European drivers could be paid back ULEZ and LEZ fines after a legal challenge against TfL (Picture: Getty Images)
Millions of pounds in ULEZ penalties may have to be paid back to European drivers following a legal challenge.
Lawyers representing Dutch lorry firms say fines worth up to £6.5 million have been issued unlawfully.
They have launched a legal challenge against TfL and its debt collection agency Euro Parking Collection (EPC), The Telegraph reports.
It’s the first legal challenge against both organisations and if successful could lead to more cases being brought before the courts.
Sadiq Khan’s controversial ULEZ (Ultra Low Emissions Zone) scheme, which was launched in central London in 2019 and extended to all London boroughs on August 29 this year, requires drivers with vehicles that don’t comply with certain emissions standards to pay a daily £12.50 charge.
Those who fail to pay the charge can be fined up to £180.
There is also the Low Emission Zone (LEZ), which covers most of Greater London and requires drivers of high-polluting heavy goods vehicles to pay a charge or face fines of up to £3,000.
A firm representing a number of Dutch lorry companies say their clients have been unlawfully fined
Both UK and non-UK drivers must abide by the ULEZ and LEZ rules, and TfL can use EPC to issue fines to those from outside the country.
Several individuals and firms from across Europe have criticised the schemes, with many claiming the rules are not adequately advertised so it’s easy for drivers to get caught out.
Now, Transport in Nood BV, a Dutch firm which is 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.
It claims some companies have been left bankrupt by the ULEZ and LEZ fines.
Antonio Jose Calado Oliveira, owner of Transport in Nood BV, told The Telegraph: ‘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.’
Mayor of London Sadiq Khan extended the ULEZ zone to the whole London on August 29
He provided one example where a lorry driver who transports flowers to London was issued with nearly nearly 400 fines, which cost him just under €400,000.
Mr Oliveira said penalties accumulated by drivers over a period of time had often been sent out in bulk by EPC, meaning some firms got hundreds of fines in a single day.
The firm claims that if the fines had been sent out one by one as and when drivers inadvertently entered the zones the drivers could have changed their behaviour much earlier to avoid future penalties.
It also says EPC is using an excessively high exchange rate when converting the fines.
Mr Oliveira said: ‘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.’
The legal challenge against TfL claims ULEZ rules are not advertised well enough
He said his firm is only working with Dutch companies, but believes huge numbers of individuals and businesses across Europe will have been similarly affected.
Transport in Nood BV has enlisted UK law firm Smith, Bowyer and Clarke to represent them.
A TfL spokesperson told Metro.co.uk: ‘We have received a claim relating to Penalty Charge Notices from claimants based in the Netherlands and are considering our response.
Lawyers representing Dutch lorry firms claim fines have been issued unlawfully.