STOP ULEZ EXPANSION

by Ed Gregory

STOP ULEZ EXPANSION

by Ed Gregory
Ed Gregory
Case Owner
I have driven from Greater to Central London for 37 years seeing the flow of the inner road network decimated, restricting the vehicles it was designed for and can no longer stand by and do nothing.
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Ed Gregory
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I have driven from Greater to Central London for 37 years seeing the flow of the inner road network decimated, restricting the vehicles it was designed for and can no longer stand by and do nothing.
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Latest: Jan. 31, 2023

“ULEZ expansion will reduce pay in a Cost-of-Living Crisis”

X. ULEZ Financial Impact Assessment to Drivers from 29 August 2023

22)      Milliken Consulting, Audit and Compliance, (www.Kmilliken.com) have   prepared a Financial Impact assess…

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A. The  ULEZ Greater London Expansion "Consultation"

1. In March 2022, London Mayor Sadiq Khan announced that "subject to a  consultation",  a proposed plan for a London-wide (Greater London) expansion of the Ultra Low Emission Zone ULEZ would be launched on the 29th  August 2023:

https://www.standard.co.uk/news/london/sadiq-khan-ulez-expansion-greater-london-border-map-b1012010.html 


B. ULEZ "Consultation expansion decision”

2. Mayor Khan on the 25th November 2022, announced he will expand ULEZ onto Greater London. When telephoning Transport for London (TFL) after that date the telephone message stated this

"Welcome to the TFL pay-to-drive in London service. Calls are recorded for quality training and validation purposes. Following the recent public consultation on proposals to help improve air quality in London, the Mayor has announced his decision to expand the ultra-low emissions zone London-wide from 29th August 2023"


3. This announcement has since the1st January 2023 been changed and no longer mentions the ULEZ expansion "consultation ",  but now most of the message is dedicated to warning callers not to abuse TFL staff.


C. The Wednesbury unreasonable ULEZ expansion decision-

4. Wednesbury unreasonableness comes from the case of Associated Provincial Picture Houses Ltd. v Wednesbury Corporation [1948] 1 KB 223 that sets out the standard of unreasonableness of public-body decisions that would make them liable to be quashed on judicial review,

" .....a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it".


5. Through significant research we have identified  that it seems Mayor Khan along with TFL have:

a) FAILED to take into consideration, the replies to the ULEZ expansion consultation, where a  resounding 28,120 (twenty-eight thousand, one hundred and twenty) or 68% said NO.

 Report to Mayor on ULEZ expansion and future Road User Charging proposal  November 2022" – (22% of replies 9,097 agreed to 2023 or earlier)

https://haveyoursay.tfl.gov.uk/cleanair

b) FAILED to take into consideration, there being a Cost of Living Crisis* in which of the 3,721 – 9% who replied in favour of ULEZ said NO for implementation in 2023.

The ‘cost of living crisis’ refers to the fall in ‘real’ incomes that the UK has experienced since late 2021, with an inflation rate at a 40 year high;   https://www.instituteforgovernment.org.uk/explainer/cost-living-crisis 

https://www.bbc.co.uk/news/business-64311461

c) FAILED to take into consideration, that Greater London has air quality that is legally within UK Government law as confirmed by DEFRA.

There are currently NO air pollution alerts issued; UK AIR Air Information Resource

https://uk-air.defra.gov.uk/#:~:text=There%20are%20currently%20no%20air%20pollution%20alerts%20issued.


6. On the 14th  December 2022 Stephen Metcalf MP asked the Prime Minister about the Mayor of London's decision to go against his own public consultation and expand ULEZ. The Prime minster Rishi Sunak answered  "…it is disappointing that the Mayor backed by the Leader of the Opposition is choosing not to listen to the public…" 

https://youtu.be/tZAnEsc-7GU


D. The Jury of 12 

7. The Greater London areas not in ULEZ are the 12 councils of:

1) Barking and Dagenham

2) Bexley

3)  Bromley

4) Croydon

5)  Harrow

6) Havering

7) Hillingdon

8) Kingston

9) Merton

10) Richmond

11) Sutton

12)  Wandsworth


E. Any 1 of the 12 Councils  in Greater London not in ULEZ can challenge ULEZ

8. If any council objected and did not agree with ULEZ all they need to do to put the brakes on the launch, is oppose and refuse to put up signage in their boroughs - this will stop ULEZ expansion in its tracks until the High Court considers the matter because  without signage ULEZ is unenforceable.

