December 27th 2023.
European drivers may be due a refund on ULEZ and LEZ fines following a legal challenge against TfL. According to The Telegraph, a Dutch firm representing several lorry companies are claiming that fines worth up to £6.5 million were issued unlawfully. This could lead to further legal cases being brought before the courts.
The ULEZ scheme, introduced by Sadiq Khan in 2019 and extended to all London boroughs this year, requires drivers of vehicles that don't meet emissions standards to pay a daily charge of £12.50 and can face fines of up to £180 for non-payment. The LEZ applies to high-polluting heavy goods vehicles and those who fail to pay the charge can be fined up to £3,000.
Transport in Nood BV, a Dutch firm employed by Dutch travel companies to manage and pay fines, has applied for permission to launch a judicial review against TfL in the High Court. They allege that some companies have been left bankrupt due to the fines and that individuals and firms from across Europe have been unlawfully fined as the rules are not adequately advertised.
The owner of Transport in Nood BV, Antonio Jose Calado Oliveira, gave an example of a lorry driver who transports flowers to London and was issued with nearly 400 fines costing €400,000. Mr Oliveira added that many companies had been receiving hundreds of fines in a single day as they were sent out in bulk by EPC. He also said they were using an excessively high exchange rate when converting the fines.
The firm is now hoping to get the fines repaid and their court costs too, and believes that there could be many more individuals and businesses across Europe that have been similarly affected. They have enlisted UK law firm Smith, Bowyer and Clarke to represent them.
A spokesperson from TfL has confirmed that they received a claim from claimants based in the Netherlands and are currently considering their response. The Metro has contacted EPC for comment.
It is clear that the ULEZ and LEZ rules have had a significant financial impact on many individuals and businesses, with TfL making £22.8 million in ULEZ fines in September alone. With this legal challenge now underway, we must wait and see if this will lead to drivers being refunded.
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