OPEN LETTER to the Mayors Office 22nd June 2024. Also sent by email.


Dear London Mayor,


I understand this is a busy time for your office, however, I am writing following a year of efforts to resolve ULEZ charges and fines on my ULEZ compliant vehicle.

There have not been sufficient responses from TFL, only advice that I can scrap my van under the scrapage scheme, although I have sent in the certificate of compliance and the updated logbook from DVLA that shows my van as Euro 6 (ULEZ compliant).

I am still paying ULEZ charges every day that I drive and I am owed several thousands of pounds from TFL, not to mention £1750 to release my vehicle from Marston holdings, when it was taken from the road and put in the pound without warning in the lead up to Christmas. They then closed for Christmas meaning I had to cancel plans I had made.
My work equipment was in the back of the van, which was scheduled for auction, on paper two days after they opened after Christmas, but in reality this was one day. Initially I thought it had been stolen, as it was it took great effort to recover it before it was sold on for a fraction of what it was worth.

Not only were the fines and charges made when they shouldn’t have been, but the reason I stopped paying was that TFL stopped taking the payments from my card, I didn't actually stop making the payments my side and the bank did not block them. Much of this has been uncovered due to fact checking on request of the journalist.

Payment to Marston holdings went through to Marston before the van was seized, though the app said it had failed it shows on my bank statement. I have not received a response to any of this despite sending in evidence special delivery, which was logged with Royal Mail as received, sending tens of emails and making many phone calls a month over the course of a year

I will likely make this an open letter in hope of receiving a response. Two previous letters are on my blog here: https://www.lee-simmons.blog/van-saga , also attached with full details.

With the upcoming election my MP can not currently support my case, due to parliament currently being dissolved. He and the journalist, acting independently of each other, were able to receive responses (though insufficient) whereas I have been entirely ignored.

I attach the updated logbook and letter from my bank.


Regards,


Ms Lee Simmons

29th May 2024
LETTER BEFORE ACTION.

Re: Vehicle DG1* ***

To whom it may concern

I am writing to you regarding the above vehicle (my van). This is further to a letter of complaint
dated 17 January 2024, in addition to numerous emails, several phone calls, and sharing the
certificate of auto compliance for my vehicle - to which I have not received any response.
The only acknowledgement I have received has been that I qualify for scrappage scheme,
which I applied to months before this saga, when I trusted the information TfL shared with me,
and, more importantly, isn’t necessary given that my van is ULEZ compliant.

In summary, I have (incorrectly) been paying ULEZ charges on my vehicle for as long as I have
owned it (2020), since charges were introduced. Due to an error in TfL taking these payments, I
was issued with 3 PCNs, which resulted in my van being seized over Christmas 2023 without
warning. This is detailed in my previous letter, which I enclose.

Firstly, I would like to make it clear that I did not stop payments to TfL.

Secondly, after being fined, I phoned TfL and was told my card had probably been blocked due
to a fraud attempt. My bank, HSBC, have confirmed that TfL did not take payment, and that the
credit card registered for payments was not blocked (evidence enclosed). I also attempted to
pay via the Marston app, on a different card (with a different bank, Santander). This was
rejected on the app, but the bank confirmed that payment was taken (evidence enclosed). This
card was never blocked, either.

Since then, I have spoken with TfL (again) to change the payment method.
Furthermore, according to a letter from TfL, addressed to me (ref. TFL-3047345-1713178844):
Diesel Vehicles must be Euro 6 or have NOx emissions equal to, or less than, 0.08 grams
per kilometre and Particulate Matter emissions equal to, or less than, 0.005 grams per
kilometre.

Since this correspondence, the DVLA have confirmed that my van is Euro6 compliant, in
response to the certificate of compliance I shared with them. I enclosed a copy of the updated
vehicle logbook as evidence that my van is, and always has been, exempt from ULEZ charges.
This is not yet showing on the ULEZ checker website, but as noted, DVLA have confirmed this,
and updated the logbook.

Looking ahead, in the first instance, I ask that you update your records so that I am no longer
incorrectly charged ULEZ fees for using my van.

Secondly, I would like to request a refund for all previous ULEZ charges (paid) relating to this
vehicle. Your records should show the correct amount, and the total Marston charge.
Finally, I would like you to revisit my initial letter of complaint (enclosed), in which I asked for
compensation of costs incurred, and to which I did not received a response other than to scrap
my van.

Moreover, I would like to know why TfL stopped taking ULEZ payments from my credit card after
May 2023. My bank, HSBC, have confirmed in writing that no errors were made on their side,
and that the card was active during this period. If TfL had taken these payments as arranged,
the situation would not have escalated.

I would also like to highlight the significant costs that I have incurred, not just in terms of money,
but in loss of income, time off work, and stress. The issue has seriously impacted my ability to
work. I have also involved a journalist at the Guardian, and my local MP, in this matter. This
situation has also taken up their time.