9. There is a growing group of outer London Boroughs that have revealed that they are opposed  to the ULEZ expansion.


i) Bexley

10. London Borough of Bexley leader Baroness O'Neill said:  "We are an outer London borough with poor transport connections, which means that many people are reliant on their cars, including many who travel into the borough from outside London. 

"The ULEZ charge will impact disproportionately on those on lower incomes, which includes many key workers, and we are very concerned about the impact it will have on them, on essential services and local businesses."

https://www.hillingdon.gov.uk/article/10280/Joint-statement-from-Hillingdon-Harrow-Bexley-and-Croydon-councils-on-ULEZ-expansion


ii) Bromley 

11. Councillor Colin Smith, Leader of Bromley Council said, “Our complete opposition and cynicism as to Mayor Khan’s rationale for expanding ULEZ is well documented. In light of the widespread ongoing public interest on related matters, I thought it might be helpful to outline the council’s latest position;

The decision to blatantly ignore a significant majority opinion of Londoners who responded to TfL’s consultation exercise, based on the highly questionable, selective and incomplete findings of a research paper commissioned by TfL themselves, simply cannot be allowed to pass unchallenged."

https://www.bromley.gov.uk/news/article/440/lawfulness-questions-about-ulez-expansion


iii) Croydon

12. Executive mayor of Croydon Jason Perry said: "Unless the mayor of London scraps his ULEZ extension there is a risk that people with cars which fall short of the ULEZ standards will be left unable to get around without paying the extortionate £12.50-a-day charge.

"That is deeply unfair. City Hall should be investing to support people to take positive steps to improve our environment, for example further incentivising greener vehicles."

https://www.hillingdon.gov.uk/article/10280/Joint-statement-from-Hillingdon-Harrow-Bexley-and-Croydon-councils-on-ULEZ-expansion


iv) Harrow

13. Harrow Council leader Paul Osborn said: "This is an outrageous announcement. Mayor Khan has ignored London's residents and businesses and pushed ahead with his vanity project. This is the wrong solution at the wrong time. There is no evidence that it will improve air quality but it will hit the poorest households most. "

https://www.hillingdon.gov.uk/article/10280/Joint-statement-from-Hillingdon-Harrow-Bexley-and-Croydon-councils-on-ULEZ-expansion


v) Havering

14. Councillor Ray Morgon, Leader of Havering Council, stated:

" We are very disappointed to hear the London Mayor’s decision to go ahead with the expansion of ULEZ into Havering.

This will penalise the residents of this borough as outlined in our consultation submission and request the Mayor reconsider implementation into the outer London boroughs due to their unique circumstances.

At the very least this should have been delayed due to the huge impact the cost of living crisis will play on the lives of our residents, with limited alternative transport options.

We do understand the negative impact of poor air quality on the lives of local residents and others, but pollution levels in inner central London remain much higher than in outer London boroughs.

In fact, the GLA recognise that Havering is known to have good air quality, apart from a handful of hotspots." 

https://www.havering.gov.uk/news/article/1175/ulez_expansion_havering_council_response


vi) Hillingdon

15. Hillingdon Council leader Ian Edwards said: "London cannot be treated with a one-size-fits-all approach when the make-up of inner boroughs is incredibly different to ours.

"Unlike urban parts of the capital, our residents don't have the luxury of a frequent, multi-layered transport system.

"Many have little option other than to use their cars for everyday travel. Imposing the ULEZ charge is not only wrongheaded but is completely unfair and will hit the poorest in our communities hardest. What Hillingdon really needs is not another tax but increased investment in its public transport links.

