Blow for Sadiq Khan as European drivers challenge Ulez fines

Transport in Nood BV is employed by logistics and travel companies in the Netherlands to manage and pay fines and charges that have been issued by the police or authorities inside and outside the country.

It has enlisted Smith, Bowyer and Clarke, a UK law firm, to represent it. The firm has submitted an application for the case to be heard in the High Court, and said it decided to take action after its clients received more than 10,000 fine notices from TfL through EPC from November last year.

The majority of these fines arrived at the same time, it said, meaning that last November some companies received hundreds of fines in one day, costing tens of thousands of euros.

Mr Oliveira said one lorry driver who transports flowers to London racked up nearly 400 fines, costing him just under €400,000.

The Telegraph understands the grounds the company has put forward for the challenge include claims that the fines were unlawfully denominated into euros, which goes against UK legislation indicating that all fines should be given in pounds. 

It also claims the EPC is using an excessively high exchange rate when converting these fines. It has said that the maximum penalty for Lez should be £3,000 but is being issued at €3,600 (£3,200) when Dutch drivers are receiving fines.

Another key claim will centre on the fact that, in many cases, multiple fines were sent at the same time. The case will argue that if fines were sent as and when they happened, drivers and companies may have been able to change their behaviour to avoid further sanctions.

Mr Oliveira has said the case will revolve around 10 of Transport in Nood BV’s clients, but it could launch a new case with more clients depending on if it gets to the High Court and whether it is successful. 

He added that the majority of fines challenged on an individual basis had been overturned, but the volume and principle of this had led it to go down the legal route.

Earlier this year, The Telegraph reported that tens of thousands of fines for European drivers had to be rescinded after it issued them to motorists with cars that were compliant with Ulez emission standards.

It was also revealed that, in France alone, 79,160 penalty charge notices were sent out in October and November last year, compared to 19,000 for the 10 months before.

A TfL spokesman said: “We have received a claim relating to penalty charge notices from claimants based in the Netherlands and are considering our response.” 

The Telegraph has attempted to contact EPC.

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