TfL May Repay Millions in Unlawful Fines to Dutch Lorry Drivers
Transport for London (TfL) is facing significant financial implications after acknowledging that fines issued to Dutch lorry drivers were unlawfully processed. A legal challenge initiated by Transport in Nood BV (TNBV), representing multiple Dutch haulage companies, revealed that fines related to the ultra-low emission zone (Ulez) and low emission zone (Lez) were improperly denominated in euros, contrary to UK legislation requiring penalties to be expressed in pounds. TNBV claimed that as much as €7.5 million in fines could have been incorrectly issued, with some companies facing bankruptcy due to excessive charges.
The Ulez, which expanded in August 2023 to encompass all 32 London boroughs, mandates that vehicles not meeting emissions standards pay a daily charge of €14 or risk a fine of up to €200. Similarly, the Lez imposes charges on heavily polluting heavy goods vehicles, with penalties reaching as high as €3,600. TNBV highlighted that an inflated exchange rate was applied to these fines, leading to significant overcharging, including a €3,200 penalty for Lez violations, exceeding the legal maximum of €3,000.
TfL has agreed to settle the claim regarding the fines, although disputes remain over the refund amounts. While TNBV seeks full reimbursement of the fines, TfL has indicated it will only refund the additional 5% administrative fee added by its contractor, Euro Parking Collection (EPC). The final determination of the refund amount is set for a high court hearing scheduled for November 5.
The situation has drawn attention from several European governments, which have accused TfL of unlawfully acquiring personal data of EU citizens to issue fines. Following Brexit, the UK lost automatic access to EU residents’ details, yet TfL has been criticized for allegedly obtaining this information through EPC. The controversy highlights the challenges faced by transport authorities in navigating cross-border data sharing and compliance with GDPR regulations.
Source: TfL could be forced to pay millions over Dutch lorry drivers’ low emission zone fines
