London’s Ultra-Low Emission Zone (ULEZ) has become a political hot potato in the UK after it was expanded at the end of August to cover the whole of the English capital. What was designed to reduce congestion, pollution, and promote alternative modes of transport has been weaponized by opponents as an attack on civil liberties.
Public outrage has been actively encouraged by factions of the political right wing and cameras that monitor motorists have been targets for vandalism. London Metropolitan Police has recorded 595 damaged cameras and 200 stolen in the last six months. On Wednesday, far-right polemicist Laurence Fox was arrested on suspicion of conspiring to commit criminal damage to the cameras.
After entering the London Mayoral campaign in 2021, Fox secured just 1.9% of the vote; he subsequently joined right-wing TV channel GB News as a presenter. Also on Wednesday, GB News announced that it had sacked Fox after the broadcaster received more than 8,000 complaints about misogynistic comments Fox had made on air.
Although these controversies seem rooted in the UK, the ULEZ charges have now sparked fury in Belgium after tens of thousands of Belgian motorists were fined for not paying when driving in the UK.
A poster in Orpington, London Borough of Bromley, expressing opposition to the expansion of the Ultra Low Emission Zone (ULEZ) area to Outer London. Credit: Wikimedia Commons
But whilst many might have been caught out by the need to pay ULEZ charges (as well as tolls for certain roads or bridges), enforcing the resulting fines is a complex issue when foreign vehicles are concerned. To follow up on the payments, debt collectors in the UK turn to organisations on the continent to track down the responsible drivers.
However, though this might have been a standard practice a few years ago, the legality of sharing driver details has changed completely with the UK’s exit from the European Union. In fact, the legal framework to exchange personal driver information between the EU and the UK no longer exists.
The problem was highlighted on Thursday after Flemish MP Michael Freilich (N-VA) received reports of the abuse and investigated. "I was told by several people that they received excessively high fines from London," he is quoted in Het Nieuwsblad. "I asked parliamentary questions about it and sent registered letters, but to no avail."
Personal investigation
Dissatisfied with the lack of action on the matter, Freilich took matters into his own hands on a trip to the UK. Driving through a toll without paying the small fee, the MP subsequently received a €3.13 fine back in Belgium. But what was apparently an insignificant amount provided the elected official with the proof that a breach of EU law was indeed taking place.
" I deliberately provoked a fine by not paying a toll," says Freilich. "That made me an involved party myself and gave me more ammunition to dig out the case. Through the Open Government Act, I requested to know who looked up my personal data through my number plate. And so it came to light that bailiff firm Relias was the conduit."
Belgian debt collectors Relias have been working in liaison with British collection agency Euro Parking Collection plc. Freilich’s personal enquiry now reveals that Relias’ office may have passed on the personal details of Belgians to the British 26,000 times in recent years. Belgian bailiffs have access to the database of number plates to know which cars they are allowed to seize, but they are not allowed to search the database.
They are certainly not permitted to transfer personal data outside the European Union. Since the UK is no longer a member, UK agencies are only allowed to access personal data for criminal records and in serious crimes.
All fines dropped?
The matter has now been passed to Mobility Minister Georges Gilkinet (Ecolo) who will instruct the FPS Mobility to file a criminal complaint against the bailiff's office. "It is unacceptable that access to the national register of vehicles has been abused in this way," Gilkinet stated. "I will absolutely not allow it. A complaint has been filed against the debt collectors involved."
For its part, Relias referred to the National Chamber of Bailiffs for a response: "We are aware of the sensitivity of database consultations. We were notified in August by the FPS Mobility of a possible issue. We can confirm that we have closed access to the database to the bailiff's office in question."
Freilich welcomes the legal action and hopes that the UK side will also ensure that people who paid fines will get their money back.
