Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Please note that it is not permitted to have referral links posted in your signature. Keep these links contained in the appropriate forum. Thank you.

https://www.boards.ie/discussion/2055940817/signature-rules

The M50 Barrier Free Tolling Thread

Options
1…4344464849…65

Comments

  • Options
    #1352
    simples
    Closed Accounts Posts: 46 ✭simples


    Sinderella wrote: »
    Still haven't found anyone who can answer the (to me) blindingly obvious:
    How can they threaten to take you to court for "failing" to pay a toll when you refuse to pay a fine? (as happened to me)
    I paid the toll, albeit a few hours late but I paid it. I'll be fecked if I'm gonna give them another 40 odd € on the back of the totally irrelevant law they keep quoting at me!

    All letters are now filed in my green bin :D

    I'd still put my money on this being the main reason for cases being chucked out of court. If one ever gets as far as court! :rolleyes:

    I'm not 100% on the court cases, as we got as much info as anybody else i.e. none. But I would imagine they would go down the line of you not paying the fine due to failing to pay the toll within the time limit? If any other more experienced agents have an answer I'm sure they will let you know.

    But I certainly wouldn't recommend throwing out any letters, keep them as a reference for solicitors or anyone else, even if you aren't going to pay. The letters are automatically generated by the system at head office so you can't be guaranteed BEF will provide you with extra copies.


  • Options
    #1353
    Sinderella
    Registered Users Posts: 88 ✭✭Sinderella


    Thanks simples, but the law only states that you are open to prosecution if you fail pay the toll. AFAIK, there is no law that states the toll must be paid by 8pm of the day following your passage. I'm open to correction on that of course.
    That's why I think their cases are flimsy.

    Also, I wouldn't be suprised if some legal eagle somewhere could dig up an Irish / European law that allows someone more than 48hrs to pay a toll if facilities are not there to pay at the time.
    There's always a loophole! :D


  • Options
    #1354
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    If eflow/BEF/NRA were so confident of their cases they would be dragging non payers thru the courts at a rate of knots. To date they have taken no one to court. I reckon they will never bother.


  • Options
    #1355
    mp22
    Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    Thanks for the replies think I will try the credit card option (with print screen)
    will let you know how it goes.


  • Options
    #1356
    Sinderella
    Registered Users Posts: 88 ✭✭Sinderella


    Bond-007 wrote: »
    If eflow/BEF/NRA were so confident of their cases they would be dragging non payers thru the courts at a rate of knots. To date they have taken no one to court. I reckon they will never bother.

    I reckon you could be right Mr Bond. ;)


    I called them about my fine and asked the girl on the phone why they charged this €40 for late payment.
    "you just have to pay it" (very informative)
    They also wanted me to re-pay the €6 I had already paid!
    Again I asked why
    "because you have to"
    :eek:
    eh... I don't think so!

    I'd have been just as enlightened if I'd asked my 3 year old.

    Anyhoo, that was about 4 weeks ago, I've heard nothing since, should I expect a solicitors letter?


  • Advertisement
  • Options
    #1357
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    I've heard nothing since, should I expect a solicitors letter?
    You will receive a letter from Sue, Legget and Run in due course.


  • Options
    #1358
    ART6
    Registered Users Posts: 2,632 ✭✭✭ART6


    benifa wrote: »
    Sure fire way of avoiding the hassle and the cost, is not to use that part of the M50.

    My wife tried that by never ever driving beyond Waterford city. She still got a toll demand and a threatening letter:)


  • Options
    #1359
    Sinderella
    Registered Users Posts: 88 ✭✭Sinderella


    Bond-007 wrote: »
    You will receive a letter from Sue, Legget and Run in due course.

    :D I will wait anxiously by my letterbox!


  • Options
    #1360
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,054 Mod ✭✭✭✭Seth Brundle


    Which piece of legislation governs the toll penalties?


  • Options
    #1361
    guitar
    Closed Accounts Posts: 20 ✭guitar


    kbannon wrote: »
    Which piece of legislation governs the toll penalties?


    Its to do with the By Laws of the M50. I would ellborate but ive gotta go do an exam,


    Im also an ex employee :)


  • Advertisement
  • Options
    #1362
    Sinderella
    Registered Users Posts: 88 ✭✭Sinderella


    kbannon wrote: »
    Which piece of legislation governs the toll penalties?

