ULEZ: Dutch lorry firms launch High Court challenge over £6.5m in fines in blow to Sadiq Khan
Transport for London (TfL) could be forced to pay back millions in ULEZ fines after Dutch lorry firms launched a first-of-its-kind legal challenge over penalties issued to foreign drivers.
Lawyers acting on behalf of the companies argue up to £6.5m in fines were issued unlawfully by low-emission schemes in London and have a launched a legal review against TfL in the High Court.
It marks the first legal challenge against TfL and its debt collection agency, Euro Parking Collection (EPC), over fines to foreign drivers and could open the doors for further challenges.
The London ULEZ zone forces drivers of non-emission compliant vehicles to pay £12.50 per day, or face fines of up to £180. The controversial scheme was expanded across all of the capital’s boroughs in August after Mayor Sadiq Khan won a legal battle against a coalition of Conservative-led boroughs.
TfL also applies low emission zone (LEZ) charges across London, which cover polluting heavy goods vehicles and charge fines of up to £3,000.
Both zones apply to international residents and companies. This has prompted a string of complaints from European Union (EU) firms who have unknowingly strayed into the charging areas, without realising they are subject to fines.
Transport in Nood BV, a Dutch company representing a number of lorry firms, has applied for permission to launch a judicial review against TfL. It argues TfL has been unlawfully issuing fines to groups in the Netherlands, claiming as much as €7.5m (£6.52m) in ULEZ and LEZ charges may have been wrongly doled out.
Owner Antonio Oliveira told the Telegraph the company was launching the case because of unfair fines that had bankrupted some firms. He said: “People have been really impacted. I have seen people in tears over this, others have had to sell their trucks. It is completely unjust, and we need to get an answer from an English court to find out if this is correct.
“We are launching this claim to get the fines that have already been paid to be repaid, and the court costs. We are talking millions of pounds. We are only talking about Holland – it must be even greater across Europe. We are not the only country, of course.”
The Dutch transportation firm said its decision to take action came after clients received more than 10,000 fine notices from TfL through EPC, from November last year. It claimed one lorry driver transporting flowers to London was forced to cough up close to €400,000 after nearly 400 fines.
According to the Telegraph, the grounds put forward by Transport for Nood BV include claims fines were unlawfully denominated in euros, which would go against UK legislation indicating fines should be given in pounds. The firm also argues the EPC is using an unreasonably high exchange rate when converting the fines.
A separate claim could centre on the timing of fines issued, with the case arguing that if fines were sent immediately after the incident, recipients would have adjusted their behaviour in time to avoid further penalties.
A TfL spokesperson said: “We have received a claim relating to Penalty Charge Notices from claimants based in the Netherlands and are considering our response.”
Morning Wire attempted to contact the EPC for comment.