After a major legal triumph against clean air vehicle charges, scaffolder Noel Willcox, 48, is now mobilising public support through a crowdfunding campaign to challenge the Ultra-Low Emission Zone (ULEZ) regulations.
Mr. Willcox had previously faced penalties totalling £11,500 for driving his company’s truck into the Low Emission Zone (LEZ) in London. He emerged victorious after taking Transport for London (TfL) to an appeal tribunal, where it was ruled that the existing signs for the scheme inadequately informed drivers about the charges.
Although the tribunal’s decision lacks universal legal authority, Mr. Willcox has initiated a GoFundMe campaign to undertake a pioneering test case, aiming to establish that all signs in the extended ULEZ infringe road traffic laws.
If successful, this legal action could lead to refunds for drivers charged £12.50 a day for bringing their older or ‘high polluting’ cars into the zone. Mr. Willcox, a resident of Berkhamsted, Hertfordshire, expressed his determination to seek justice not only for himself but also for the thousands of motorists penalised in these zones.
He emphasised that the current signage fails to transparently communicate the potential charges to drivers.
According to Mr. Willcox, TfL’s low emission zone policies, ULEZ, and its expansion are fundamentally unlawful. He stated, “I believe the policy of Transport for London with the low emission zone, the Ultra Low Emission zone, and the expansion is completely unlawful.
“And I’m just struggling to understand how they’re being allowed to continue charging this.”
Payment Would Set Precedent
Speaking to The Epoch Times, Mr. Willcox disclosed email communications from lawyers, alleging deliberate stalling tactics by TfL in the judicial process. He claimed TfL has attempted to derail the process despite clear court orders for immediate repayments.Mr. Willcox asserted that TfL’s actions are a deliberate attempt to withhold payments back to his company, as they would set a legal precedent for all motorists under the low emission zone signs.
He said, “The signs do not make it clear to the driver that they can incur a charge.”
FairFuelUK founder Howard Cox has sharply criticised TfL and mayor Sadiq Khan, accusing them of “deceitful political morals” in their handling of the case.
Mr. Cox, also Reform UK’s London mayoral candidate, condemned TfL’s actions, stating, “Sadiq Khan’s Transport for London has not only acted irresponsibly in how they have treated Noel Willcox, they have now shown their true deceitful political morals and how low they will stoop to avoid scrutiny.”
Mr. Cox highlighted Mr. Willcox’s legal victory, emphasising that the local businessman had proven that all LEZ road signage was illegal. He criticised TfL’s response to the court ruling, asserting that they were consciously overcharging drivers with emissions fees and fines.
According to Mr. Cox, TfL’s refusal to comply with the court’s order to reimburse Willcox further indicates their disregard for the law.
He added, “By going after Noel personally and refusing to pay back his fees and charges, as ordered by the court, proves indisputably they have been consciously fleecing drivers with emissions charges and fines illicitly. Khan knows his regime is breaking the law!”
‘Anybody Would Be Able To Appeal’
Mr. Willcox also pointed out inadequacies in the signage and road markings within the zones. He argued that these deficiencies render the entire system non-compliant with road traffic regulations, making it, in his view, unlawful.He emphasised the need for boundary signs on roads, specifying the charging areas, and criticised the lack of clarity regarding the charges, comparing TfL’s practices to speed traps without transparent information for motorists.
He said: “I’ve been told that there was no sign on the road where this vehicle was situated either. So on that basis, I think that anybody would be able to appeal against this with great success, because this is not compliant with road traffic regulations and general directions 2016.”
Mr. Willcox added: “I have already won a legal case against TfL. Now I’m taking them on to get justice not just for me, but for thousands of motorists hit by penalties in these zones.”
A TfL spokesperson told The Epoch Times: “The LEZ signs were deemed lawful by the DfT in 2008. Due to a processing error the correct evidence was not supplied to the adjudicator in time in this case.”
TfL added that they believed the adjudicator ruled against TfL in this case because evidence was not submitted in time.
They said that they believed no fines relating to the case were paid by Mr. Willcox and therefore, no refunds have been issued by TfL.
The spokesperson confirmed that there is a separate ongoing case between TfL and Mr. Willcox relating to claims of outstanding refunds from daily charges, that TfL believe are not due.
