Hundreds of thousands of EU citizens were wrongly fined for driving in >London’s Ulez clean air zone, according to European governments, in what >has been described as “possibly one of the largest data breaches in EU >history”.
The Guardian can reveal Transport for London (TfL) has been accused by
five EU countries of illegally obtaining the names and addresses of their >citizens in order to issue the fines, with more than 320,000 penalties,
some totalling thousands of euros, sent out since 2021.
The Liberal Democrats’ transport spokesperson in the London assembly has >called for an immediate investigation, saying the issue could damage the
UK capital’s reputation as being open to visitors.
Since Brexit, the UK has been banned from automatic access to personal >details of EU residents. Transport authorities in Belgium, Spain, Germany
and the Netherlands have confirmed to the Guardian that driver data
cannot be shared with the UK for enforcement of London’s ultra-low
emission zone (Ulez), and claim registered keeper details were obtained >illegally by agents acting for TfL’s contractor Euro Parking Collection.
In France, more than 100 drivers have launched a lawsuit claiming their >details were obtained fraudulently, while Dutch lorry drivers are taking >legal action against TfL over £6.5m of fines they claim were issued >unlawfully.
According to the Belgian MP Michael Freilich, who has investigated the
issue on behalf of his constituents, TfL is treating European drivers as
a “cash cow” by using data obtained illegitimately to issue unjustifiable >fines.
Many of the penalties have been issued to drivers who visited London in >Ulez-compliant vehicles and were not aware they had to be registered with >TfL’s collections agent Euro Parking at least 10 days before their visit.
Failure to register does not count as a contravention, according to Ulez >rules, but some drivers have nonetheless received penalties of up to five- >figure sums. TfL said the fines were justified because it was unable to >confirm whether foreign vehicles had contravened emissions standards if
they were not registered.
Has London’s Ulez become a magnet for conspiracy theories? – video
Has London’s Ulez become a magnet for conspiracy theories? – video
Some low-emission cars have been misclassed as heavy goods diesel
vehicles and fined under the separate low-emission zone (Lez) scheme,
which incurs penalties of up to £2,000 a day. Hundreds of drivers have >complained that the fines arrived weeks after the early payment discount
and appeals deadlines had passed.
One French driver was fined £25,000 for allegedly contravening Lez and
Ulez rules, despite the fact his minibus was exempt.
Freilich has asked ministers to raise the issue during the current
Belgian presidency of the Council of the EU. “This is possibly one of the >largest privacy and data breaches in EU history, but so far no concrete >action has been taken while responsibilities are being shunted on to >drivers,” he said.
TfL said that despite an absence of individual data-sharing agreements
with EU countries, “local laws” allowed authorities to share vehicle >owner information with the UK for the enforcement of traffic regulations.
However, EU countries say national laws allow the UK to access personal
data only for criminal offences, not civil ones. Breaching Ulez rules is
a civil offence, while more risky behaviour such as speeding or driving
under the influence of drink or drugs can be a criminal offence. This
raises the question of whether Euro Parking can legally carry out its >contract with TfL.
Euro Parking was awarded a five-year contract by TfL in 2020 to recover
debts from foreign drivers who had breached congestion or emission zone >rules.
The company, which is paid according to its performance, is estimated to
have earned between £5m and £10m. It has the option to renew for a
further five years.
The firm is owned by the US transport technology group Verra Mobility,
which is listed on the Nasdaq stock exchange and headed by the former
Bank of America Merrill Lynch executive David Roberts. The company’s net >revenue was $205m (£161m) in the second quarter of 2023.
In October, the Belgian government ordered a criminal investigation after
a court bailiff was accused of illegally passing the details of 20,000 >drivers to Euro Parking for Ulez enforcement. The bailiff was suspended
in 2022 and TfL initially claimed that no Belgian data had been shared
with Euro Parking since then. However, a freedom of information request
by the Guardian found that more than 17,400 fines had been issued to
Belgians in the intervening 19 months.
TfL then claimed driver details were provided directly to Euro Parking by >Belgium’s vehicle licensing agency. It has since told the Guardian they
are obtained via a National Contact Point (NCP), a network of official >information hubs for use by authorised agencies.
However, the Belgian minister for transport has confirmed that data
cannot be shared directly or indirectly for Ulez enforcement. Last month,
the Belgian data protection authority began an investigation into how the >information was still being obtained.