"There are better ways of improving our air quality and the mayor of London should be doing all he can to boost London's recovery rather than implementing this money grab from those that can least afford it."

https://www.hillingdon.gov.uk/article/10280/Joint-statement-from-Hillingdon-Harrow-Bexley-and-Croydon-councils-on-ULEZ-expansion


vii) Kingston 

16. Conservative councillors warned poor Kingston drivers and small businesses will suffer the most if the plans go ahead. Councillor Rowena Bass said the daily charge would discourage people from working in Kingston, including teachers, traders, NHS workers, carers and council staff.

 Lib Dem councillor Andrew Woolridge branded the current expansion proposals “rushed” and “inadequate for purpose” given the cost of living crisis, availability of public transport in Kingston and need for a more suitable scrappage scheme.

https://www.surreycomet.co.uk/news/23062435.kingston-ulez-expansion-inadequate-say-councillors/


viii) Sutton 

17. Councillor Ruth Dombey, Leader of the Council with the Sutton Liberal Democrats, who control the outer London Borough, issued a statement promising to fight the mayor’s “unfair” plan and reject Transport for London’s roll-out of ULEZ cameras across the borough.

Sutton Council has said it will only change its decision to block the cameras once the Mayor has set up a proper scrappage scheme for those with non-compliant cars, or a longer period was given for people to change their vehicles.

https://chiswickherald.co.uk/sutton-council-to-block-unfair-ulez-extension-p17219-338.htm 

https://www.dailymail.co.uk/news/article-11634143/London-council-rebels-against-Sadiq-Khans-ULEZ-expansion-refusing-traffic-camera-installation.html


Dagenham and Rainham MP

18. Jon Cruddas Labour MP for Dagenham and Rainham on 25 November 2022 said

  “Today’s announcement from City Hall regarding ULEZ is deeply disappointing. It seems that, aside from an improved scrappage scheme, the representations I made on behalf of my constituents fell on deaf ears."

https://www.joncruddas.org.uk/local-mp-responds-ulez-expansion


F. The Mayor’s “air quality” campaign

19. Mayor Khan's campaign to justify ULEZ is claimed to be based on helping improve air quality, but it seems the real reason for this decision to go ahead with the London-wide expansion on the 29th  August 2023, is to take more money from car drivers of- petrol cars registered before 2005, and -diesel car registered before 2015, who must pay a £12.50 tax per day, to use their car where they live:

https://www.express.co.uk/life-style/cars/1706537/ulez-london-expansion-poll-result-spt 

https://www.telegraph.co.uk/business/2022/12/17/inside-sadiq-khans-ulez-cash-machine/ 


G. ULEZ discrimination

20. Mayor Khan is discriminating against those in the community who are:

  • not wealthy, or
  • not considered “eligible“ to receive only £2,000 in compensation; or
  • not considered “eligible“ to have a 4-year exemption until the 25th  October 2027.

H. No like-for-like compensation from TFL

21. Mayor Khan appears not to care about all those are unable to replace their  car or van with a newer vehicle, without a like for like  replacement compensation scheme.

22. Mayor Khan needs to raise money for TFL; which the Government has refused to fund, and which is facing a £1.9bn budget black hole, despite huge income from the existing Central London ULEZ and Congestion Zone schemes:

https://www.bbc.co.uk/news/uk-england-london-63960235 

https://www.london.gov.uk/who-we-are/what-london-assembly-does/london-assembly-press-releases/mayor-summonsed-assembly-over-budget 


I. ULEZ expansion is estimated  to raise £300million in first year but ZERO by 2027

23. The calculations have already been made that ULEZ's success is its own downfall and is an unsustainable  model

https://www.standard.co.uk/news/london/ulez-expansion-sadiq-khan-pollution-scheme-300m-zero-2027-london-vehicles-b1050769.html?amp 


J. Pay-per-mile is next if the  ULEZ expansion is not stopped

24. If  Mayor Khan's ULEZ expansion is not stopped, we will then see the current Congestion Zone in Central London also expanded  to Greater London, then followed by a pay-per-mile:

https://cities-today.com/london-mayor-calls-for-pay-per-mile-driving-tax/#:~:text=London%20Mayor%20Sadiq%20Khan%20has,all%20but%20the%20cleanest%20vehicles%E2%80%9D 

