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    Porsche launch judicial review of London C-Charge

    Porsche Press Release: Porsche launch judicial review of London Congestion Charge

    "C-charge tax won't reduce CO2 emissions" (21 February 2008)

    Following its launch of a judicial challenge against Mayor Ken Livingstone's emissions related congestion charge, Porsche today releases an examination of the expected CO2 savings. Using Transport for London's own figures, the savings expected in an entire year from the emissions charge will be equal to the emissions from Heathrow between 4 minutes and at most 4 hours.

    Commenting on the figures, Andy Goss, Managing Director of Porsche Cars GB, said, "Under closer examination these figures show the negligible environmental benefits of this tax. The emissions saved are a fraction of the amount of the CO2 pumped out every day at Heathrow. Calling this tax an emissions charge is a misnomer. Not only is this new charge an unfair tax on motorists and families, it is a tax that will do nothing to reduce emissions or congestion in London."

    The release of this examination comes two days after Porsche announced that it is seeking to make an application for judicial review of the proposed extension in the congestion charge, which will see the cost of driving some cars in the capital rise from Pounds8.00 a day, or just 80p if they are residents in the congestion zone, to Pounds25.00 a day - an increase of over 3000 per cent. Porsche is seeking a reverse of this action based on the disproportionate nature of the charge.

    Porsche also announces today that it has opened a website for the legal case where families and motorists across London who will be impacted by the new tax can get more information and add their name to a petition against the charge.

    The website is available at: www.porschejudicialreview.co.uk

    Re: Porsche launch judicial review of London C-Charge

    Porsche Press Release

    "C-charge tax won't reduce CO2 emissions"

    Factsheet


    The Mayor Ken Livingstone's new Pounds25 charge on larger cars will have practically no effect on the environment and looks more like an attempt to get additional revenue out of Londoners. The CO2 saved in the first year of this scheme could be as little as 4 minutes of emissions from Heathrow Airport.

    About the Mayor's proposals:

    - Mayor Ken Livingstone is planning to increase the congestion charge for larger "Band G" cars - cars that emit more than 225 grams of CO2 per kilometre.

    - The cost of driving a Band G car into the congestion zone will increase from Pounds8 to Pounds25, a 213 per cent increase.

    - Congestion zone residents who drive Band G cars will lose their exemption. Their charge will now rise from just 80p to Pounds25, a 3025 per cent increase.

    - Cars in the lowest A/B bands will be exempt from all charges.

    What this means for the environment:

    - Speaking at the press conference announcing the new charge, the Mayor admitted that his new charge would have a "small" impact on emissions.

    - According to TFL's report on the proposed emissions related congestion charging, the savings expected in 2009 in CO2 emissions is expected to be anywhere from 100 to 5,000 tonnes per year. [Transport for London, Report to the Mayor Following Consultation with Stakeholders, Businesses, other Organisations and the Public, January 2008, p 50]

    - Even Friends of the Earth stated "that CO2 emissions could increase as a result of the proposals." [Transport for London, Report to the Mayor Following Consultation with Stakeholders, Businesses, other Organisations and the Public, January 2008, p.145]

    - According to the Aviation Environment Federation, Heathrow emits 13.9 million tonnes of CO2 a year. [Aviation Environment Federation]

    - The savings expected from the emissions related congestion charge will be equal to anywhere from 4 minutes to 4 hours.

    - According to the AEA Energy and Environment report, the new charge will not affect general air quality through reducing either NOx or PM10. "Emissions related congestion charging would have a negligible impact on pollutant emissions in 2009. Given that this is the case, it is anticipated that there would similarly be a negligible impact on air quality, and hence the pollutant concentrations would remain the same as for the baseline scenario." [AEA Energy and Environment, "Combined Impact Assessment of Proposed Emissions Related Congestion Charging," 17 August 2007]

    What this means for congestion:

    - As a number of observers have pointed out, exempting A and B band cars from the charge could actually increase congestion as people trade their larger cars for more than one smaller car or who now decide it was now cost effective to drive into central London.

    - According to the AEA Energy and Environment report to Transport for London on the proposed emissions-based congestion charge, "In the longer term, it is possible that the emissions related congestion charging proposals could lead to increases in overall traffic levels within the Congestion Charging zone, with consequential small negative impacts on air pollution." [AEA Energy and Environment, "Combined Impact Assessment of Proposed
    Emissions Related Congestion Charging," 17 August 2007]

    - London First, the business organisation that seeks to attract inward investment into London, has called the Mayor's new plan "daft".

    Porsche_London-CC_Factsheet_link

    Re: Porsche launch judicial review of London C-Charge

    A background briefing on the judicial review process...

    What is a judicial review?


    * Judicial review is the procedure by which individuals and organisations can seek to challenge the decision, action or failure to act of a public body such as a government department or a local authority or other body exercising a public law function.

    * A judicial review may be used to seek the following:
    * a mandatory order (i.e. an order requiring the public body to do something and formerly known as an order of mandamus);
    * a prohibiting order (i.e. an order preventing the public body from doing something and formerly known as an order of prohibition);
    * a quashing order (i.e. an order quashing the public body's decision and formerly known as an order of certiorari);
    * a declaration; or
    * Human Rights Act damages

    * Claims will generally be heard by a single judge sitting in open Court at the Royal Courts of Justice in London. They may be heard by a Divisional Court (a court of two judges) where the Court so directs.

    Who will be taking this action?

    * Porsche Cars Great Britain intends to seek judicial review of the Mayor of London's decision to increase the congestion charge to Pounds25 for cars that produce CO2 emissions of 226g/km and above.

    * Should Porsche file an application for judicial review, it will seek an order quashing the Mayor's decision.

