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City fines slapped down
Page 8
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operator has won a series of appeals against London lorry ban Denalties, leading to reforms in the system. David Harris reports.
THE AUTHORITY that administers the London lorry ban has been forced to reform its method of issuing penalty charges after losing a series of legal appeals.
The Association of London Government (ALG), which administers the ban,lost a series of 19 appeals which started with a batch of eight in November last year. The adjudicator hearing the appeals ruled that the penalty notices issued were defective because it was unclear exactly what they were issued for.
The ALG immediately cancelled 30 penalty notices which had been issued in the same way.
Mike Oliver, head of transport at Croydon solicitor Leach Rawlence and Hart, represented the haulier who won the 19 appeals. He says that the decisions "clearly wipe away any previous view (held by a number of cynics, including myself) that appealing to an Adjudicator may lead to nothing more than a rubber stamping of the original penalty charge".
The penalty charge for breaking the London lorry ban is £250, rising to £550 if it is not paid promptly.
Nick Lester, director of transport and environment for the ALG, says the association tightened up procedures for issuing penalties as soon as the Adjudicator's decision became known.
He explains that difficulties arose after truck control measures were de-criminalised last April and converted into civil offences. These required extra details to be given with the penalty notice.
The London lorry ban, designed to reduce disturbance to residents from HGVs at night and weekends, has been criticised because it sometimes forces trucks to make pointless detours.
But Lester says if operators think shorter routes might be more environmentally friendly they should contact the ALG.