Anti-ULEZ protesters are using a pioneering test case to challenge the Ultra-Low Emission Zone (ULEZ) regulations in the hopes of setting a precedent for future appeals against fines. Noel Willcox, a scaffolder who previously faced penalties for driving his company’s truck into the Low Emission Zone (LEZ) in London, won his case after it was ruled that the existing signs for the scheme did not adequately inform drivers about the charges. Although the tribunal’s decision does not have universal legal authority, Willcox has launched a crowdfunding campaign to initiate a test case aimed at proving that all signs in the extended ULEZ violate road traffic laws.
If successful, this legal action could lead to refunds for drivers who have been charged £12.50 per day for bringing older or high-polluting vehicles into the ULEZ. Willcox, a resident of Berkhamsted, Hertfordshire, is seeking justice not only for himself but also for the thousands of motorists penalized in these zones. He argues that the current signage fails to clearly communicate the potential charges to drivers and believes that TfL’s low emission zone policies, including ULEZ and its expansion, are fundamentally unlawful.
Willcox has disclosed email communications from lawyers alleging deliberate stalling tactics by TfL in the judicial process. He claims that TfL has attempted to derail the process despite clear court orders for immediate repayments. He believes that TfL’s actions are a deliberate attempt to withhold payments that would set a legal precedent for all motorists under the low emission zone signs. Howard Cox, the founder of FairFuelUK, has criticized TfL and Mayor Sadiq Khan for their handling of the case, accusing them of deceitful political morals. Cox asserts that TfL has consciously overcharged drivers with emissions fees and fines and has disregarded the law by refusing to comply with court orders for reimbursements.
Willcox also points out inadequacies in the signage and road markings within the zones, arguing that these deficiencies make the entire system non-compliant with road traffic regulations and therefore unlawful. He believes that there is a lack of clarity regarding the charges and compares TfL’s practices to speed traps that lack transparent information for motorists. He emphasizes the need for boundary signs and specific charging area markings on roads. Willcox is determined to seek justice not only for himself but for thousands of motorists impacted by penalties in these zones.
A TfL spokesperson responded to the claims by stating that the LEZ signs were deemed lawful by the Department for Transport in 2008. They attributed the ruling against TfL in Willcox’s case to a processing error and stated that no fines were paid by him, so no refunds have been issued. However, there is an ongoing case between TfL and Willcox regarding outstanding refund claims for daily charges.