Photo: Matt Brown (Flickr)

TfL forced to repay ‘unlawful’ low emission zone fines

21 October 2024

by Christopher Carey

Transport for London (TfL) may have to repay millions of pounds in low-emission zone fines handed out to Dutch haulage drivers after agreeing they had been issued unlawfully.

The transport authority said it had agreed to settle a claim regarding Ultra Low Emission Zone (ULEZ) and Low Emission Zone (LEZ) fines after a company representing Dutch haulage companies launched a legal challenge earlier this year.

“We have agreed to settle a claim, which relates solely to a number of penalty charges issued to haulage companies based in the Netherlands,” a TfL spokesperson confirmed.

“This agreement is subject to approval by the court.”

The exact amount of refunds will be decided at a court hearing on 5 November.

Background

Transport in Nood BV (TNBV), launched a judicial review against TfL and Euro Parking Collection (EPC) earlier this year claiming that as much as €7.5 million (US$8.11 million) in fines could have been wrongly issued.

The fines related to the ULEZ (which requires non-compliant vehicles to pay a £12.50 daily charge or face a fine of up to £180) and the LEZ (an additional £100-300 daily charge which applies to polluting heavy goods vehicles with fines of up to £3,000 for non-payment).

“TfL has admitted that the fines they imposed were unlawful, as they were issued in a currency other than British pounds, which is against the regulations,” a statement on the TNBV website said.

“Furthermore, they acknowledged that additional administrative fees were wrongly charged. We now have it in writing that EPC added at least five percent on top of the original fines as administrative costs without clearly stating this.

“While this is a significant step forward, it does not mean that the TFL and EPC fines will be immediately cancelled, nor does it mean that paid fines will be refunded right away. There is currently a dispute over the amount that should be refunded.

“TfL has stated that they are only willing to refund the additional increases above the original fines, but not the fines themselves. We cannot agree with this position, as the fines have been deemed unlawful in their entirety.”

The company added that TfL has indicated they plan to issue new fines, this time in British pounds and without additional charges.

“If this happens, we will need to contest these fines again. This is not something we can accept, and we expect the court to rule that this will not be possible.”

The news comes months after The Guardian revealed hundreds of thousands of EU citizens were wrongly fined for driving in the ULEZ after their data was obtained illegally.

Crackdown

Last week, Transport for London announced that over 1,400 vehicles have been seized from drivers who have consistently refused to pay fines relating to the ULEZ.

According to the TfL £710,000 has been raised from the sale of nearly 800 of these cars and over £25 million has also been recouped by bailiffs working on TfL’s behalf.

The figures, which cover the 12 months up to the end of July, come a year after the mayor of London, Sadiq Khan, extended the ULEZ to cover all 32 London boroughs from a previous zone that covered the area between the UK capital’s north and south circular roads.

“The most recent data shows that on average, over 96 per cent of vehicles seen driving in the ULEZ are compliant,” said Alex Williams, TfL’s Chief Customer and Strategy Officer.

“We want to send a clear message to vehicle owners that if you receive a penalty charge for driving in the zone, you should not ignore it. Your penalty will progress to enforcement agents to recover the fines that you owe, and there is a risk that your vehicle and other items of property will be removed.

“The aim of the ULEZ is to clean up London’s air and remove old polluting cars from the road so no drivers need to pay and no fines occur. There is only a small minority of drivers who are eligible for the charge, and even fewer who are refusing to pay – but we encourage anyone experiencing financial difficulties not to ignore penalty charge notices, and to engage with our staff, who will work with you towards a resolution, including setting up debt payment plans.”

Latest figures show that over £370 million is owed in unpaid ULEZ charges and last week the London Assembly wrote a letter to Mayor Khan calling for collections to be increased.

Image: Matt Brown (Flickr)

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