Dougie freshening up Following my open letter to the Mayor, which involved logging in to twitter - a rare occasion since it became X - I received a cheque from TFL, which they said was a refund of all my ULEZ payments (it was closer to half), I haven't managed to get a reply about their maths yet. No apology or explanation either and another letter about the scrappage scheme that doesn’t acknowledge any of this. A cheque also arrived from Marston returning the ransom I paid to release Dougie from the pound, before he was auctioned. That included the money I paid before he was taken from the roadside, without any acknowledgement of that or any letter of explanation at all - not one word. The Government and Social Care Ombudsman was disappointing, apparently they investigated and decided that my bank card didn't work, it wasn't TFL's side. However they only spoke to TFL from what I can gather, so it will be interesting to see if the Financial Ombudsman thinks it was the bank's side too - in which case - why has the bank told me so definitely not, including putting it in writing? Meanwhile, I’ve gone shopping for a larger van - get me out of here!. Test driving a ULEZ compliant van on a sunny country lane, I was told the technology that makes it ULEZ compliant was turned off, as it messes with the engine and causes endless repairs. Apparently many local people who make short journeys do this as they also encounter problems. At first I was definite I needed a ULEZ compliant van so as not to have to deal with TFL any more, however, it’s such a flawed system, with some wonderful vehicles being forced into early retirement, that I decided against it and went for a gorgeous older one that will be better for the environment, by not contributing to this forced increase in consumption of vehicles. And it was my faveroute. The Guardian Journalist who had been helping a bit, no longer wants to write about ULEZ, her colleague decided to take it on but then vanished, so I might write the whole thing up once it is completed and case closed. I’ll probably write that from the new old van. Dougie, well he’s had a wash, a service and MOT and will be looking for a new home later this week. Most reliable vehicle I’ve ever encountered, I hope he gets someone who will take him on adventures. Maybe even convert him to a microcamper. He’d be good at that. A chapter must close for a new one to begin. To be clear, I am all for clean air and reduced emissions, but not these ridiculous, exploitative systems. Dougie in Albania, being an unconverted campervan 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 Today 10th June 2024, after more than six months, my van is still receiving ULEZ charges, there has been no explanation, refund or apology from TFL, DVLA of Marston despite sending the updated logbook, certificate of compliance, letter from the bank and many other forms of evidence. 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 |
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