macaroni. very surprised.
Mexicanuck.
I owe you a beer. Or somebody.

I wonder if I’ll get the 6 month extension for my referral!?

Either way no way I hell i can use that much MILES in one year. Or six months depending on how they apply my transactions. They will mostly expire.

I drive tops 10,000km a year..

Ah well! Wish I could give them away!

Maybe I’ll start driving to get my kids to sleep.
 

chr.lee

Member
May 9, 2019
29
6
BC
View attachment 431933 Holy macaroni. very surprised.
Mexicanuck.
I owe you a beer. Or somebody.

I wonder if I’ll get the 6 month extension for my referral!?

Either way no way I hell i can use that much MILES in one year. Or six months depending on how they apply my transactions. They will mostly expire.

I drive tops 10,000km a year..

Ah well! Wish I could give them away!

Maybe I’ll start driving to get my kids to sleep.



Did you get 15,xxx reinstated ? I only got back 7500. No referrals returned.
 

phtp

Member
Apr 21, 2018
438
166
Vancouver
Did you get 15,xxx reinstated ? I only got back 7500. No referrals returned.

This is expected as it's for the purchase only. The best way to change this is what MexiCanuck has suggested, reaching out to the political entities to change the law. From what I can tell, BEPA400 has 1 purchase and 2 referrals and must've changed his address to a US address, it would have shown KM's versus miles. When it got reinstated, the system thinks he's now outside of BC and restored everything.
 

BEPA400

Member
May 1, 2019
341
275
Canada
I like math.. I do it for a living.. and any way I have tried to make sense of it doesn’t work, I suspect a Tesla staffer just added 7500 to a batch of Vancouver purchases regardless of the km vs miles units in the account.

I had a may purchase (7500km) and a June (1500km) referral minus two supercharging sessions and I'm still over 15k miles. So like 24,000+km.

But Tesla if you’re reading.. I only drive 10,000km a year and mostly charge at home so no need to take them away because I won’t use much!
 

lestager

Tesla McQueen
May 31, 2019
34
59
Kelowna, BC Canada
I like math.. I do it for a living.. and any way I have tried to make sense of it doesn’t work, I suspect a Tesla staffer just added 7500 to a batch of Vancouver purchases regardless of the km vs miles units in the account.

I had a may purchase (7500km) and a June (1500km) referral minus two supercharging sessions and I'm still over 15k miles. So like 24,000+km.

But Tesla if you’re reading.. I only drive 10,000km a year and mostly charge at home so no need to take them away because I won’t use much!

I wish there was a Transfer option to other Tesla owners haha
 

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