Onder 4.33 Parket bij de Hoge Raad 16 juli 2020

The congestion charge imposed and administered by Transport for London is different in a number of respects from a road toll. It is a flat rate imposition on any vehicle driven within the central London congestion charge zone. It applies even where the driving is inadvertent, for example, where the driver approaching the boundary road discovers too late that a right or left turn is prohibited and trespasses within the zone for only a few seconds in order to return lawfully to the boundary road. There are discounts for residents within the zone who have in many cases no real choice as to whether to drive within it, as (p. 304) well as for disabled drivers and drivers of alternative fuel vehicles. The revenue raised by the scheme must be used for improvements to public transport, which may provide an alternative or a benefit for some drivers but not for all who contribute. The primary purpose of the scheme, whose priorities are described in the transport strategy of the Mayor of London published on 10 July 2001, is to deter drivers from using the zone and so reduce congestion. Transport for London take the position that the central London congestion charge is analogous to a road toll or a parking fee and that the ‘specific service rendered’ to those who pay it is a quicker journey by car or better public transport. The UK Government have supported this position, while suggesting that the issue should be resolved between Transport for London and foreign diplomatic missions. In November 2005 the Government told Parliament:

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