Campaigners accuse Euro Parking of circumventing data protection rules by >using EU-based agents to request driver data without disclosing that it
is for UK enforcement.
Last year, an investigation by the Dutch vehicle licensing authority RDW >found that the personal details of 55,000 citizens had been obtained via
an NCP in Italy. “The NCP informed us that the authorised users have used >the data in an unlawful way and stopped their access,” a spokesperson
said.
The German transport authority KBA claimed that an Italian NCP was used
to obtain information from its database. “Euro Parking obtained the data >through unlawful use of an EU directive to facilitate the cross-border >exchange of information about traffic offences that endanger road
safety,” a KBA spokesperson said. “The directive does not include >breaches of environmental rules.”
Spain’s transport department told the Guardian that UK authorities were
not allowed access to driver details for Ulez enforcement. Euro Parking
has sent more than 25,600 fines to Spanish drivers since 2021.
In France, 102 drivers have launched a lawsuit claiming that their
details were fraudulently obtained. Romain Binelli, of the law firm Woog
& Associés, who is representing the litigants, said: “The question is who >could have accessed the information. Either Euro Parking and TfL have >maintained their access to the vehicle database, which should have ended >after Brexit, or they are paying someone to get the information. Drivers
are receiving packets of 10 or more fines for monstrous amounts all at
once, often well after the [deadline] date to contest them.”
TfL, speaking on behalf of Euro Parking, said: “Any company working on
our behalf is contractually required to ensure that data is processed in
line with the relevant data protection legislation. We work closely with >European Parking Collection to ensure all elements of the contract are
being adhered to and have mechanisms in place should they not be
fulfilled.
“Euro Parking make it clear when they submit requests for keeper data in
EU countries that they are acting on behalf of TfL, for enforcement of >road-user charging in London, even when they route those requests through
a third party. Euro Parking has not been prevented from accessing keeper
data for drivers in EU countries.”
Caroline Pidgeon, the Lib Dem London assembly member and transport >spokesperson, called for an immediate investigation after the Guardian
shared its findings.
“It is extremely worrying to hear that TfL could be collecting its data >from drivers unlawfully,” she said. “The extent of fines being issued to >visitors from the EU, many incorrectly, demonstrates that the rules are
not being communicated clearly to tourists, something which I have raised >with TfL in the past only to be brushed off. If this issue is not solved >urgently, it risks seriously damaging London’s reputation as being open
to visitors.”
In message <up0gj7$2ef14$7@dont-email.me>, at 14:45:59 on Fri, 26 Jan
2024, Jethro_uk <jethro_uk@hotmailbin.com> remarked:
https://www.theguardian.com/uk-news/2024/jan/26/eu-citizens-ulez-fines-
data-breach-tfl
Hundreds of thousands of EU citizens were wrongly fined for driving in
London’s Ulez clean air zone, according to European governments, in what >> has been described as “possibly one of the largest data breaches in EU
history”.
The Guardian can reveal Transport for London (TfL) has been accused by
five EU countries of illegally obtaining the names and addresses of their
citizens in order to issue the fines, with more than 320,000 penalties,
some totalling thousands of euros, sent out since 2021.
The Liberal Democrats’ transport spokesperson in the London assembly has >> called for an immediate investigation, saying the issue could damage the
UK capital’s reputation as being open to visitors.
Since Brexit, the UK has been banned from automatic access to personal
details of EU residents. Transport authorities in Belgium, Spain, Germany
and the Netherlands have confirmed to the Guardian that driver data
cannot be shared with the UK for enforcement of London’s ultra-low
emission zone (Ulez), and claim registered keeper details were obtained
illegally by agents acting for TfL’s contractor Euro Parking Collection. >>
In France, more than 100 drivers have launched a lawsuit claiming their
details were obtained fraudulently, while Dutch lorry drivers are taking
legal action against TfL over £6.5m of fines they claim were issued
unlawfully.
According to the Belgian MP Michael Freilich, who has investigated the
issue on behalf of his constituents, TfL is treating European drivers as
a “cash cow” by using data obtained illegitimately to issue unjustifiable
fines.
