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The M50 Barrier Free Tolling Thread

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    #1832
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    steve06 wrote: »
    Let them take him to court. You've made a payment and are also trying to settle some more but they're not accepting. The judge will probably be pissed off that they're not accepting the €600 in the current climate.
    He has paid them €49 too much already.


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    #1833
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    markpb wrote: »
    The collection agency could bring him to court, get a ruling against him and, if he's unable to pay, the court could ask the sheriff to collect.
    Again it won't be the collection agency. Any legal action has to be brought by eflow.


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    #1834
    Bjorn Bored.
    Closed Accounts Posts: 234 ✭✭Bjorn Bored.


    Haddockman wrote: »
    He has paid them €49 too much already.



    Hi Haddockman,

    Can you maybe elaborate on this? I do not understand,should I write to them and tell them that the 100euro alredy paid is my settlement on the debt?

    Many thanks.


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    #1835
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    It is my view that their penalties are unlawful and would not be upheld if challenged in court.

    I suggest you seek legal advice.


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    #1836
    markpb
    Registered Users Posts: 9,250 ✭✭✭markpb


    Haddockman wrote: »
    It is my view that their penalties are unlawful and would not be upheld if challenged in court.

    I suggest you seek legal advice.

    Haven't people in this thread (or at least on this forum) already been brought to court and had rulings against them?


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    #1837
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    They haven't challenged the penalty nature of the charges.


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    #1838
    markpb
    Registered Users Posts: 9,250 ✭✭✭markpb


    Haddockman wrote: »
    They haven't challenged the penalty nature of the charges.

    The toll was created by the M50 Tolling By Laws, 2008. They derive their authority from section 61 of the Roads Act, 1993. Assuming the minister did actually sign the by-laws, they're perfectly legal.

    If you're suggesting that the NRA don't have the authority to charge penalties regardless of the by laws, why don't you (or why hasn't someone else) appealed to the courts and sought a judicial review of the constitutionality of the by laws? Surely there'd be a lot of good publicity for the solicitor who helped a client to fight the penalties?


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    #1839
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    I has no desire to do so as it does not affect me directly.

    The fact that the penalties are not advised on the road signs would give a reasonable shot at a challenge to the penalty tolls. If the signs said something along the lines of "Failure to pay will result in penalty charges" would strengthen their case. It can also be argued that the penalty amounts do not reflect the losses suffered by eflow.


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    #1840
    mcwhirter
    Closed Accounts Posts: 1,432 ✭✭✭mcwhirter


    What a waste of time and resources this is.

    Pay nothing, cowen and his shoite government deserve feck all


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    #1841
    Seth Brundle
    Moderators, Politics Moderators Posts: 38,899 Mod ✭✭✭✭Seth Brundle


    markpb wrote: »
    The toll was created by the M50 Tolling By Laws, 2008. They derive their authority from section 61 of the Roads Act, 1993. Assuming the minister did actually sign the by-laws, they're perfectly legal.

    If you're suggesting that the NRA don't have the authority to charge penalties regardless of the by laws, why don't you (or why hasn't someone else) appealed to the courts and sought a judicial review of the constitutionality of the by laws? Surely there'd be a lot of good publicity for the solicitor who helped a client to fight the penalties?
    The suggestion was that (IIRC) section 13 refers to haing all tolls (which under the definitions) would include the penalty scheme should be clearly displayed along the motorway, which it isn't!
    mcwhirter wrote: »
    What a waste of time and resources this is.

    Pay nothing, cowen and his shoite government deserve feck all
    What a great contribution you made there sir. :rolleyes:


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    #1842
    James Hunt
    Registered Users Posts: 272 ✭✭James Hunt


    Is anyone else finding that www.eflow.ie isn't working at the moment - and wasn't working yesterday either?


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    #1843
    1 lady driver
    Closed Accounts Posts: 3 ✭1 lady driver


    Hi, Starting a new job soon have to travel from clondalkin to swords. Thinking m50 is quickest way from a to b. looking at tags for car are they all the same for daily journeys?:)


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    #1844
    Mc Love
    Registered Users Posts: 14,015 ✭✭✭✭Mc Love


    No loans or mortgages for toll dodgers

    http://www.irishtimes.com/newspaper/ireland/2010/1028/1224282143996.html


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    #1845
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Mc Love wrote: »
    No loans or mortgages for toll dodgers

    http://www.irishtimes.com/newspaper/ireland/2010/1028/1224282143996.html
    More eflow propaganda.


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    #1846
    rev2.0
    Registered Users Posts: 235 ✭✭rev2.0


    Anyone been to court recently? Up next Tuesday, they're looking for over 2k even though the car has a tag:rolleyes:


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    #1847
    markpb
    Registered Users Posts: 9,250 ✭✭✭markpb


    rev2.0 wrote: »
    Anyone been to court recently? Up next Tuesday, they're looking for over 2k even though the car has a tag:rolleyes:

    Have you contacted both BEF and the tag issuer? What did they say? Was your tag always used with the correct car reg that it's issued to?