    AFAIK, the actual tolling itself is the "Local Government (Toll Roads) Act, 1979"

    The law (and the bit they quote from in their threatening letters) states:
    "It is an offence in Ireland to fail, neglect or refuse to pay a toll on a national road.
    Failure to pay your toll will mean that you cannot pass along the road."

    I assume this quote is fron the "ROADS ACT, 1993"
    which I haven't read but you can read it here:
    http://www.irishstatutebook.ie/1993/en/act/pub/0014/index.html

    I can't find anything that lays out exact time limits on what is considerd to be a failure to pay though.

    Personally, I stand by what I said, I did not "fail, neglect or refuse to pay". I paid as soon as I could, which happened to be a few hours past their 8pm time limit. (I would have paid on time if it wasn't for their ****ty system. I did try.)


  • Options
    #1363
    simples
    Closed Accounts Posts: 46 ✭simples


    Thanks Sinderella, I had a look at the link you gave and this part of the Roads Act 1993 seems to apply to the collection of tolls. I read over it briefly, but I am in no way legally inclined so I won't pretend to know exactly what it is about. Here is the link:

    http://www.irishstatutebook.ie/1993/en/act/pub/0014/sec0056.html

    The relevant points I picked up are:
    Section 59.—(1) Subject to the provisions of this Part, a road authority may charge and collect tolls of such amounts as may be specified for the time being in bye-laws made by it under section 61 in respect of the use of a toll road.

    and section 61 mentioned there refers to..

    Section 61.—(1) A road authority may, after consultation with the Commissioner, make such bye-laws as it considers expedient for the purposes of the operation and management of a toll road.

    As I said, I am not a legally minded person, but does it seem to anyone else that eFlow are allowed by the law to charge whatever they want through their own bye-laws? It also mentions that "Bye-laws made under subsection (1) shall have no effect unless and until the Minister approves them.".. so these have been passed by Noel Dempsey if I'm not mistaken.

    If anyone interprets anything else interesting please let us know!


  • Options
    #1364
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    And it would make it a criminal matter.

    But they are using the civil route to collect. You can't collect fines using the civil debt procedures.


  • Options
    #1365
    Sinderella
    Registered Users Posts: 88 ✭✭Sinderella


    Jeez simples, that's a bit scary if eflow can just create their own bye-laws! I imagine the minister who has to sign off crap like that not even bothering to take the time to read it lol!
    Bond-007 wrote: »
    And it would make it a criminal matter.

    But they are using the civil route to collect. You can't collect fines using the civil debt procedures.


    I haven't a clue about the difference between the courts / systems but this is on the citizens information website re tolls:

    "Penalties for not paying toll fees
    All motorists who are liable to pay toll fees and who fail, neglect or refuse to pay them are guilty of an offence. They are liable on summary conviction in a District Court to a fine not exceeding €1,270.
    The amount of any toll due is recoverable as a simple contract debt in any District Court."

    :confused: "simple contract debt in any District Court." :confused:


  • Options
    #1366
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    The amount of any toll due is recoverable as a simple contract debt in any District Court.
    Indeed i.e. €3.00 a civil matter.
    The penalties (which a criminal matter) cannot be collected in such a manner.


  • Options
    #1367
    simples
    Closed Accounts Posts: 46 ✭simples


    Sinderella wrote: »
    :confused: "simple contract debt in any District Court." :confused:

    I think this means that by using the M50 you are entering in to a contract to pay the tolls, associated fines incorporated into the contract? Therefore by failing to pay any/all amounts due you are open to the prosecution for breaching the contract.

    And I reckon that by your car being on the road this is seen as willingness to enter the contract. As far as I know, being the registered owner of the car makes you liable, regardless of whether or not you were the driver on the day.


  • Options
    #1368
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    simples wrote: »
    I think this means that by using the M50 you are entering in to a contract to pay the tolls, associated fines incorporated into the contract? Therefore by failing to pay any/all amounts due you are open to the prosecution for breaching the contract.