Many of the penalties have been issued to drivers who visited London in
Ulez-compliant vehicles and were not aware they had to be registered with
TfL’s collections agent Euro Parking at least 10 days before their visit. >>
Failure to register does not count as a contravention, according to Ulez
rules, but some drivers have nonetheless received penalties of up to five- >> figure sums. TfL said the fines were justified because it was unable to
confirm whether foreign vehicles had contravened emissions standards if
they were not registered.
Has London’s Ulez become a magnet for conspiracy theories? – video
Has London’s Ulez become a magnet for conspiracy theories? – video
Some low-emission cars have been misclassed as heavy goods diesel
vehicles and fined under the separate low-emission zone (Lez) scheme,
which incurs penalties of up to £2,000 a day. Hundreds of drivers have
complained that the fines arrived weeks after the early payment discount
and appeals deadlines had passed.
One French driver was fined £25,000 for allegedly contravening Lez and
Ulez rules, despite the fact his minibus was exempt.
Freilich has asked ministers to raise the issue during the current
Belgian presidency of the Council of the EU. “This is possibly one of the >> largest privacy and data breaches in EU history, but so far no concrete
action has been taken while responsibilities are being shunted on to
drivers,” he said.
TfL said that despite an absence of individual data-sharing agreements
with EU countries, “local laws” allowed authorities to share vehicle
owner information with the UK for the enforcement of traffic regulations.
However, EU countries say national laws allow the UK to access personal
data only for criminal offences, not civil ones. Breaching Ulez rules is
a civil offence, while more risky behaviour such as speeding or driving
under the influence of drink or drugs can be a criminal offence. This
raises the question of whether Euro Parking can legally carry out its
contract with TfL.
Euro Parking was awarded a five-year contract by TfL in 2020 to recover
debts from foreign drivers who had breached congestion or emission zone
rules.
The company, which is paid according to its performance, is estimated to
have earned between £5m and £10m. It has the option to renew for a
further five years.
The firm is owned by the US transport technology group Verra Mobility,
which is listed on the Nasdaq stock exchange and headed by the former
Bank of America Merrill Lynch executive David Roberts. The company’s net >> revenue was $205m (£161m) in the second quarter of 2023.
In October, the Belgian government ordered a criminal investigation after
a court bailiff was accused of illegally passing the details of 20,000
drivers to Euro Parking for Ulez enforcement. The bailiff was suspended
in 2022 and TfL initially claimed that no Belgian data had been shared
with Euro Parking since then. However, a freedom of information request
by the Guardian found that more than 17,400 fines had been issued to
Belgians in the intervening 19 months.
TfL then claimed driver details were provided directly to Euro Parking by
Belgium’s vehicle licensing agency. It has since told the Guardian they
are obtained via a National Contact Point (NCP), a network of official
information hubs for use by authorised agencies.
However, the Belgian minister for transport has confirmed that data
cannot be shared directly or indirectly for Ulez enforcement. Last month,
the Belgian data protection authority began an investigation into how the
information was still being obtained.
Campaigners accuse Euro Parking of circumventing data protection rules by
using EU-based agents to request driver data without disclosing that it
is for UK enforcement.
Last year, an investigation by the Dutch vehicle licensing authority RDW
found that the personal details of 55,000 citizens had been obtained via
an NCP in Italy. “The NCP informed us that the authorised users have used >> the data in an unlawful way and stopped their access,” a spokesperson
said.
The German transport authority KBA claimed that an Italian NCP was used
to obtain information from its database. “Euro Parking obtained the data >> through unlawful use of an EU directive to facilitate the cross-border
exchange of information about traffic offences that endanger road
safety,” a KBA spokesperson said. “The directive does not include
breaches of environmental rules.”
Spain’s transport department told the Guardian that UK authorities were
not allowed access to driver details for Ulez enforcement. Euro Parking
has sent more than 25,600 fines to Spanish drivers since 2021.
In France, 102 drivers have launched a lawsuit claiming that their
details were fraudulently obtained. Romain Binelli, of the law firm Woog
& Associés, who is representing the litigants, said: “The question is who >> could have accessed the information. Either Euro Parking and TfL have
maintained their access to the vehicle database, which should have ended
after Brexit, or they are paying someone to get the information. Drivers
are receiving packets of 10 or more fines for monstrous amounts all at
once, often well after the [deadline] date to contest them.”
