Hearing on November 5th annulledTIN VS TFL – 1-0
Dear Readers,
In our last update regarding the lawsuit against TfL/EPC, we informed you about the outcome of the negotiations with TfL/EPC. In this newsletter, we will provide you with the latest status of this case
Fines are Unlawful
Our positions during the negotiations were clear. For multiple reasons, the fines imposed by TfL/EPC were unlawfully levied and should be annulled and refunded.
After months of negotiations, TfL/EPC finally admitted that:
- Fines could only be paid in Euros and not in Pounds, which was incorrect.
- Higher fines were imposed than legally prescribed.
- Reasonable costs incurred must be refunded.
This establishes that the fines were unlawful, making it unnecessary or appropriate to present other arguments to the High Court.
Legally Documented
The next step was to have the outcome of these negotiations legally documented. This has now been done through a ‘court order’ from the High Court. However, this is not the end of the matter. The parties disagree on the implications of the determination that the fines were unlawfully imposed.
Our Current Demands
We demand that all fines already paid be refunded. However, TfL/EPC believes that only the overpaid amounts should be refunded. They argue that a full refund is not justified and claim the authority to impose the previously levied fines again, but in a proper manner.
We contest this position. Fines that have been established as unlawfully imposed must be refunded. Whether TfL/EPC still has the authority to reimpose the fines is currently under review. The fact remains that fines can only be imposed in accordance with legal requirements. This means they must be timely, not imposed in bulk, justified, and there must be sufficient opportunity to appeal. In our opinion, this cannot be rectified with the fines that have already been imposed. Therefore, we look forward to the further progress of the procedure with confidence.
The Next Steps in the Procedure
Given the conflicting positions of the parties, the High Court has determined that it is necessary for the parties to first present the legal basis for their positions. They must also specify which fines are being discussed. Only then can there be substantive discussion about the further consequences.
As a result, the hearing scheduled for November 5-6 has been postponed, and the High Court has ordered that we must clearly and specifically indicate by November 22 which fines we wish to see refunded. It is clear that we want all fines already paid to be refunded and that we will not settle for less. TfL/EPC will then have 30 days to present a motivated defense, after which we will have an additional 14 days to respond. A ‘consent order’ will then be drafted, and it will be determined whether the parties have reached an agreement on certain points, whether the matter will be submitted to the High Court for further assessment, or whether it will be referred to another court.
We will, of course, keep you updated on all developments!