UK Edition
Brexit row erupts over Ulez fines issued to Belgian drivers
Transport ministry in Brussels orders investigation into alleged data breaches by collection agency used by TfL
Thousands of drivers in Belgium may have been unlawfully sent Ulez fines under post-Brexit rules, the country’s government has claimed.
The Belgian transport ministry has ordered an investigation to look into alleged data breaches by a collection agency used by Transport for London to issue Ulez fines to Belgian drivers.
Georges Gilkinet, transport minister, has said that transport bodies could file a criminal complaint if it is found that access to data was misused.
In recent years, tens of thousands of European drivers who have driven their cars in the Ulez zone without paying the £12.50 daily charge have been issued fines of up to £180 by TfL, through its collection agency Euro Parking Collection (EPC).
In Belgium, EPC has used a local debt-collection agency to help identify drivers so that fines can be sent and collected.
When the UK left the European Union, agencies lost their right to access personal data of EU citizens for non-criminal offences. However, some European drivers, including those in Belgium, continue to be issued fines from TfL for entering the Ulez zone without paying the charge.
Hit with costs
Concerns were raised by Belgian MP Michael Freilich about how Belgian drivers’ details were being accessed after several constituents complained about being hit with the charges after visiting London.
The Guardian reported that Mr Freilich believes the bailiff used its official licence to obtain the information of drivers who were then issued with fines by EPC. He said: “EPC should cease these operations immediately, if necessary, by government action.”
In his response to an official question from Mr Freilich, Mr Gilkinet said that the register should not be used by bailiffs for transmitting data abroad, and it had now put in place a ban on the register being accessed for Ulez fines.
He called for an investigation into whether the data from the register was legally obtained as soon as possible.
Mr Gilkinet added that he would ask SPF Mobilité, the public transport authority, to take the necessary steps to file a legal complaint if access to data had been misused.
The Brussels Times reported that an estimated 26,000 drivers may have been fined in Belgium in recent years.
No fines since March 2023
TfL said that it had not issued any fines to Belgian drivers since March 2023 after the country’s driver registration body was blocked from sharing data with EPC or TfL.
A TfL spokesperson said: “Any company working on our behalf is contractually required to ensure that data is processed in line with the relevant data protection legislation and no Belgian driver data has been shared with us or EPC since the ruling by the Belgian National Chamber of Judicial Officers came into effect.”
In a response to The Brussels Times, the National Chamber of Bailiffs said: “We are aware of the sensitivity of database consultations. We can confirm that we have closed access to the database to the bailiff’s office in question.”
Earlier in the year, The Telegraph reported that hundreds of European drivers were challenging fines. This included one disabled woman who was fined €1,000 (£885), despite blue-badge holders being exempt until 2027.
The Telegraph also found that TfL was forced to rescind tens of thousands of Ulez fines for European drivers whose cars were compliant with emissions standards.