TfL, speaking on behalf of Euro Parking, said: “Any company working on
our behalf is contractually required to ensure that data is processed in
line with the relevant data protection legislation. We work closely with
European Parking Collection to ensure all elements of the contract are
being adhered to and have mechanisms in place should they not be
fulfilled.
“Euro Parking make it clear when they submit requests for keeper data in >> EU countries that they are acting on behalf of TfL, for enforcement of
road-user charging in London, even when they route those requests through
a third party. Euro Parking has not been prevented from accessing keeper
data for drivers in EU countries.”
Caroline Pidgeon, the Lib Dem London assembly member and transport
spokesperson, called for an immediate investigation after the Guardian
shared its findings.
“It is extremely worrying to hear that TfL could be collecting its data >>from drivers unlawfully,” she said. “The extent of fines being issued to >> visitors from the EU, many incorrectly, demonstrates that the rules are
not being communicated clearly to tourists, something which I have raised
with TfL in the past only to be brushed off. If this issue is not solved
urgently, it risks seriously damaging London’s reputation as being open
to visitors.”
Back in the Autumn I bought a new (to me) car because the old
non-compliant one had broken down almost beyond economic repair, and I
could foresee a need to drive in the ULEZ.
Car #2 is clearly compliant from the data held by the manufacturers and
DVLA - also being made about six months after the previous model was withdrawn from sale for not being compliant.
Before I drove it in London, I used TfL's very own ULEZ-checker to make
sure they agreed it was compliant, and they did.
Imagine my surprise a week or two later when receiving a penalty notice
for not paying the ULEZ charge. [And next day a second for the trip home
on the following day] After some fairly acrimonious correspondence they finally agreed to "accept my representation" which was along the lines
of "You complete and utter idiots..." Some people have said I should
have asked nicely, but I'm totally convinced that would have been
futile.
They have refused my demand for compensation for the distress and inconvenience, on the grounds that "we never pay compensation". In
a few weeks time I'll renew my efforts to pursue this matter, and my inclination is to repeat that I'll settle for the highest of the
escalating amount [x2 obviously for the two days] their hectoring
letters said I would owe them, if I didn't pay.
Or should I try starting with a higher sum? The actual money I'll donate
to a local hospice, so that's hopefully going to give their public
relations team even more sleepless nights.
In message <up0gj7$2ef14$7@dont-email.me>, at 14:45:59 on Fri, 26 Jan
2024, Jethro_uk <jethro_uk@hotmailbin.com> remarked:
https://www.theguardian.com/uk-news/2024/jan/26/eu-citizens-ulez-fines-
data-breach-tfl
Hundreds of thousands of EU citizens were wrongly fined for driving in
London’s Ulez clean air zone, according to European governments, in what >> has been described as “possibly one of the largest data breaches in EU
history”.
The Guardian can reveal Transport for London (TfL) has been accused by
five EU countries of illegally obtaining the names and addresses of their
citizens in order to issue the fines, with more than 320,000 penalties,
some totalling thousands of euros, sent out since 2021.
The Liberal Democrats’ transport spokesperson in the London assembly has >> called for an immediate investigation, saying the issue could damage the
UK capital’s reputation as being open to visitors.
Since Brexit, the UK has been banned from automatic access to personal
details of EU residents. Transport authorities in Belgium, Spain, Germany
and the Netherlands have confirmed to the Guardian that driver data
cannot be shared with the UK for enforcement of London’s ultra-low
emission zone (Ulez), and claim registered keeper details were obtained
illegally by agents acting for TfL’s contractor Euro Parking Collection. >>
In France, more than 100 drivers have launched a lawsuit claiming their
details were obtained fraudulently, while Dutch lorry drivers are taking
legal action against TfL over £6.5m of fines they claim were issued
unlawfully.
According to the Belgian MP Michael Freilich, who has investigated the
issue on behalf of his constituents, TfL is treating European drivers as
a “cash cow” by using data obtained illegitimately to issue unjustifiable
fines.
Many of the penalties have been issued to drivers who visited London in
Ulez-compliant vehicles and were not aware they had to be registered with
TfL’s collections agent Euro Parking at least 10 days before their visit. >>
Failure to register does not count as a contravention, according to Ulez
rules, but some drivers have nonetheless received penalties of up to
five-
figure sums. TfL said the fines were justified because it was unable to
confirm whether foreign vehicles had contravened emissions standards if
they were not registered.
