A group of Dutch hauliers says it has moved one step closer to getting its ULEZ fines quashed after TfL acknowledged that the fines were imposed unlawfully as they were issued in a currency other than British pounds, which is against the regulations. 

The ten Dutch hauliers launched a legal action against Transport for London (TfL) and its debt collection agency Euro Parking Collection (EPC) in the High Court, in January this year, claiming that they were unlawfully issued with ULEZ fines.

They are attempting to overturn tens of thousands of pounds of ULEZ fines and for TfL to pay their court costs.

If the action succeeds it could result in a welter of similar claims against TfL from other hauliers across Europe.

The hauliers claim around €7.5m (£6.5m) in ULEZ and LEZ fines could have been wrongly issued to them whilst travelling within TfL’s charging zones in London and Greater London.

In a recent update on its website, Transport in Nood (TiN), which is representing the ten Dutch hauliers, said TfL has now conceded a number of key points, following “extensive” negotiations with TFL, which, it claims, is “making every effort to avoid a full trial”.

TiN, which is employed by Dutch hauliers to manage and pay fines and charges issued by the police or authorities inside and outside the country, said that the key points include “acknowledgement the fines imposed were unlawful, as they were issued in a currency other than British pounds, which is against the regulations.

“Furthermore, they acknowledged that additional administrative fees were wrongly charged. We now have it in writing that Euro Parking Collection added at least 5% on top of the original fines as administrative costs without clearly stating this.”

According to TiN, TfL’s concessions “essentially means that we have won the case. Together with TFL, we have submitted a joint request to the High Court in London for an order to confirm these positions. This order is crucial for the continuation of the case.”

However it added: “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.

“Moreover, TFL has indicated that they plan to issue new, lawful 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 next hearing is scheduled for November 5th, where TiN’s lawyers and TFL’s lawyers will face each other in the High Court. 

A TfL spokesperson said: “We have agreed to settle a claim, which relates solely to a number of penalty charges issued to haulage companies based in the Netherlands. This agreement is subject to approval by the court.”

It is understood that any financial remedies following the settlement have yet to be agreed and may be subject to a decision by the court.

 

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