A trucking company in the Netherlands is preparing to enter into a legal battle with Transport for London regarding Ultra Low Emission Zone (ULEZ) fines totaling £6.5 million. Lawyers representing the Dutch firm have alleged that the fines imposed were unlawful, marking the first instance of foreign drivers taking legal action against TfL and its debt collection agency Euro Parking Collection (EPC).
If TfL and EPC are unsuccessful in the impending court case, a significant amount of ULEZ fines may need to be repaid. Additionally, this could open the door for similar claims from other non-UK companies, as reported by the Telegraph.
To recap, the ULEZ was implemented across London to address the city’s air pollution, with drivers of non-compliant vehicles required to pay a daily fee of £12.50. Failure to pay this charge may result in a fine of £180. Additionally, London enforces a Low Emission Zone (LEZ), which requires heavy goods vehicle operators to pay for entry into the capital and penalizes non-payment with fines of up to £3,000.
The fines issued by EPC on behalf of TfL target foreign drivers and companies who are subject to these penalties. In response to the impending challenge, a TfL spokesperson stated, “We have received a claim relating to Penalty Charge Notices from claimants based in the Netherlands and are considering our response.”
Under the representation of Transport in Nood BV, dozens of lorry firms are seeking permission to initiate a judicial review, asserting that TfL unlawfully issued fines to Dutch companies. These companies are believed to have received an estimated £6.5 million in LEZ and ULEZ penalties erroneously. According to Antonio Jose Calado Oliveira, owner of Transport in Nood BV, the impact of these fines has been severe for many individuals and businesses. He emphasized that the primary objective of their claim is to secure refunds for already paid fines and seek compensation for court costs.
The legal firm Smith, Bowyer and Clarke has been appointed by Transport in Nood BV to represent them, leading the submission of an application for the case to be heard at the High Court.
Furthermore, part of the assertion put forth by Transport in Nood BV is that multiple LEZ and ULEZ penalties were issued simultaneously, depriving the affected firms of the opportunity to respond in a timely manner. It has also been alleged that these fines were denominated in euros, contrary to British law which specifies that fines should be conveyed in sterling.
In light of these developments, Mr Oliveira underscored the pivotal nature of their High Court bid, which is set to initially encompass 10 clients of Transport in Nood BV. Nevertheless, these proceedings could potentially extend to include other companies represented by the firm, should the initial case yield a favourable outcome.
The upcoming legal dispute between the Dutch lorry company and TfL serves as an intriguing development in the ongoing ULEZ and LEZ fines saga. With the potential for far-reaching implications, the outcome of this legal challenge will undoubtedly be closely monitored not only by the parties involved but by individuals and entities impacted by these regulations.
