Dutch lorry drivers fined for being in low emission zones in London
Credit: X:@Motor_Transport
Transport for London (TfL) could face a substantial financial setback after it was revealed that fines imposed on Dutch lorry drivers for low emission zone violations were illegal.
Following judicial investigation, it was found that TfL had wrongly and unlawfully issued the fines to Dutch drivers in Ultra low emission zones (Ulez) and Low emission zones (Lez). The complaint was raised by a representative for dozens of Dutch haulage companies and comes amid a period of scrutiny for TfL, as European governments have criticised its low emission zone policies as well as further illegal undertakings: soliciting the details of thousands of EU citizens in order to issue them with a fine.
Dutch lorry companies at point of bankruptcy following fines
The Ulez and Lez zones operate in many boroughs across London. Ulez now covers all 32 boroughs after doubling in size last year. Vehicles not complying with low emissions benchmarks are forced to pay a £12.50 charge per day; if the payment is not made, a £180 fine can be issued. London also has a Lez which charges heavy vehicles with high pollution rates across the city. Failure to pay results in an even heftier fine of £3,000 for the company. Some companies have had so many fines issued that they are in danger of going bankrupt. Antonio Oliveira, owner of Transport in Nood BV (TNBV), a Netherland-based service provider in Europe that focuses on solutions to simplify operations carried out by commercial road transport companies, said that fines for one flower transport company had racked up to €400,000 (£330,000), following 400 fines.
TNBV was behind the judiciary investigation and went on to accuse TfL of issuing fines in the wrong currency: in accordance with UK legislation, all fines must be issued in pounds and not euros. Adding to the allegations, it was found that TfL had also bumped up fine charges in Lez, from the agreed penalty of £3,000 to €3,600 (£3,200) with an added 5% administrative fee – just for good measure. TNBV claimed that almost €7.5m (£6.25m) in Ulez and Lez fines had been wrongly charged to the Dutch companies and that repayment was mandatory. However, as a TfL spokeperson confirmed: “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.”
TfL breached Brexit agreements whilst fining EU citizens
Some of the accusations made have been refuted by TfL and both parties remain in dispute over the amounts to be refunded. The gross amount will be decided in an upcoming court hearing on November 5. What is certain is that TFL is under rising pressure from Europe regarding their management of fines and low emission zones. Obtaining personal details from EU citizens to issue more than 320,000 fines was completely unlawful given that the UK had been prohibited since Brexit from having automatic access to EU residents’ details. The UK has already been in the limelight as five EU countries have accused it of illegal acts and of massively overcharging EU citizens.
Oliveira commented on the Dutch settlement saying: “We had long suspected that something was not right.” He surmised: “This discovery highlights the importance of collectively challenging such practices as a group. It is clear that these unlawful actions must not go unopposed.”
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