Update on the Lawsuit Against TFL and EPC
Dear readers,
After months of negotiations, we can finally share more details about the lawsuit against TFL and EPC. Over the past three months, our lawyers have been in extensive talks with TFL, who are making every effort to avoid a full trial. During these negotiations, TFL has conceded several key points.
Unlawful Fines Acknowledged
TFL has admitted that the fines they imposed were unlawful, as they were issued in a currency other than British pounds, which is against the regulations. Furthermore, they acknowledged that additional administrative fees were wrongly charged. We now have it in writing that EPC added at least 5% on top of the original fines as administrative costs without clearly stating this.
Impact of TFL’s Concessions
TFL’s concession essentially means that we have won the case. Together with TFL, we have submitted a joint request to the High Court in London for an order to confirm these positions. This order is crucial for the continuation of the case.
Fines and Refunds
While this is a significant step forward, it does not mean that the TFL and EPC fines will be immediately cancelled, nor does it mean that paid fines will be refunded right away. There is currently a dispute over the amount that should be refunded. TFL has stated that they are only willing to refund the additional increases above the original fines, but not the fines themselves. We cannot agree with this position, as the fines have been deemed unlawful in their entirety.
Moreover, TFL has indicated that they plan to issue new, lawful fines, this time in British pounds and without additional charges. If this happens, we will need to contest these fines again. This is not something we can accept, and we expect the court to rule that this will not be possible.
Next Steps
As is often the case with legal proceedings, the court will need time to reach a final decision. Therefore, we anticipate that it may take a few more months before a definitive solution or refund is granted. The next hearing is scheduled for November 5th, where our lawyers and TFL’s lawyers will face each other in the High Court. This will undoubtedly be a critical development.
Urgent:
To everyone who has paid a fine: please send us the payment receipt/bank statement. Those who have already done so may ignore this message.
Send to: boete@transportinnood.nl
Thank you in advance!
We will keep you informed of any further updates.