As London’s ultra-low emission zone (Ulez) expansion takes effect today, cracks are appearing in the edifice of Sadiq Khan’s war on polluting vehicles. Although a court recently ruled that it was within the London mayor’s power to proceed with the expansion, its implementation is facing fresh, and potentially terminal, challenges.
Noel Willcox, who runs a Hertfordshire scaffolding company, accumulated £11,500 in fines under the existing low emission zone for driving a non-compliant vehicle to and from north London. Mr Willcox refused to pay and argued that signs advertising the zone did not provide details of the charges or the fine to be incurred.
A tribunal agreed that without adequate explanation of the charging scheme, no penalty was payable. This has significant implications for people living outside of London driving into the zone since many neighbouring local authorities are refusing to erect signs to alert motorists.
Astonishingly, Transport for London (TfL) submitted no evidence to show that the signs were legal. It must now be at least debatable whether drivers entering the zone from outside will have to pay and there are bound to be further challenges. Moreover, TfL may now face a flood of appeals from those who can argue they were penalised unjustly.
There was also good news for those who do have to pay. Self-employed traders have said they cannot afford to change their vehicles and face paying £12.50 per day driving around the capital. HMRC has reportedly accepted that the charge can be offset against tax provided it is incurred wholly and exclusively in connection with work. Mr Khan may want to explain to taxpayers outside London why they are funding his Ulez scheme.