25. Mayor Khan is already planning to roll out a “Singapore-style” network of toll roads across London, once drivers have switched to electric vehicles - road pricing will be introduced to replace the congestion tax and levies for the Ultra-low emission zone (ULEZ), that would use the camera network across the capital to keep TFL afloat ( The Telegraph- 25th November 2022)

https://www.telegraph.co.uk/business/2022/11/25/whole-london-hit-ulez-expansion-ordered-sadiq-khan/ 



K. Electric vehicles more expensive to drive and are environmentally damaging

26. The basic research has now been done, showing that electric vehicles, (with the added taxes from the Government) are going to be much more expensive to own;

https://www.thesun.co.uk/motors/20616452/ev-now-500-cheaper-petrol-law-make-more-expensive/

27. Volvo says EVs ( electric vehicles) production emissions can be 70% higher compared to the production cost of petrol models — and also claims it can take up to 9 YEARS of driving before the EV's become greener. 

https://www.thisismoney.co.uk/money/cars/article-10161697/Volvo-says-electric-car-making-emissions-70-HIGHER-petrol.html 


L. Mayor Khan accused of false statements over extending pollution charge zone

28. Mayor Khan is being accused by the Conservatives in the Greater London Assembly City Hall of making false statements about the expansion of the capital’s pollution charge zone for vehicles. The Conservatives released documents which they claim prove Mr Khan and his deputy, Mr Seb Dance, made “untrue and dishonest” comments in telling the London Assembly they had not been briefed in advance on the interim results of a "consultation " into extending the ultra low emission zone (ULEZ).

https://www.standard.co.uk/news/london/ulez-expansion-consultation-sadiq-khan-london-assembly-labour-conservatives-b1053496.html


M. HIGH COURT Legal Action to challenge the 25th November 2022 ULEZ expansion decision  -    “the pay to drive in London service”

29. With your support, we in the group Stop-Ulez-Expansion.Org, through the legal team of Tilbrook's Solicitors, with leading barrister, Robert Griffiths KC of Six Pump Court, will be issuing a Judicial Review claim, to challenge the ULEZ expansion to Greater London, with  funding stages  2nd , 3rd and 4th which will appear as Campaign Updates :

  • 1st stage will be for a pre-action letter,
  • 2nd stage will be to issue the claim,
  • 3rd stage will be to reply to the defence to the claim,
  • 4th stage will be for the hearing of the claim

Tilbrooks-https://www.tilbrookssolicitorsessex.co.uk/

Robert Griffiths KC- https://6pumpcourt.co.uk/barrister/robert-griffiths-kc/


30. The background to HIGH COURT, legal challenge includes:

1) Mayor Khan gave the people of Greater London the vote as to whether they want ULEZ or not; 24% voted yes to the expansion but the vast majority 66% of those who voted said NO to the expansion. This was stated in Parliament by Gareth Bacon MP for Orpington -Volume 725: debated on Tuesday 20th  December 2022

“ Is the Hon. Gentlemen aware that the figures quoted by Conservative Members come from the Mayor's own consultation, in which 66% of people said, "No, don't do this"? That was despite being asked a load of leading questions about air quality. Despite that, it delivered a two-thirds opposition. That was not people knocking on doors; that was the Mayor's own consultation."

https://hansard.parliament.uk/commons/2022-12-20/debates/DE95EE13-B8D5-4C70-B5C2-E280ABE9DA87/ExpansionOfTheUltraLowEmissionZone

https://www.mylondon.news/news/east-london-news/london-ulez-sadiq-khans-plan-25964984 

Freedom for Drivers Foundation- https://freedomfordrivers.blog/2022/09/07/ulez-expansion-assessment-a-complete-fraud/ 

Alliance of British’s Drivers-https://abd.org.uk/london-mayor-should-come-clean-about-charging-plans/ 


N. DEFRA Clean Air throughout the UK today

2) DEFRA Department of Environment Food and Rural Affairs shows that out of the 171 monitoring sites 168 sites, are low with 3 sites missing data - https://uk-air.defra.gov.uk/latest/ . However despite Mayor Khans rhetoric

