Found this great forum looking up some other issues with Evri and decided to post my ongoing story with TFL
In 2018, TFL started charging my vehicle with ULEZ, even though is was ULEZ euro 6 compliant. The status was challenged and reverted back but after 1 month their database automatically changed the status again.
Over 3 years I was paying ULEZ daily charges and PCN's when the autopay would fail due to combined billing from the autopay on a monthly basis being so much (ULEZ costs more than CC). In April 2021 I started writing letters to try and get this dealt with, as all my challenges, emails and calls were getting ignored. I sent several letters recorded, some of which were opened by TFL's offices and 'returned to sender'. I retained this as proof.
I instructed legal counsel sometime in October 2021 when I was forced to stop paying Autopay's statement due to the combined billing element. No one at TFL was bothered, despite sending in all the proof they requested. Note at the time all of their replies, if they did even reply, would be to request the V5C copy, no mention of a Certificate of Conformity.
Several letters, a subject access request by myself was ignored.
Fast forward End of 2021. Solicitors started drafting and issued a SAR to TFL, which returned back over 1000 pages. We issued a first stage complaint according to their complaints procedure - no response
We issued a second stage letter, which someone at their department replied, but didn't actually issue a final response to the second stage complaint, so now we've been waiting two months - the solicitors reissued this.
It seems TFL's strategy is to just ignore me.
I received an email out of the blue rejecting my claim for a ULEZ refund due to the T&C that I did not dispute the payment within 60 days, which quick frankly is nonsense as i've been trying to contact them since before 2021..
They adjusted the vehicles' ULEZ status without informing me or the solicitor firm. I knew this because I was using the TFL app to check the status daily as my autopay account is still suspended. (I have 8 CC PCN's going to Tribunal as a result of the autopay closing in october, due to not paying the combined balance of ULEZ/CC daily charges)
Since 2019 - i've paid over £6600 in ULEZ daily charges and a couple of ULEZ PCNS. This doesn't include the multiple thousands of pounds i've paid for the CC daily charges which automatically went to PCN fines when the autopay bounced because it was draining my finances so quickly.
I've also paid bailiffs as a result of ULEZ PCN's being passed over for debt collection.
For my solicitors which are a tier 1 firm, this is not exactly pressing. They've not chased the second stage complaint response, so it looks like we have to go to the third stage for them to issue a 'final reply' before I can either to go the London Tribunal of some sorts.
I have plently of evidence about the lack of functionality and not being able to split the charges, I have letters and emails responding with the evidence they asked in order to get the ULEZ status of my vehicle changed. It took my solicitors to contact them with the V5C and the COC from mercedes to even get a response.
I know some of you might complain about how I let this happen for so long. I tired to communicate with TFL in every free moment I had. In those 3 years I was only 25 years old scaling 3 businesses pretty much 20 hours a day 7 days a week - my health as paid for this.
Advice would be great, will keep everyone updated even during the Tribunal process.
I''ll probably end up recovering nothing after solicitor costs but I refuse to be bullied.
Below is a response from TFL back, there was then an additional response from this guy's manager asking if we had any further questions to communicate with him, but he didn't respond at all to solicitors email asking to clarify their position if this was a final response.
Lots of recorded letters from law firm to TFL, zero letters replied back 1 email response which is this.
Dear Mr xxxxx
Re: Congestion Charge (CC) exemption and Ultra Low Emission Zone (ULEZ) standards
Thank you for your reply on 10 March 2022. I apologise for the delay in replying.
I have looked into the ULEZ PCNs incurred against vehicle registration XXXX. I can inform you that following a review of the correct issue of the PCNs, we have exercised discretion and cancelled all the outstanding ULEZ PCNs.
Please note that we were not obligated to exercise discretion. Discretion was exercised, on this occasion, as you have provided valid evidence, a copy of the Certificate of Conformity, which shows that your vehicle XXXX is ULEZ compliant. We have updated our systems to ensure that no more PCN regarding ULEZ charges will be issued to your vehicle XXXX in the future. No further action will be taken in respect of the ULEZ PCNs.
The ULEZ scheme is found within the London Low Emission Zone Scheme Order 2006 as varied – the ‘Scheme Order’. A copy of the Order is available here http://content.tfl.gov.uk/lez-scheme-order.pdf. It sets out the specific vehicles affected by the schemes and how they may be compliant, and in light of this, we need to be satisfied that any vehicle meets the required emission standards to deem it as compliant with the ULEZ. The onus is on the Registered Keeper of a vehicle to prove compliance.
While your vehicle is exempt from paying the daily ULEZ charge, our records show that it is not exempt from paying the daily Congestion Charge (CC). There are several outstanding CC PCNs against your vehicle. These CC PCNs will continue to escalate if they remain unsettled. To discuss your options in respect of these PCNs, please call our Contact Centre on 0343 222 3333 between 8am and 8pm, Monday to Friday.
Finally, regarding disputing the ULEZ charges incurred on your London Road User Charging (LRUC) account, as you are aware, your LRUC account is self-managed and our Terms and Conditions state that if you wish to dispute a charge you need to do so within 60 days from the date of your statement containing the disputed charge(s) providing evidence of compliance, in this case, that your vehicle was ULEZ compliant. I am afraid that you therefore have no recourse to a refund in light of the above.
I trust this clarifies the matter, and if I can be of further help please do contact me again.
Kind regards
Neilsen Roban
Correspondence Investigations Officer
And the response from further up the chain when I told them I would be taking court/tribunal action
Dear Mr XXXX
Thank you for your email to Neilsen regarding the difficulties you’ve had with your vehicle and ULEZ payments. I am sorry you remain unhappy with our earlier response.
Neilsen has escalated this matter to me and I will review our handling of this and come back to you shortly. I have checked our records and unfortunately I can not see a copy of the letter to our General Manager. If you do have a copy of the letter I would be grateful if you could forward it to me for consideration.
While you are of course entitled to begin legal action at any point it may be easier for you to contact the Local Government and Social Care Ombudsman. They can investigate complaints of maladministration against TfL and if they find fault by us they may ask us to put things right. They can be contacted via their website www.lgo.org.uk. Usually before investigating a complaint they ask that TfL issue a final response and my response to you will outline our final position on this matter.
In the interim if you have any further questions or comments just let me know.
Kind regards
Neil Hassett
Customer Correspondence Manager
Licensing, Regulation and Charging
TfL
E: neilhassett@tfl.gov.uk