    And I reckon that by your car being on the road this is seen as willingness to enter the contract. As far as I know, being the registered owner of the car makes you liable, regardless of whether or not you were the driver on the day.
    The tolls can be collected as a civil debt. The fines or penaties cannot be collected using civil procedures. They are a criminal matter.

    The registered owner being liable will have to be tested in court. In a civil action it would be very unlikely to be held that a registered owner can be held responsible for a drivers actions. The contract would be between the driver and the NRA.

    As there have been no court cases we could be waiting a while for a ruling.


  • Options
    #1369
    simples
    Closed Accounts Posts: 46 ✭simples


    Thanks for the clarification! I did say I wasn't legally minded :)

    We were all eagerly waiting the outcome of any court cases in the call centre, out of curiosity as well as to be able to answer questions over the phone. I reckon anyone who was (or still is.. Abtran!) on the phones would still be very interested to see how the whole thing pans out legally.


  • Options
    #1370
    Sinderella
    Registered Users Posts: 88 ✭✭Sinderella


    It's all too confusing! Which is probably why they haven't tested a case yet. Probably scared of the big can of worms :D

    I hope the 1st person in court is a boards user and can give us a running commentary :cool:


  • Options
    #1371
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    Sinderella wrote: »
    "Penalties for not paying toll fees
    All motorists who are liable to pay toll fees and who fail, neglect or refuse to pay them are guilty of an offence. They are liable on summary conviction in a District Court to a fine not exceeding €1,270.
    The amount of any toll due is recoverable as a simple contract debt in any District Court."

    :confused: "simple contract debt in any District Court." :confused:

    The section of the 1993 Act allow for BYE LAWS to be made. The penalties are specified in the BYE laws themselves or published in accordance with the Bye Laws

    These bye-laws are made by the minister or the chairman of the NRA for a stretch of road and publised in Irish Oifigiuil, here is the Kilcock - Kinnegad one

    http://www.irisoifigiuil.ie/archive/2005/november/2005%2011%2015%20IO%20Issue.pdf

    That Bye Law does not set out a penalty but says
    A person who is liable to pay the Appropriate Toll and who
    fails, neglects or refuses to pay the Appropriate Toll shall
    be guilty of an Offence
    The amount of any Appropriate Toll due and payable by a
    person under these Bye-Laws and unpaid may be recovered
    from the person by whom it is payable as a simple contract
    debt, including any statutory administrative charges that
    may apply, in any court of competent jurisdiction.

    The M50 Toll Scheme Bye Laws are here

    http://www.irisoifigiuil.ie/archive/2008/july/2008%2007%2025%20IO%20Issue.pdf

    Page 17 onwards, look for NRA sign .

    Note 1
    The Interpretation Act 2005 shall apply to these Bye-Laws.

    Note 2 , Section 6.2
    no User or Vehicle may use the Toll Road without:
    (a) during the Interim Period, paying the Applicable Toll or having arrangements, to
    the satisfaction of the Authority, for payment of the Applicable Toll and such
    arrangements are complied with; or
    (b) at any other time:
    (i) in the case of a Registered Vehicle, having arrangements, to the
    satisfaction of the Authority, for payment of the Applicable Toll and such
    arrangements are complied with; or
    (ii) in the case of an Unregistered Vehicle, paying, or arranging for the
    payment of, the Applicable Toll on or before the Cut-Off Time    .

    Therefore if you AUTHORISED a credit card payment but it had not gone through you can prove "arranging" and are compliant . What is this "cut-off time" mallarkey then ???

    That is in the definitions
    “Cut-off Time” means, in respect of any use of the Toll Road, 20:00 on the day
    following such use.

    also note
    “Initial Default
    Toll”
    means, in respect of each User/Vehicle Class and at any time, the
    Base Initial Default Toll, adjusted in accordance with Regulation
    15.
    “Initial Default
    Period”
    means the period within which an Accountable Person may pay the
    Initial Default Toll, being fourteen (14) days after:
    (a) the Cut-Off Time; or
    (b) in the case of any Applicable Toll the subject of collection
    arrangements, the expiry of the relevant collection period
    specified in such collection arrangements
    “Additional
    Default Toll”
    means, in respect of each User/Vehicle Class and at any time, the
    Base Additional Default Toll, adjusted in accordance with
    Regulation 15.
    “Additional
    Default Period”
    means the period within which an Accountable Person may pay the
    Additional Default Toll, being fifty-six (56) days after the expiry of
    the Initial Default Period.