Has London’s Ulez become a magnet for conspiracy theories? – video
Has London’s Ulez become a magnet for conspiracy theories? – video
Some low-emission cars have been misclassed as heavy goods diesel
vehicles and fined under the separate low-emission zone (Lez) scheme,
which incurs penalties of up to £2,000 a day. Hundreds of drivers have
complained that the fines arrived weeks after the early payment discount
and appeals deadlines had passed.
One French driver was fined £25,000 for allegedly contravening Lez and
Ulez rules, despite the fact his minibus was exempt.
Freilich has asked ministers to raise the issue during the current
Belgian presidency of the Council of the EU. “This is possibly one of the >> largest privacy and data breaches in EU history, but so far no concrete
action has been taken while responsibilities are being shunted on to
drivers,” he said.
TfL said that despite an absence of individual data-sharing agreements
with EU countries, “local laws” allowed authorities to share vehicle
owner information with the UK for the enforcement of traffic regulations.
However, EU countries say national laws allow the UK to access personal
data only for criminal offences, not civil ones. Breaching Ulez rules is
a civil offence, while more risky behaviour such as speeding or driving
under the influence of drink or drugs can be a criminal offence. This
raises the question of whether Euro Parking can legally carry out its
contract with TfL.
Euro Parking was awarded a five-year contract by TfL in 2020 to recover
debts from foreign drivers who had breached congestion or emission zone
rules.
The company, which is paid according to its performance, is estimated to
have earned between £5m and £10m. It has the option to renew for a
further five years.
The firm is owned by the US transport technology group Verra Mobility,
which is listed on the Nasdaq stock exchange and headed by the former
Bank of America Merrill Lynch executive David Roberts. The company’s net >> revenue was $205m (£161m) in the second quarter of 2023.
In October, the Belgian government ordered a criminal investigation after
a court bailiff was accused of illegally passing the details of 20,000
drivers to Euro Parking for Ulez enforcement. The bailiff was suspended
in 2022 and TfL initially claimed that no Belgian data had been shared
with Euro Parking since then. However, a freedom of information request
by the Guardian found that more than 17,400 fines had been issued to
Belgians in the intervening 19 months.
TfL then claimed driver details were provided directly to Euro Parking by
Belgium’s vehicle licensing agency. It has since told the Guardian they
are obtained via a National Contact Point (NCP), a network of official
information hubs for use by authorised agencies.
However, the Belgian minister for transport has confirmed that data
cannot be shared directly or indirectly for Ulez enforcement. Last month,
the Belgian data protection authority began an investigation into how the
information was still being obtained.
Campaigners accuse Euro Parking of circumventing data protection rules by
using EU-based agents to request driver data without disclosing that it
is for UK enforcement.
Last year, an investigation by the Dutch vehicle licensing authority RDW
found that the personal details of 55,000 citizens had been obtained via
an NCP in Italy. “The NCP informed us that the authorised users have used >> the data in an unlawful way and stopped their access,” a spokesperson
said.
The German transport authority KBA claimed that an Italian NCP was used
to obtain information from its database. “Euro Parking obtained the data >> through unlawful use of an EU directive to facilitate the cross-border
exchange of information about traffic offences that endanger road
safety,” a KBA spokesperson said. “The directive does not include
breaches of environmental rules.”
Spain’s transport department told the Guardian that UK authorities were
not allowed access to driver details for Ulez enforcement. Euro Parking
has sent more than 25,600 fines to Spanish drivers since 2021.
In France, 102 drivers have launched a lawsuit claiming that their
details were fraudulently obtained. Romain Binelli, of the law firm Woog
& Associés, who is representing the litigants, said: “The question is who >> could have accessed the information. Either Euro Parking and TfL have
maintained their access to the vehicle database, which should have ended
after Brexit, or they are paying someone to get the information. Drivers
are receiving packets of 10 or more fines for monstrous amounts all at
once, often well after the [deadline] date to contest them.”
TfL, speaking on behalf of Euro Parking, said: “Any company working on
our behalf is contractually required to ensure that data is processed in
line with the relevant data protection legislation. We work closely with
European Parking Collection to ensure all elements of the contract are
being adhered to and have mechanisms in place should they not be
fulfilled.
