13 motorists accused of dodging M50 tolls hit with fines totalling €165,000

In all the prosecutions which resulted in fines, none of the motorists who had been summonsed came to court. One was accused of not paying tolls for more than 500 trips and was allegedly sent almost 2,000 letters demanding payment.

Cases against them went ahead in their absence. Eleven other people had their cases adjourned and two had their cases struck out after motorists engaged with the lawyers for Transport Infrastructure Ireland (TII) which runs the barrier-free motorway.

Judge Halpin said the court needed to send out the right message about the M50 toll evasion cases and some of the defendants saying, “they do not even turn up to court”.

He noted from counsel that publicity about these prosecutions has led to improved toll paying.

Every case dealt with today featured five sample counts and photo evidence of how many times the defendants’ vehicles had been detected using the motorway without paying the charge.

Judge Halpin imposed smaller fines on some motorists who made efforts to pay their tolls.

The court heard the prosecution's evidence showed the passage of the vehicles, mostly private cars, on the barrier-free motorway on dates in September, November and December 2018, as well as proof of vehicle ownership at the time. One unpaid trip on Christmas Day ended up costing a motorist €3,000 alone.

Prosecuting counsel Thomas Rice BL (instructed by Pierse Fitzgibbon Solicitors) said a TII official had certificates of ownership as well as images of the vehicles passing the toll gantry on the M50.

Vehicle owners were given six months to pay the fines as well up to €350 in prosecution costs.

Neill Byrne, with an address at St Fintan’s Park, Deansgrange, Blackrock, Dublin was fined €15,000. The court heard TII sent 411 letters about unpaid tolls. Judge Halpin was told the motorist’s car had a history of 137 passages with no payments.

Alexandru Sava of Sundalke Villas, Jobstown, Tallaght, Dublin, received fines totalling €5,000. Judge Halpin was told the motorist’s vehicle had a history of 177 passages but there were payments for 12 of them. TII sent 531 letters about the unpaid charges.

Karl Ashmore, of Ardmore Close, Fortunestown, Tallaght, was fined €15,000 on his five sample counts for unpaid tolls in December. The court heard the TII sent 1,161 letters about unpaid tolls. Judge Halpin was told his car had a history of 387 M50 trips but payment was received for four of them.

Ciaran Casey with an address at Adare Park, Coolock, Dublin was fined €15,000. Judge Halpin was told the man’s car had a history of 202 passages with no payments and TII issued 606 letters but received no contact.

Commercial van owner Patrick Joyce, with an address at Briarfield Road, Kilbarrack, Dublin was fined €15,000 for five unpaid tolls in November and December. The court heard TII has sent him 471 letters about unpaid tolls but it received no contact. Judge Halpin was told his van had a history of 157 passages with no payments.

The court heard Michael Kavanagh, of Kilbrook Upper, Tullamore, Co Offaly, was also the owner of a commercial vehicle which was supposed to pay an increased toll of €5.30 per trip on the motorway. The court heard TII sent 636 unanswered letters about 212 unpaid motorway charges. This vehicle owner was fined a total of €15,000 on five sample counts.

Christopher McGarr, of Clonwood Heights, Clane, Co. Kildare was fined €5,000 for five unpaid trips in December. A TII witness said the private vehicle owner made 98 passages on the M50 and four payments were received, the last in October 2018. Some 294 letters were issued, the court heard.

Elena Sibu with an address at Aulden Grange, Santry, Dublin, was fined a total of €15,000 on five sample counts for not paying tolls after using the M50 on five dates over Christmas. Judge Halpin noted from a TII witness that altogether the defendant’s car had a history of 181 unpaid trips. Some 543 letters were sent but the motorway operators received no contact.

Peter Hussey, of Forster Park, Ballyowen, Lucan, Dublin, was prosecuted over five journeys in September. Judge Halpin heard evidence that this defendant’s car had a history of 191 passages on the M50 and no payments. Some 573 letters were sent. He was fined €15,000.

Alan Murphy of Woodford Crescent, Clondalkin, Dublin, was fined €5,000 on his five sample counts of unpaid tolls in December. Overall, his car had a history of 610 journeys over almost three years, 93 payments were received and he was sent 1830 letters about unpaid tolls, Judge Halpin was told.

Alexandru Makula, with an address at The Close, Hazelhatch Park, Celbridge, Co. Kildare, was fined €15,000. The court heart that motorist’s car had not paid for 147 journeys and 441 letters were sent but TII received no contact.

Cristimes Bacelam, Coolmine Court, Coolmine, Dublin, was also fined €15,000. The court heard that there were no payments for 278 passages and 834 letters were sent.

Emmanuel Solo, with an address at Riverside, Watery Lane, Clondalkin, Dublin also received €15,000 in fines. The court heard there were no payments for 168 M50 journeys and some 504 letters were issued.

Fines of up to €5,000 per charge as well as a sentence of up to six months can be imposed.

The standard M50 toll for an unregistered private car is €3.10 must be paid before 8pm the following day or else there is a €3 penalty for having missed the deadline.

Motorists have 14 days from the date of issue to pay for the journey and the initial penalty, otherwise a further penalty of €41 is applied. After a further 56 days there is an additional penalty charge of €103 and if it remains unpaid legal proceedings follow with the possibility of a court fine of up to €5,000 as well as a jail term of six months, or both, per offence.

The registered owner of a vehicle is responsible even if they were not driving the vehicle.