    20:00 GMT or BST or UTC , it does not say , that would be an hours grace for sure unless teh Interpretation Act 2005 has a definition of time therein :D

    To Section 13
    13. TOLLS – PUBLICLY AVAILABLE
    13.1 A list of the Applicable Tolls for an Unregistered Vehicle authorised by these Bye-Laws
    shall at all times be exhibited in a conspicuous place at or near the Toll Location on the
    Toll Road.

    To Sections 18 and 19
    18. FAILURE TO PAY TOLL
    18.1 A person who is liable to pay the Toll and who fails, neglects or refuses to pay the Toll
    shall be guilty of an offence in accordance with Section 64 of the Act.
    18.2 The amount of any Toll due under these Bye-Laws and unpaid in respect of the use by a
    Vehicle of a Toll Road may be recovered from a responsible Accountable Person by
    whom it is payable as a simple contract debt.
    18.3 Where there is any Toll outstanding in relation to a Vehicle:
    (a) such Vehicle is not entitled to use the Toll Road; and
    (b) the Road Operator may, by itself or with such assistance as it thinks necessary,
    stop and prevent that Vehicle from using the Toll Road.
    19. DEFAULT TOLLS
    19.1 Where the Applicable Toll payable in respect of the use of the Toll Road by a Vehicle is
    not paid on or before:
    (a) the Cut-Off Time; or
    (b) in the case of any Applicable Toll the subject of collection arrangements, the
    expiry of the relevant collection period specified in such collection arrangements,
    in each case, applicable to such Applicable Toll, the Accountable Person shall thereupon
    be liable to pay the Initial Default Toll applicable to the Vehicle Class to which the
    Vehicle belongs.
    19.2 Where the Initial Default Toll payable in accordance with Regulation 19.1 is not paid
    before the expiry of the Initial Default Period, the Accountable Person shall thereupon be
    liable to pay the Additional Default Toll applicable to the Vehicle Class to which the
    Vehicle belongs.
    19.3 Where the Additional Default Toll payable in accordance with Regulation 19.2 is not
    paid before the expiry of the Additional Default Period, the Accountable Person shall be
    liable to pay immediately the Final Default Toll applicable to the Vehicle Class to which
    the Vehicle belongs.

    Therefore to satisfy the requirements of Section 13 the following tolls

    Applicable Toll
    Initial Default Toll
    Additional Default Toll

    Must at "all times be exhibited in a conspicuous place at or near the Toll Location


  • Advertisement
  • Options
    #1372
    simples
    Closed Accounts Posts: 46 ✭simples


    Sponge Bob wrote: »
    Therefore to satisfy the requirements of Section 13 the following tolls

    Applicable Toll
    Initial Default Toll
    Additional Default Toll

    Must at "all times be exhibited in a conspicuous place at or near the Toll Location

    Good spot! This caused some grievances, as a lot of customers felt they weren't fully informed of the consequences of non-payment. We leaned on the fact that it does state to pay by 8pm. In fairness.. saying there is a deadline does suggest that there are consequences, but non-regular users wouldn't be fully informed.

    A lot of customers going to the airport or for a shopping trip to Newry or elsewhere may not have been fully aware of how important it is to pay on time. If they tried to pay online, over the phone or in store but weren't able to for one reason or another, they more often than not would think "sure I'll pay it tomorrow" not realising they are leaving themselves open to fines.

    Paying €6.00 for a return outside the deadline they would not know to give a reference so they can pay the 2 x €3.00 STRs i.e. €12.00 total. If, and I stress IF they got a letter(s) requesting €6.00 they assume it's paid and be done with it. 14 days later.. €41.50 hits them.

    Information on fines needs to be transparent from the outset so customers can make fully informed decisions on how/when/how much they are paying.


  • Options
    #1373
    Bluefoam
    Registered Users Posts: 7,721 ✭✭✭Bluefoam


    Am I supposed to brake suddenly and type the phone number into my phone when I see the sign on the M50? I'm not good at remembering numbers as I pass them at motorway speeds...