    Why is Porsche intending to take this action?

    * The increase in the congestion charge from Pounds8 to Pounds25 - 213 percent - for high CO2 emitting cars is completely out of proportion with the rest of the congestion charging scheme and the CO2 savings that are anticipated by TfL. The rise for residents in the congestion zone will be even higher - people who currently pay just 80p a day will also have to pay the new Pounds25.00 charge - a rise of over 3000%.

    * The effect will be to decrease CO2 emissions by only a tiny percentage - a fraction of a percentage according to many estimates - while increasing the cost of living in London and hurting business. In the run up to a hotly contested Mayoral election the proposal appears motivated by politics rather than sensible policy making. TfL itself has admitted that the emissions savings will be minimal.

    * As one of the world's leading car manufacturers Porsche feels it is time to draw a line in the sand on this issue. The Mayor of London has not thought through the consequences of his policy which will be bad for London at time when economic confidence is far from certain.

    What are the next steps?

    * As is required by the relevant pre-action protocol, Porsche solicitors will be writing to the Mayor setting out Porsche's basis for challenging the Mayor's decision. The purpose of the letter is to identify the issues in dispute and establish whether litigation can be avoided. The letter will contain the details of the decision which is being challenged and the facts on which the proposed application for judicial review will be based. The Mayor of London will have 14 days to reply.

    * Porsche will not apply for judicial review until it has received and considered any response to its letter or until the proposed reply date in its letter has passed. In the event that the Mayor does not change his position, the claim form for judicial review - Form N461 - will then be filed. It will include a request for permission to apply for judicial review; a detailed statement of the claimants' grounds for bringing the claim for judicial review; a statement of the facts relied on and an application for directions. Porsche and the individual claimants will also file all their written evidence supporting the claim and all appropriate supporting material.

    * The Mayor of London then has 21 days to file an acknowledgement of the claim form which will set out the summary of grounds for contesting the claim and the name and address of any person considered to be an interested party.

    * After the acknowledgement or 21 days has passed, the application for permission is then considered by a single judge who will then let Porsche, the individual claimants and the Mayor know of their decision. If permission is refused it is possible to request a reconsideration of that decision at an oral hearing.

    * If permission is granted then the Mayor will have 35 days to submit grounds for contesting the claim and any written evidence.

    * Once the time for lodging evidence has passed, the Court will provide a list of dates for the hearing.

    What happens once the judicial review is completed?

    * If Porsche is successful, the Mayor's decision to confirm the changes to the congestion charging scheme will be quashed. The Mayor would then need to consider any new version of an emissions-based congestion charging scheme in light of the Court's decision.

    * The party which loses a substantive claim for judicial review will usually be ordered to pay the costs. However the Judge considering the matter has discretion to deal with the issue of costs as he considers appropriate in all of the circumstances. An appeal against the Court's decision can be filed within 7 days of the decision.

    Porsche_Process_link

    Re: Porsche launch judicial review of London C-Charge

    Link to sign Porsche's online petition...

    http://www.porschejudicialreview.co.uk/support_our_case.htm


    Re: Porsche launch judicial review of London C-Charge

    Good for Porsche GB - I'd love to see them win this one

    Re: Porsche launch judicial review of London C-Charge

    Absolutely.

    Re: Porsche launch judicial review of London C-Cha

    In other news, Canada ready to bend over their citizens with the carbon tax scam:
    Provinces free to tackle climate, Ottawa says
    In wake of British Columbia's carbon tax, federal government drops its opposition to regional regulation of greenhouse gas emissions.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20080221.wbccampbell21/BNStory/National/home

    "Ottawa approves the Carbon Tax even as Canadians dig out from record snowfalls."

    Re: Porsche launch judicial review of London C-Cha

    Quote:
    SrfCity said:
    In other news, Canada ready to bend over their citizens with the carbon tax scam:
    Provinces free to tackle climate, Ottawa says
    In wake of British Columbia's carbon tax, federal government drops its opposition to regional regulation of greenhouse gas emissions.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20080221.wbccampbell21/BNStory/National/home

    "Ottawa approves the Carbon Tax even as Canadians dig out from record snowfalls."



    What a big money grabbing scam.

    Re: Porsche launch judicial review of London C-Cha

    Quote:
    SoCal Alan said:
    Quote:
    SrfCity said:
    In other news, Canada ready to bend over their citizens with the carbon tax scam:
    Provinces free to tackle climate, Ottawa says
    In wake of British Columbia's carbon tax, federal government drops its opposition to regional regulation of greenhouse gas emissions.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20080221.wbccampbell21/BNStory/National/home

    "Ottawa approves the Carbon Tax even as Canadians dig out from record snowfalls."



    What a big money grabbing scam.




    You got it exactly right. I am waiting for what they will come up with when the new fad is "Global Cooling" and that is coming soon, because the planet is not warming, but cooling...

    Re: Porsche launch judicial review of London C-Cha

    To my British friends: I'm behind this effort to call this movement what it is,--money grabbing. Let the market determine how much congestion central London can handle, not a bunch of bureaucrats in Whitehall!

    dan

    Re: Porsche launch judicial review of London C-Cha

    Come to think of it, it's not a money grab. They would have grabbed our money no matter what, as long as they have expenses to fund. The money they spend has to come from somewhere. Anywhere.

    Re: Porsche launch judicial review of London C-Cha

    Global warming = Sun getting closer to the earth - there is nothing anyone can do about it.

    When Red Ken came to power in London years ago he said something along the lines of "If I get my way, there will be no motor cars in London". If he improved public transport I'm sure a lot of people wouldn't mind so much - but the fact that it is still really bad, he hasn't got a leg to stand on.

    Shame on him. Kudos to Porsche.

     
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