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TfL admits ULEZ fines issued to Dutch hauliers in foreign currency were illegal

Transport for London has admitted that ULEZ fines issued to Dutch hauliers in foreign currency were illegal, but despite this, hauliers will not see any immediate refunds as disputes over the fines continue.

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Transport in Nood (TiN) has announced progress in its lawsuit against Transport for London (TfL) and Euro Parking Collection (EPC) regarding fines issued under the Ultra Low Emission Zone scheme. TiN reported that TfL has admitted the fines were unlawful because they were issued in a currency other than British pounds, which is against the regulations. 

Additionally, TfL acknowledged that EPC added at least 5% in administrative fees without proper disclosure.

Despite these admissions, TiN stated that the fines will not be immediately cancelled, and there is an ongoing dispute over refunds. TfL is only willing to refund the administrative fees but not the fines themselves, a position TiN rejects.

TfL also plans to issue new fines in British pounds without additional charges, which TiN intends to challenge.

The next hearing in the case is scheduled for 5 November 2024 at the High Court in London, and TiN has requested affected hauliers to submit their payment receipts as part of the legal proceedings.

The legal dispute began in early 2024 when a group of ten Dutch haulage companies, represented by TiN, initiated a lawsuit against TfL and EPC, contesting the fines they had received under the ULEZ regulations. These fines, amounting to approximately £6.5 million, were imposed on vehicles entering London’s low-emission zones without meeting the required environmental standards.

TiN, which manages and pays fines for Dutch hauliers, argued that the fines were not only issued unlawfully but were also delivered in bulk, causing significant financial strain on the companies. Some hauliers received hundreds of fines in a single day, with one driver facing nearly 400 fines amounting to over £347,000. This situation led to severe financial difficulties for several businesses, with some being forced to sell assets to cover the fines.

The companies launched the lawsuit in the High Court in London, seeking to overturn the fines and secure refunds. The case could have broader implications for hauliers across Europe who have also been affected by ULEZ fines issued by TfL through EPC.

Lawyers representing the hauliers argue that the fines were not issued promptly, preventing drivers from adjusting their behaviour and avoiding further penalties. If successful, the case could pave the way for similar claims from other European hauliers.

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