EIR - ULEZ and rights to issue PCNs [Oct 2023]

Your request 

1. Material evidence that Transport for London and the Mayor’s Office have the jurisdiction to issue fines, whether in the form of a Penalty Charge Notice (PCN) or otherwise.
2. Material evidence that Transport for London and the Mayor’s Office have not breached Article 12 of the Bill of Rights 1688, which prohibits the issue of fines and forfeitures without the accused being convicted of an offence.
3. Material evidence that Transport for London and the Mayor’s. Office can provide 4,000 observable examples of how ULEZ has saved lives, to substantiate the claim repeatedly made by the Mayor of London that it has done so.
4. Material evidence that Transport For London and the Mayor’s Office can provide just one observable example of a human death that was solely attributable to C02 poisoning London’s air.
5. Material evidence that Transport for London and the Mayor’s Office have not knowingly committed fraud by false representation by relying upon and causing Londoners to rely upon dishonest statements for material gain, to the material loss of everybody who lives and works in London.
6. Material evidence that the Mayor's Office has not engaged in making false and defamatory statements in public and in the media about the millions of people who oppose the existence and extension of ULEZ.
7. Material evidence that Transport For London and the Mayor’s Office have not committed fraud by non-disclosure in knowingly failing to publicly disclose the overwhelming opposition to the ULEZ extension.

Our response

The legal basis for the imposition of the ULEZ is the Scheme Order itself as made pursuant to the powers contained in section 295 of the Greater London Authority Act 1999 supplemented by the provisions contained in schedule 23 to that Act. The consolidated version of the Scheme Order is available on the TfL website: Ultra Low Emission Zone - Transport for London (tfl.gov.uk)

The full text of the Greater London Authority Act 1999 is available online: Greater London Authority Act 1999 (legislation.gov.uk)

If you drive within the ULEZ in a non-compliant vehicle and do not pay the daily charge in time, you risk receiving a Penalty Charge Notice (PCN). The enforcement process that TfL will undertake if you do not pay the PCN within 28 calendar days is set out on the TfL website: Enforcement process - Transport for London (tfl.gov.uk)

In 2021, the GLA commissioned research from the Environmental Research Group (ERG) at Imperial College London to quantify the health burden of air pollution in London. This research found that in 2019, in Greater London, 61,800 to 70,200 life years lost (the equivalent of between 3,600 to 4,100 attributable deaths) were estimated to be attributable to anthropogenic fine particulate matter (PM2.5) and nitrogen dioxide (NO2), assuming health effects exist even at very low levels. The full report, which includes a description of the method and data sources used, is available on the GLA website: Health burden of air pollution in London | London City Hall

(4) The GLA does not hold this information.

(5-7) These are invalid requests for information. Although your request can take the form of a question, rather than a request for specific documents, we do not have to answer your question if it would require the creation of new information or the provision of a judgement, explanation, advice or opinion that was not already recorded at the time of your request.

The Mayor made the decision to expand the ULEZ London-wide after taking into account a detailed consultation report and integrated impact assessment.

Transport for London (TfL) ran the consultation, which received nearly 58,000 responses. The Mayor has been clear that this was not an easy decision but a necessary one, due to the impact of air pollution on people’s health. The Mayor’s decision, TfL Consultation Report analysing the responses to the consultation, and other supporting documentation (including the Integrated Impact Assessment) can be found on the GLA website: MD3060 London-wide Ultra Low Emission Zone (ULEZ) Scheme | London City Hall