UK still illegally collecting traffic fines from Belgian visitors

UK still illegally collecting traffic fines from Belgian visitors
Parking fine in London. Credit: Unsplash

After a loophole via an Antwerp bailiff was closed, a UK debt collection agency is trying to get hold of the personal data of Belgian drivers who entered London’s Ultra-Low Emission Zone (ULEZ).

Belgians travelling to London by car risk an unpleasant surprise in the form of a hefty fine – sometimes of several thousand euros – afterwards for not paying the low-emission charge (also called the congestion tax).

These fines are sometimes issued even when the driver did pay the tax, or when the vehicle was in line with emissions standards. Even when the fine is justified, the amount is sometimes based on trucks, not passenger cars, De Standaard reports.

Post-Brexit

The problem is that while London's ANPR cameras record number plates and country of origin, the company collecting the fees (Euro Parking Collection) does not have access to the vehicle's specifications or the driver's details as that information is only available via the Belgian Vehicle Registration Service (DIV).

And while there is a European exchange platform for that data (Eucaris), the UK no longer has access to it since Brexit.

Previously, Euro Parking Collection circumvented that obstacle by requesting driver data via an Antwerp bailiff – which is an illegal practice that led to a complaint by the Mobility Ministry to the Data Protection Authority (DPA), and a disciplinary investigation by the National Chamber of Bailiffs after Federal MP Michaël Freilich (N-VA) exposed it.

Translation: "Illegal fines from London: also in De Standaard today following my earlier revelations on RTLnews and The Guardian. Belgian action required in this case."

Now, Freilich discovered that the UK debt collection agency has since retrieved the board data through the DIV's Italian counterpart, which does have access to the exchange platform Eucaris. However, sharing that information with the British remains illegal.

The Italian data protection agency has launched an investigation and Belgian Mobility Minister Georges Gilkinet has raised the matter with the European Commission and the Foreign Affairs Ministry.

In the meantime, the Mobility Ministry officially advises people not to pay any fines that come from London, but also warns that those who return to London by car might still be required to pay once they are there.

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