  • Options
    #1374
    ART6
    Registered Users Posts: 2,632 ✭✭✭ART6


    Bluefoam wrote: »
    Am I supposed to brake suddenly and type the phone number into my phone when I see the sign on the M50? I'm not good at remembering numbers as I pass them at motorway speeds...

    Presumably yes. That's why the toll booths were replaced -- to eliminate the traffic delays:D

    I never cease to be amazed by the inventive minds of FF when it comes to screwing the public.

    Maybe there's another way of administering this system -- Give the contract to an Irish company. Give occasional users a week to pay. Give regular users a chip card that works. Provide a call centre that is not hamstrung.

    Alternatively, accept that the public have paid for the bridge at least three times over by now and scrap all tolls.


  • Options
    #1375
    Carawaystick
    Registered Users Posts: 8,779 ✭✭✭Carawaystick


    SpongeBob, How does the priority of laws affect the M50 byelaws?
    i'd imagine national legislation passed by the Oireachtas and signed into law by a minister overrides any byelaw where they conflict no?

    And the latest law to be signed by a minister overrides any older laws where they conflict?

    So the consumer protection act which makes it a criminal offence to advertise misleading prices would over rule the M50 byelaws. The price for a car as advertised on the M50 is EUR3 and discounts may apply. No extra costs advertised there, so charging more would be breaking this law.


    KBannon, I sent a follow up reminder email to the nra asking them about the lack of email yesterday, also why their website only works with certain browsers, not safari nor the symbian browser - I pointed out using a mobile would be much handier to pay online.... original email sent at the start of the month, not holding my breath though.....


  • Options
    #1376
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    Carawaystick wrote: »
    SpongeBob, How does the priority of laws affect the M50 byelaws?

    i'd imagine national legislation passed by the Oireachtas and signed into law by a minister overrides any byelaw where they conflict no?

    Yep . A New Act could certainly invalidate bye-laws
    And the latest law to be signed by a minister overrides any older laws where they conflict?

    No conflict, newest is rightest .
    So the consumer protection act which makes it a criminal offence to advertise misleading prices would over rule the M50 byelaws.

    A 1980 act , not sure about that . It may also exclude road tolls ( even back then) from its scope but I have not checked .
    The price for a car as advertised on the M50 is EUR3 and discounts may apply. No extra costs advertised there, so charging more would be breaking this law.

    Well my reading of the bye laws is that the prices must be clearly displayed . That means as I said that ALL of these tolls detailed in the

    sponge bob wrote:

    Therefore to satisfy the requirements of Section 13 the following tolls

    Applicable Toll
    Initial Default Toll
    Additional Default Toll

    Must at "all times be exhibited in a conspicuous place at or near the Toll Location"



    All of them , they are equally valid in the bye law . Therefore the signage mandated in section 13 should display all of those tolls not just the €3 which is the 'Applicable Toll' on that list .

    My reading is that if all 3 of those tolls are not clearly shown on a sign then they may not be applied . I only ever saw the €3 one on a sign .

    Read the bye law sections 13 and 18 19 and the definitions .


  • Options
    #1377
    papachango
    Registered Users Posts: 92 ✭✭papachango


    Appreciate all the good information here folks, keep it up.
    I need some clarification on the 'Default Tolls'.
    When you get an eflow letter looking for over €40 for not paying a toll, can they legally extort that amount from you in a court? Clearly they have not displayed any other amount apart from €3 on the gantry/signage.
    I understand it that they can only charge you the amount that is displayed on the gantry e.g. €3 and that future 'penalties' €40 etc have no standing unless they are also displayed on the gantry. Is this correct?

    I do not understand clearly spongebob so any clarification would be welcomed. (I am being 'groomed' by Eflow at the moment for a right rodgering!)

    Big thanks to Jenny for revealing what we all suspected.

    Lets blatantly screw the moronic Irish again, Just keep pumping 'em full of soap operas and pints.

    At least dick turpin wore a mask to let you know you were being robbed!