  • 0 Sites are Moderate
  • 0 Sites are High
  • 0 Sites are Very High

3) It has been revealed by a study from Imperial College London, which found that ULEZ only contributed to small improvement in air quality after it was implemented;

https://news.sky.com/story/londons-ultra-low-emission-zone-resulting-in-only-marginal-air-quality-improvements-12469903 


O. Jacobs Report  December 2017 -ULEZ may reduce emissions by 0.1%

4) The Jacobs Report was produced in December 2017 for the "Have Your Say Campaign" commissioned by Mayor Khan.  The Report forecasted that ULEZ in Greater London may only  make a reduction of around 0.1%. The PM2.5  (particulate matter ) level is set out on page 48 of the report chart reproduced below

https://haveyoursay.tfl.gov.uk/15619/widgets/44946/documents/27025 


P. Air Quality in Greater London is “greener” than in Central London

5) In Central London roads are generally narrower with much higher multi-storey buildings of flats and offices on either side of the road. Therefore  the road design typically is less conducive to allowing free airflow. Due to human activity, the temperature in an urban microclimate is higher than that of the surrounding areas. Urban areas are said to be urban heat islands as under calm conditions, temperatures are highest in the built-up city centre and decrease towards the suburbs and countryside.

6) However, Greater London largely has vast open spaces with areas of the Green Belt all around it and generally wider roads and single-storey buildings,  diluting any possible alleged improvement, due to naturally higher air flow than Central London.

7)  Met Office UK, National Meteorological Library and Archive Fact sheet 14 — Microclimates, Accessed 30th December 2019  https://www.metoffice.gov.uk/binaries/content/assets/metofficegovuk/pdf/research/library-and-archive/library/publications/factsheets/factsheet_14-microclimates.pdf 


Q. UK air quality limit has not been breached

8) The UK Government have not made any laws through Parliament against cars and vans that are below Euro 4, which is what the ULEZ scheme, effectively has done. As such, what local government, a council or Mayor Khan, implements is secondary legislation by “Regulation” , and therefore its validity can more easily be challenged through the Tribunals and Courts, unlike primary legislation “Statute” which generally can only properly be questioned by the Supreme Court.


R. European Union law does not support ULEZ

9) The European Union introduced Euro 1 in 1992, –which saw catalytic converters became compulsory on new cars. Since then, there have been a series of Euro emissions' standards, leading to the current Euro 6, introduced in September 2014 for new type approvals and rolled out for the majority of new vehicle sales from September 2015. The European Union have not made any new laws that petrol cars before 2005 and diesel cars before 2015 can no longer be used unless a tax is paid, which is what ULEZ has done.

10) Older cars will diminish at their natural rate, as they are doing now and as such forcing them off the road early cannot lawfully be done without a like-for-like compensation scheme by Mayor Kahn, to pay not only for the scrappage but the exact like-for-like replacement of the pre-2005 petrol or pre-2015 diesel car. This move without compensation is questionably a breach of a person's Human Rights.


S. UK Government Ministry of Transport (MOT) - nitrogen dioxide NOT tested

11) The UK Government have not made the Ministry of Transport (MOT) test to include a very small percentage of nitrogen dioxide (NOx), it seems simply because it would be unlawful at this time to do so. This can be viewed as an implied contract with the UK government that if the car passes the MOT, it can then be taxed and used on UK roads.

12) The tax of £12.50 is disproportionate as what it is doing is allowing the alleged polluting car or van to pollute as long as the person pays to drive,  but unlike a boat or ship that is charged for genuine pollution of a river canal or sea area, through fuel or oil spillage, which is cleaned through the deployment of equipment, Mayor Khan who is purportedly authorizing the £12.50 tax has never had, or as far as we are aware nor will ever have, clean air equipment put in place.


T. Euro 1 & 2 -ULEZ fundamental unfairness of older cars and vans 

13) There is a fundamental unfairness operating with car and van owners who have a  small engine  Euro 1 -1993 vehicle or a  medium sixed engine Euro 2 1997, that produce only 20 milligrams more, than the  arbitrary 80 milligrams limit.

