In a recent development, the group Transport in Nood BV (TNBV), representing numerous Dutch haulage companies, announced a significant legal victory earlier this year involving fines related to London’s ultra-low emission zone (Ulez) and low emission zone (Lez). The Transport for London (TfL) organization has conceded that millions of pounds in fines issued to Dutch truck drivers may have been unlawfully charged.
In an exclusive interview, TNBV owner Antonio Oliveira discussed the implications of this legal battle. “We initiated a judicial review against TfL after realizing that the fines, totaling approximately €7.5 million (£6.25 million), could have been wrongfully assessed against the companies we represent,” he explained. “Some firms are facing bankruptcy due to these fines. One flower transportation company alone accumulated nearly 400 fines, amounting to €400,000 (£330,000).”
What sparked this legal scrutiny? Oliveira pointed to flaws in the fee structure: “The Ulez expansion, which grew to cover all 32 London boroughs, imposes a £12.50 daily charge on non-compliant vehicles, with fines reaching up to £180 for non-payment. Meanwhile, the Lez penalizes heavily polluting trucks with fines that can soar to £3,000. We found that TfL unlawfully issued fines in euros, which contradicts UK legislation requiring fines to be denominated in pounds.”
The investigation revealed another concerning issue—a higher exchange rate was apparently applied, leading to drivers being charged €3,600 (£3,200) for Lez fines, exceeding the maximum penalty. Additionally, a 5% administrative fee was added to each fine by TfL’s contractor, Euro Parking Collection (EPC).
Despite the settlement agreement, disputes still persist over the refund amounts. “TfL has acknowledged the need to issue fines in pounds and remove any added charges,” Oliveira noted. However, he expressed concern over TfL’s proposal to refund only the 5% administrative fee, rather than the full amounts of the fines.
With ongoing scrutiny of TfL’s handling of penalties, it’s important to consider the broader context. Oliveira emphasized, “Five EU nations have accused TfL of illegally accessing personal information of their citizens to issue over 320,000 fines. Since Brexit, the UK no longer has automatic access to such data, yet allegations indicate that this information was obtained unlawfully through EPC, leading some EU residents to receive hefty bills up to £11,000.”
Reflecting on the importance of this case, Oliveira stated, “This situation demonstrates the critical need to challenge these unfair practices collectively. We cannot allow unlawful actions to continue unchecked.” The next court hearing, set for November 5, will determine the final refund amounts, leaving many in the industry awaiting a significant resolution.