Transport for London may have to refund £6.25 million in fines linked to London’s Low and Ultra Low Emission Zone following a substantial legal challenge by a firm representing Dutch haulage firms.
Transport in Nood BV (TNBV) launched a judicial review in the high court, claiming fines issued to its member companies could have been wrongly issued over ULEZ, which was implemented by Sadiq Khan in 2019.
TfL agreed to settle the claim regarding the ULEZ and Low Emission Zone (LEZ) fines, acknowledging they were issued unlawfully, but the amount is under contest.
TNBV launched the review on the grounds that fines were unlawfully issued in euros, which goes against UK legislation.
It also claimed an excessively high exchange rate was used, with drivers being charged up to £200 more than the maxium £3000 LEZ fine penalty (€3,600).
The review noted a 5% administrative fee was also added to each fine by TfL’s contractor Euro Parking Collection (EPC).
Owner of TNBV Antonio Oliveira said the fines would bankrupt some companies, noting one hauler which transports flowers faced fines totalling nearly £330,000.
Despite agreeing to settle the case, TfL is fighting to refund the additional 5% fee on each fine, rather than the full amount.
It could be the start of a much larger problem for TfL, potentially acting as a springboard for other companies to come forward.
The controversial ULEZ zone now covers all 32 London boroughs and requires vehicles that do not comply with emission standards to pay a £12.50 daily charge, or face a fine of up to £180.
The LEZ applies across London and charges vehicles with high emissions to travel in the city, with a punishment of up to £3,000 for non-payment.