Lawyers representing Dutch lorry drivers have taken legal action against Transport for London (TfL) over fines issued for driving non-compliant vehicles in the ultra low emissions zone (ULEZ). The fines, totaling up to £6.5 million, were issued in Euros instead of pounds, leading to the first legal challenge against TfL and its debt collection agency, Euro Parking Collection (EPC). If successful, this challenge could prompt a wave of court cases and put a dent in Mayor Sadiq Khan’s ULEZ scheme.
The ULEZ scheme, which was introduced in April 2019 and expanded to cover all London boroughs, involves a daily charge of £12.50 for non-compliant vehicles or a fine of up to £180. There is also a low emission zone (LEZ) in place, which requires higher daily charges for non-compliant vehicles based on size and weight. Fines for non-payment of LEZ charges can range from £500 to £2,000 per day.
Non-UK residents and companies are subject to both ULEZ and LEZ charges, and TfL uses ECP to issue and pursue the fines outside the UK. This has led to complaints from individuals and companies in the European Union regarding unclear signage and a lack of information about the penalties. As a result, a Dutch company representing lorry firms has applied for permission to launch a judicial review against TfL, claiming that fines of up to €7.5 million had been unlawfully issued to businesses in the Netherlands.
Antonio Oliveira, the owner of Transport in Nood BV, expressed the impact of these fines on individuals and companies, stating that they are unjust and have caused significant financial burdens. The Dutch firm contends that the fines were unlawfully denominated in euros, contrary to UK legislation, and used a high exchange rate, making them more expensive for drivers in the Netherlands. They also argue that if the fines had been sent immediately when the drivers were caught, drivers could have modified their behavior to avoid further fines.
TfL has acknowledged the claim and stated that they are considering their response. The outcome of this legal battle may have far-reaching implications for the enforcement of ULEZ and LEZ fines and could potentially result in the repayment of millions of pounds in fines.