  • Options
    #1378
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,054 Mod ✭✭✭✭Seth Brundle


    papachango wrote: »
    Appreciate all the good information here folks, keep it up.
    I need some clarification on the 'Default Tolls'.
    When you get an eflow letter looking for over €40 for not paying a toll, can they legally extort that amount from you in a court? Clearly they have not displayed any other amount apart from €3 on the gantry/signage.
    I understand it that they can only charge you the amount that is displayed on the gantry e.g. €3 and that future 'penalties' €40 etc have no standing unless they are also displayed on the gantry. Is this correct?
    Thats my understanding of it so far. I was fairly certain that a law (don't know what kind) was passed in the last year or two concerning the tolling. If thats the case then it may overrule all of the above.


  • Options
    #1379
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    papachango wrote: »
    I understand it that they can only charge you the amount that is displayed on the gantry e.g. €3 and that future 'penalties' €40 etc have no standing unless they are also displayed on the gantry. Is this correct?

    The word "conspicous" is used in Section 13 of the bye law . I need photos :D

    The 3 charges must ALL be "conspicuous" , eg the €3 , the €6 and the €40 which are as I understand it the Applicable Toll and the Initial Default Toll and the Additional Default Toll as defined in the bye law. So far we agree that the Applicable Toll of €3 is clearly displayed but the bye law states that all three of them are to be displayed in a "conspicuous" manner .

    As it is a free flow system and as there is no requirement to leave the car or to drop below approx 50kph then there is a requirement for all the charges to be "conspicuous" from your car AND while travelling at 50kph AND in all light conditions to a person with average vision . I need more photos I think :D

    KBannon. The M50 bye laws I refer to were published less than 1 year ago . They are secondary legislation not primary legislation but they are the applicable law. If there is something else or something more recent then show it to me please.

    These are they, page 17 onwards. http://www.irisoifigiuil.ie/archive/2008/july/2008%2007%2025%20IO%20Issue.pdf

    An updated version would have appeared in a more recent Iris Oifigiuil than that one from July 2008 , eg had there been a change in primary legislation such as a Roads Act 2009 or somesuch.

    A final point is that if they DO change the signs in future to make them "Conspicuous" then before and after photos will prove that the old sign was not "conspicuous" and will get you off any charges ( over €3) occured BEFORE the new sign went up .


  • Options
    #1380
    Seth Brundle
    Moderators, Politics Moderators Posts: 39,054 Mod ✭✭✭✭Seth Brundle


    Sponge Bob wrote: »
    KBannon. The M50 bye laws I refer to were published less than 1 year ago . They are secondary legislation not primary legislation but they are the applicable law. If there is something else or something more recent then show it to me please.

    These are they, page 17 onwards. http://www.irisoifigiuil.ie/archive/2008/july/2008%2007%2025%20IO%20Issue.pdf

    An updated version would have appeared in a more recent Iris Oifigiuil than that one from July 2008 , eg had there been a change in primary legislation such as a Roads Act 2009 or somesuch.
    Cool - that pretty much finalises it then!
    I wonder what the NRA have to say about it all


  • Advertisement
  • Options
    #1381
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    kbannon wrote: »
    Cool - that pretty much finalises it then!
    I wonder what the NRA have to say about it all

    The NRA will say nothing whatsoever.

    If you get a fine and are satisfied that only the €3 charge is displayed properly AND that you paid it then write this email to info@nra.ie


    "Under Section 13 of the M50 Toll Bye Laws published in July 2008 it is a requirement that ALL potentially applicable tolls, namely the following 3 :

    Applicable Toll
    Initial Default Toll
    Additional Default Toll

    are displayed in a "conspicuous" manner in what a reasonable person would consider a reasonable proximity to the Toll location north of the Liffey on the M50 and where this "conspicuous" signage is readily readable from a vehicle moving at the minimum motorway speed of 50kph.

    As the only toll so displayed is the Applicable Toll of €3 then any effort to collect any other toll by the NRA or by any agent of the NRA is ultra vires by reason of non display of said toll in a "conspicuous " manner as prescribed by Section 13 of the M50 Toll Bye Laws .

    As I have paid my €3 I require that you immediately cease harassing me for any additional monies as these additional monies are not displayed in "conspicuous" manner as per the applicable bye laws .

    Failure to comply shall result in my taking a legal action against the NRA"


Advertisement