I would be grateful if you could provide me with a satisfactory response as soon as possible.
Please send your response to; **** WITHIN 12 DAYS.

Yours faithfully,

Ms Lee Anna Simmons

Please find enclosed:

● Letter of complaint sent 17 January 2024
● Updated DVLA logbook showing Euro6 status of the van (ULEZ compliant)
● Email from HSBC, dated 18 April 2024
● Screenshot of Santander bank statement showing payment to Marston Group (Marston
app)

17th Jan 2024
Ms Lee Anna Simmons

DG1* *** TFL / ULEZ / Marston
Marston REF G496664 / TFL Ref: YJ59950362 and two others

To whom it may concern,

This letter is regarding the Citroen Berlingo, 2016, ad blue, work van of micro company
Social Art Therapy Ltd based in Woolwich, London, which surprisingly didn’t met ULEZ
standards, number plate DG16 ***.

I am the owner, Director and employee of Social Art Therapy Ltd (Ms Lee Anna Simmons) and
set up an auto-payment with my bank account.

The bank stopped the card due to suspected fraud attempt, messages about this went to
spam in email and messages from TFL were received sporadically, when checking spam.
I drove as little as possible due to the ULEZ charges I believed I was paying £12 each time,
but still went to and from the studio a couple of miles down the road when carrying
equipment and incurred three penalty notices, which totalled around £500 when I first saw
them. I discovered what had happened, spoke with TFL and then the bank and opened the card
again and sent an appeal to TFL. This was rejected and the claim increased to around £800. I
appealed again, in more detail and the next I heard it was a £1050 fine and going to a debt
collector.

I hired Hannah from PA Please and gave them helping resolve this fine as the first job. I had
already written a complaint letter, called several phone lines, emailed and also installed the
Marston app to pay the fine in instalments whilst continuing to appeal.

I used the Santander business card to pay and the app rejected the payment. The areas of the
app to ask for assistance didn’t function. The next time I logged in, the three PCN’s were
marked as nothing owed and the company van had been seized and taken to the pound. I had
installed the app, attempted to pay in instalments, been on the phone and emailed in the days
leading up to this. I had also reluctantly applied to the scrappage scheme and had been
refused – the letter suggested there was not enough evidence of the address due to the
company being registered to the official accountant’s address; despite having sent in all the
required documentation and being the only employee, the director, 100% share holder,
registered with companies house.

I moved the company address back to my own, applied again, heard nothing back for weeks
and then a letter saying they would let me know if I could apply I still haven't heard back.
I have now heard from Santander that a payment was taken from Marston, though it didn't
register on the app, showing that I did set up a payment plan and attempt to pay - around 5 days
before my van was seized.

I included in my emails to Marston and TFL that I was working abroad from 15-22nd
December full time and therefore couldn’t deal with this for a week. Equipment needed for
the climbing and therapy work was also in the van and worth approximately £3000. This had
to be hired during the working week as a result and methods compromised for the trauma
therapy.

My new admin assistant tried to arrange payment and van release and failed but did get the
opening times and shared with me that the costs were £30 per day the first week, then £10
per day and the pound would be open on 23rd 9-11.30am. This was untrue. It was also
untrue that there was no way for me to pay remotely, which I learned recently.

On return from the work trip, at 5pm on 22nd , I found two letters at home dated 14 and
15th December, stating an auction date of 29th December for the van and that to pay the
fine – which I already understood I had to do in person at the pound, I would also need a
release letter from Marston, who were closed at that point. I tried calling in the
morning and went to the pound, to discover they were closed for Christmas, DVLA couldn’t
help and they wouldn’t open until 27th December – only two days before the auction. I had
communicated the van contained equipment I need for work.

This also interrupted plans to see family at Christmas and caused a huge amount of stress
and distress, I was unable to see my sister, niece and nephew and canceled meeting my
mother on Christmas eve. navigating trains with strikes and weather delays to get to see my
father, briefly, who was stressed and upset by this situation at a difficult time.

The systems seem to be broken and it felt intentional. A £39 fee for driving in the new ULEZ
zone, that was not paid due to the bank fraud protection systems and had been addressed
with TFL, escalated to a £1337 fine with no reasonable response to appeals, then seizing of
property needed for work and again, no avenue to appeal or communicate or even set up
payment plan - even though I did but the app rejected it and still took a payment. Then a £1754
fine, that the DVLA staff made it hard for me to pay, leaving me outside the gates in the cold for 30
minutes after the opening time. At this point I had also heard from Citroen that my van was
ULEZ Compliant the entire time.

A Certificate of Compliance is on the way and will follow this letter.

Yours faithfully,

Ms. Lee Anna Simmons