14) The cars that are older than 2005 Euro 4 that are producing lower emissions, i.e. Toyota Yaris of 2000, (Euro 2)  along with others which are within 80 mg (NOx), yet deemed failures until challenged, due to a deliberate act of non-disclosure by TFL as a revenue raising ULEZ tax

15) The £12-50 tax is a regressive tax on those who cannot afford to buy a newer car, tax, insure, and maintain the newer car, which attracts labour rates or four to five times than of older cars , due to the technology being  used in the newer car

16) The issue of the UK contributing to global warming figures is nowhere on the world stage, however it is  use of fossil fuels is one of the related  issues, and not as Mayor Khan is framing it, being the few older cars in Greater London


U.   TFL misinformation proposed  class action

17) Furthermore we have evidence the abuse by TFL of misinformation by their website has led to unknown numbers of people, being misled to  prematurely dispose of their ULEZ compliant cars at great costs to themselves.

18) Moreover we have evidence even when an appeal against the ULEZ  tax (on submission of the vehicle manufacture's Certificate of Conformity )   has been accepted, TFL have been withholding the unjust charges ( from their misinformation)  until threatened with the Local Government Ombudsman.

19)  It seems there could be now  a class action claim against TFL for all those owners whose vehicles were prematurely disposed of at a loss,  that did in fact comply with ULEZ arbitrary figure of NOx emission at 80mg/km,  or 0.08g/km


V. Pre Euro 1 -built before 1979 -these 40-year-old vehicles are exempt by ULEZ

20) A car or van that is 40 years old is exempt, however it is this type of vehicle that would have higher nitrogen dioxide, (NOx) levels but is not being taxed by the “Pay to drive in London service”.


W. ANPR for the whole of Greater London if the ULEZ expansion is not stopped

21) Allowing the expansion of ULEZ Mayor Khan will by sleight of hand take the roll out of ANPR, beyond its initial purpose, causing further concern over its legitimacy. There are on-going issues around the lack of statutory footing for ANPR. These are also concerns around proportionality and who gets access to the data which even Professor Fraser Sampson (Commissioner for the Retention and Use of Biometric Material, Surveillance Camera) is also very concerned about what the ULEZ expansion and what it will bring;

https://www.gov.uk/government/publications/tfl-consultation-on-ulez-expansion-commissioner-response/commissioner-response-to-the-tfl-consultation-on-ulez-expansion 


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Update 1

Ed Gregory

Jan. 31, 2023

“ULEZ expansion will reduce pay in a Cost-of-Living Crisis”

X. ULEZ Financial Impact Assessment to Drivers from 29 August 2023

22)      Milliken Consulting, Audit and Compliance, (www.Kmilliken.com) have   prepared a Financial Impact assessment on the affect that the ULEZ expansion would have on incomes- see Telegraph 25 January 2023 “ Sadiq Khan’s Ulez expansion would wipe out pay rises for teachers and nurses”

23)      The figures are based on a 5-day commute into or within the ULEZ;

Teaching Assistant

  • £20,000 gross salary, will need to be increased to
  • £24,411 to enable the driver to pay the daily ULEZ charge of £12.50 from net earnings
  • 22%.*  increase in salary

Care Worker

  • £25,000 gross salary, will need to be increased to
  • £29,411, to enable the driver to pay the daily ULEZ charge of £12.50 from net earnings
  • 17.6%.* increase in salary.

Bus Driver in London

  • £30,000 gross salary, will need to be increased to
  • £34,411 to enable the driver to pay the daily ULEZ charge of £12.50 from net earnings
  • 14.7%.* increase in salary

Teacher, Paramedic

  • £40,000 gross salary, will need to be increased to 
  • £44,411, to enable the driver to pay the daily ULEZ charge of £12.50 from net earnings
  • 11%.* increase in salary.

24)  As the figures show, the lower income groups are particularly discriminated against by ULEZ. 

25) There appears to be NO evidence to show that this critical information was disclosed by Mayor Khan to the public after the  "Have Your Say Consultation" opened on the 20th  May 2022  or  before Mayor Khans decision on the 25th November 2022 to expand ULEZ to Greater London.

* The precise amount is subject to the drivers’ financial circumstances (2022/2023)E&OE

https://www.telegraph.co.uk/news/2023/01/24/sadiq-khans-ulez-expansion-would-wipe-pay-rises-teachers-nurses/ 

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