“Euro Parking make it clear when they submit requests for keeper data in >> EU countries that they are acting on behalf of TfL, for enforcement of
road-user charging in London, even when they route those requests through
a third party. Euro Parking has not been prevented from accessing keeper
data for drivers in EU countries.”
Caroline Pidgeon, the Lib Dem London assembly member and transport
spokesperson, called for an immediate investigation after the Guardian
shared its findings.
“It is extremely worrying to hear that TfL could be collecting its data
from drivers unlawfully,” she said. “The extent of fines being issued to >> visitors from the EU, many incorrectly, demonstrates that the rules are
not being communicated clearly to tourists, something which I have raised
with TfL in the past only to be brushed off. If this issue is not solved
urgently, it risks seriously damaging London’s reputation as being open
to visitors.”
Back in the Autumn I bought a new (to me) car because the old
non-compliant one had broken down almost beyond economic repair, and I
could foresee a need to drive in the ULEZ.
Car #2 is clearly compliant from the data held by the manufacturers and
DVLA - also being made about six months after the previous model was withdrawn from sale for not being compliant.
Before I drove it in London, I used TfL's very own ULEZ-checker to make
sure they agreed it was compliant, and they did.
Imagine my surprise a week or two later when receiving a penalty notice
for not paying the ULEZ charge. [And next day a second for the trip home
on the following day] After some fairly acrimonious correspondence they finally agreed to "accept my representation" which was along the lines
of "You complete and utter idiots..." Some people have said I should
have asked nicely, but I'm totally convinced that would have been futile.
They have refused my demand for compensation for the distress and inconvenience, on the grounds that "we never pay compensation". In
a few weeks time I'll renew my efforts to pursue this matter, and my inclination is to repeat that I'll settle for the highest of the
escalating amount [x2 obviously for the two days] their hectoring
letters said I would owe them, if I didn't pay.
Or should I try starting with a higher sum? The actual money I'll donate
to a local hospice, so that's hopefully going to give their public
relations team even more sleepless nights.
https://www.theguardian.com/uk-news/2024/jan/26/eu-citizens- ulez-fines-data-breach-tfl
[SNIP]
On 14:45 26 Jan 2024, Jethro_uk said:
https://www.theguardian.com/uk-news/2024/jan/26/eu-citizens-
ulez-fines-data-breach-tfl
[SNIP]
In this case the details of the vehicles' registered keeper were obtained illegally, but surely there exist other legitimate ways for a UK public authority to obtain the same data?
On 14:45 26 Jan 2024, Jethro_uk said:
https://www.theguardian.com/uk-news/2024/jan/26/eu-citizens-
ulez-fines-data-breach-tfl
[SNIP]
In this case the details of the vehicles' registered keeper were obtained illegally, but surely there exist other legitimate ways for a UK public authority to obtain the same data?
"Pamela" <uklm@permabulator.33mail.com> wrote:
Jethro_uk said:
https://www.theguardian.com/uk-news/2024/jan/26/eu-citizens-
ulez-fines-data-breach-tfl
[SNIP]
In this case the details of the vehicles' registered keeper were obtained
illegally, but surely there exist other legitimate ways for a UK public
authority to obtain the same data?
We, I believe, have an arrangement with the EU for cooperation over criminal investigations, but the relevant countries apparently do not believe we agreed
to continue to exchange data for the purpose of administrative charges.
Interestingly, we try to make the same distinction as far as foreign (chiefly American) embassies are concerned, saying that although exempt from criminal penalties diplomats should pay these administrative charges. They disagree, apparently.
As far as I know, the American State Department has still refused to recognise Mad Ken's "Congestion charge" as something their UK-located employees have to pay. Their official position is that it is a local tax.
Perhaps Khan can take the USA to the ICJ.
On 28/01/2024 22:32, JNugent wrote:
As far as I know, the American State Department has still refused to
recognise Mad Ken's "Congestion charge" as something their UK-located
employees have to pay. Their official position is that it is a local tax.
One wonders how the US will deal with diplomats and the Manhattan
congestion charge, which is expected to be introduced later this year.
Perhaps Khan can take the USA to the ICJ.
Let's hope he obeys the low emission rules when he is in The Hauge.
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