Transport for London (TfL), after admitting that the fines were illegally issued, could be forced by Dutch lorry driver to refund millions of pounds for low emission zone fines.
The Dutch government said that it has settled a dispute over the Ulez fines. A company representing Dutch haulage companies had launched a legal challenge against the fines for the ultra-low emissions zone (Ulez), and the low emission zones (Lez) earlier this year.
TfL has been under increasing scrutiny for its Ulez charging policies and several European governments accuse it of incorrectly fining thousands of EU citizens following illegally obtaining details.
Transport in Nood BV launched a judicial appeal against TfL in this year’s high court after claiming as much as €7.5m (£6.25m ) in Ulez or Lez fines may have been issued incorrectly to the Dutch firms it represents.
Antonio Oliveira said that the fines could bankrupt many companies. One transporter of flower had nearly 400 fines totaling €400,000 (£330,000 ).
The Ulez was expanded to all 32 London Boroughs in August of last year. Vehicles that don’t meet emissions standards must pay a daily fee of £12.50, or face a fine up to £180.
The Lez is also applicable across London, and it charges heavily polluting heavy-goods vehicles for travel in the city. Companies that fail to pay can be fined up to £3,000.
TNBV filed the judicial review because the fines were illegally denominated as euros. This is against UK law, which states that all fines must be in pounds.
The claim was that the Lez fines were calculated using an excessively high rate of exchange, e.g. drivers were charged €3,600 (£3,200 ) when the maximum penalty for Lez should be £3,000.
The report also revealed that TfL’s contractor Euro Parking Collection added a 5% fee to each fine.
TNBV stated that TfL has admitted that the fines should not have been in pounds but should instead have been charged.
TfL’s spokesperson stated: “We are settling a claim that relates to penalty charges issued by the Netherlands to haulage firms.” This agreement is subjected to court approval.”
TfL wants to refund only the additional 5% on each fine. The amount of refunds to be given will be determined at the next hearing scheduled for 5th November.
TfL, EPC and other agencies are being pressed to change the way they apply fines for individuals and companies based in Europe.
Five EU countries have accused TfL of illegally obtaining names and addresses of citizens to issue over 320,000 fines.
Transport authorities in Belgium (Belgium), Spain, Germany, and the Netherlands claim that TfL illegally obtained these details through EPC.
The claim comes after EU residents who were caught in London’s clean air zones were billed up to £11,000.
TfL stated at the time, that in spite of the absence of data-sharing agreements between EU countries and the UK, “local laws”, allowed the UK to share information about vehicle owners with TfL for the enforcement traffic regulations.
Oliveira commented on the Dutch settlement: “We have suspected for a long time that something is not right… EPC adds an illegal surcharge at least 5% of every fine they’ve ever issued.”
This discovery shows the importance of challenging these practices collectively as a group. These illegal actions cannot be ignored.
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