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    #1848
    buzzymam
    Closed Accounts Posts: 146 ✭✭buzzymam


    rev2.0 wrote: »
    Anyone been to court recently? Up next Tuesday, they're looking for over 2k even though the car has a tag:rolleyes:

    Still waiting on summons for an unpaid toll from last november. Have since got the tag system and paid the forgotten 6 quid. 1 income family of 5 with mortgage, not a snowballs chance in hell of finding the outrageous 352 the solicitors (glorified debt collectors) were looking for.

    Have they been taking many to court, not heard much about it in media.


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    #1849
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    You need to read eflows propaganda organs to find reports which all favour them.

    They will not persue a debt of €350 as the legal costs are too high and are not recoverable. It is mostly those who owed thousands that they are taking to court.


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    #1850
    rev2.0
    Registered Users Posts: 235 ✭✭rev2.0


    markpb wrote: »
    Have you contacted both BEF and the tag issuer? What did they say? Was your tag always used with the correct car reg that it's issued to?

    BEF couldn't deal with it when I contacted them, car is registered to my parents address and I'm on the other side of the country so didn't get the notices until a summons was served, my own fault I know! That was the reason I got the tag in the first place!

    Tag issuer said that eflow pass the charges to them each time a tag crosses the toll point - problem must be at eflows end.

    Tag has only ever been used on one car, the one it is registered to..

    I'll show up, plead my case and see what happens..


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    #1851
    ArphaRima
    Registered Users Posts: 1,676 ✭✭✭ArphaRima


    For anyone driving on a foreign reg; no diplomatic immunity!

    I just got a bill for 8 crossings. They seem to have charged me around 6 euro per crossing. I just paid it. Not worth the hassle.

    I drive a UK reg car. They sent it to my uk address, through an intermediary company called www.epcplc.com
    Fair cop.


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    #1852
    kaiser sauze
    Registered Users Posts: 1,558 ✭✭✭kaiser sauze


    fluffer wrote: »
    For anyone driving on a foreign reg; no diplomatic immunity!

    I just got a bill for 8 crossings. They seem to have charged me around 6 euro per crossing. I just paid it. Not worth the hassle.

    I drive a UK reg car. They sent it to my uk address, through an intermediary company called www.epcplc.com
    Fair cop.

    Yep, that's their international co-conspirators.


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    #1853
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Still unenforceable. Never pay epcplc. They have no powers to enforce.


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    #1854
    kaiser sauze
    Registered Users Posts: 1,558 ✭✭✭kaiser sauze


    Haddockman wrote: »
    Still unenforceable. Never pay epcplc. They have no powers to enforce.

    Do they not have the ability to issue a summons to a court hearing in whatever jurisdiction they sent the notice to?


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    #1855
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Nope.


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    #1856
    kaiser sauze
    Registered Users Posts: 1,558 ✭✭✭kaiser sauze


    Haddockman wrote: »
    Nope.

    :confused::confused:

    OK!


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    #1857
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    I shall explain.

    EPC would have a problem proving in a county court that there is a debt. They would have to establish that the person they have made a claim against is the person liable to the charge. The accused could then force EPC to prove every aspect of their case. This would cost a fortune.

    EPC play a numbers game. Most people will pay up without question.

    http://www.telegraph.co.uk/motoring/2719359/Parking-in-Europe-Fine....html
    However, according to the legal departments of two of Europe's leading motoring organisations, EPC has no right to claim payment from British motorists. An AA spokesman said: "There are no bilateral or EC-wide conventions in force on the mutual recognition and enforcement of financial penalties." And Matthias Schmitting, spokesman for Germany's largest motoring body, the ADAC, added: "There is an agreement over fines between Germany and Austria, but not with any other country in Europe."

    Mr Deckmark countered: "There is legislation in place to do this but it's still a very cumbersome process because you need a court judgment that has to be ratified to give legal power in another country, and that's not cheap. However, we find authorities in some countries are more determined than others. The further north you go in Europe, the keener councils seem to be to act."

    The AA maintained that the best course of action for anyone who receives a demand from Euro Parking Collection is to ignore it.


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    #1858
    kaiser sauze
    Registered Users Posts: 1,558 ✭✭✭kaiser sauze


    Haddockman wrote: »
    I shall explain.

    EPC would have a problem proving in a county court that there is a debt. They would have to establish that the person they have made a claim against is the person liable to the charge. The accused could then force EPC to prove every aspect of their case. This would cost a fortune.

    EPC play a numbers game. Most people will pay up without question.

    http://www.telegraph.co.uk/motoring/2719359/Parking-in-Europe-Fine....html

    Thanks, very revealing.


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    #1859
    leshogan
    Closed Accounts Posts: 61 ✭✭leshogan


    Just got the letter from solicitors, €143.50 my fault should have paid, what will happen if i dont pay it? I offered to pay €3 per week for next 48 weeks, she said she will have to contact client to see if they will accept this, any ideas what will happen


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    #1860
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    They won't accept that. Off to court with ya.


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    #1861
    greenpeter
    Closed Accounts Posts: 600 ✭✭✭greenpeter


    Got a letter today to say i have seven days to pay 145euro or i will be going to court,

    Would a judge not laugh at this?

    I never received an warning just this letter today,
    I sold the vehicle during the summer


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