Hated ULEZ expansion in chaos after landmark legal ruling that signage is UNLAWFUL – and you could get your money back
LONDON Mayor Sadiq Khan’s hated ultra-low emission zone was in chaos last night following a landmark legal verdict.
Scaffolder Noel Willcox — hit with £11,500 in penalties — won a ruling that key signs for its sister scheme are not lawful.
And he believes his win paves the way for others to fight charges when Khan’s Ulez expands to cover the whole of Greater London tomorrow.
It comes as a study showed 75 per cent of motorists win their appeals over charges for clean-air zones outside the capital.
Noel, 48, ran up his huge bill from a company truck heading to and from a depot in Harefield, North West London.
Under the Low Emission Zone (Lez), polluting vans and HGVs must pay up to £300 a day or face big fines.
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Noel refused to pay and an appeal tribunal ruled in his favour, saying Transport for London’s Lez signs are not “authorised and lawful”.
He said: “The Road Traffic Act states if there is a risk that motorists are going to be charged, you have to let them know.
“But the low emission zone signs just say ‘Lez’ or ‘Ulez Zone’. They don’t make it clear about charges.”
The win by Noel, of Berkhamsted, Herts, is not binding in other courts, but celeb lawyer Nick “Mr Loophole” Freeman said: “It’s what’s known as ‘persuasive’, which means it can be used in other cases.”
He added of the signs: “Just saying you are in a zone is, by itself, meaningless.”
“They need to tell you not just where you are but what happens, in other words a charge could be incurred.
Nick Freeman added: “Because that hasn’t happened, the signs are neither use nor ornament.
"They are not fit for purpose and might as well not be there."
“Because this was a hearing at the first level it is not legally binding.
“But it is what’s known as ‘persuasive’, which means it can be used in other cases.
“I believe the tribunal made the right ruling and TfL have got it wrong.
“In my view there is insufficient information on the signs. They don’t comply with the regulations
“It speaks volumes that TfL were given an opportunity to produce evidence that these signs were compliant with the Traffic Signs and Directions 2016 and they completely ignored it.
“They had the chance to appeal but they didn’t do that. Instead they sent the bailiffs after Noel Willcox, which shows total contempt.”
TfL insisted the Lez signs were deemed lawful by the Department of Transport in 2008.
It added: “We are investigating why the correct evidence was not submitted.”
Cost of working
IT CONSULTANT Markus Thompson will have to pay £87.50 a week to go to work and ferry his two daughters around.
Markus, 51, of Cockfosters, uses his 2014 diesel E-class Mercedes five days a week to see clients.
At weekend he uses it to take daughters Lola, 13, and Betty, nine, on outings.
He said: “The car is worth £7-8,000 but I will only get two grand for it under the Mayor’s scrappage scheme.”
'Forced off road'
RETIRED policeman Roger Whipp will have to pay £12.50 every time he and wife Margaret want to drive to the supermarket.
Roger, 75, of Romford, Essex, splashed out on a new Hyundai estate nine years ago.
He said: “At my age I cannot afford a new car.
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"After 57 years of conviction-free driving I’m being forced off the road.
“I already pay more on my road tax and at the pumps as a diesel driver.”
Time to object to shifting car rules
By Laura Dodsworth
ULEZ is coming to towns and cities all over the country according to Labour. And don’t I know it.
It’s coming to my area tomorrow, courtesy of Mayor Sadiq Khan’s expansion.
Although I live 15 miles outside London, I am close to a section of Kingston which juts out into our semi-rural area.
This crossroads is how traffic accesses the M25, A3, Chessington World of Adventures and, of course, lots of businesses.
Despite being nowhere near the city congestion, people will be forced to pay £12.50 to commute.
I bought my diesel when it was the environmentally-friendly thing to do.
Do you remember when we were told diesel cars were more efficient?
Like many environment pronouncements, things change. Diesel is out, new electric vehicles are in.
There are a few problems.
First the lack of public transport in our area as an alternative. So we have to keep driving.
Second, trading up a car is costly at the best of times, let alone for an expensive electric vehicle.
Even if I could afford it, there is a third problem: like so many in flats or small houses, I don’t have anywhere to plug one in.
Those who come up with these ideas have no idea how people live.
Some call opposition to Ulez right-wing.
They could not be more wrong.
Those who object are ordinary people.
We are being nudged to give up our cars. Did you vote for that?
If you want to keep your car, get behind The Sun’s Give Us A Brake campaign — which is calling for no expansion of Ulez in London
Laura Dodsworth is a writer and author