Paul Donnelly (Dublin West, Sinn Fein)
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9. To ask the Minister for Transport, Tourism and Sport his views on the payment of tolls in circumstances (details supplied); and the steps that can be taken to prevent same occurring in the future. [2342/23]

Paul Donnelly (Dublin West, Sinn Fein)
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What are the Minister's views on the payment of tolls and, in particular, the excessive penalties? What steps can be taken to prevent such excessive penalties being imposed?

Eamon Ryan (Dublin Bay South, Green Party)
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I contacted Transport Infrastructure Ireland, TII, in respect of the matter raised by the Deputy and its representatives informed me that eFlow appreciates customers may run into difficulties when paying their tolls and strives to assist customers in resolving these matters. To this end, eFlow has a dedicated resolution team within its operation, which engages with customers who are experiencing difficulties paying the tolls and penalties. It actively engages with customers who have fallen into arrears on their payments or become subject to enforcement procedures. This team can assist customers in developing and agreeing an acceptable payment plan to resolve their outstanding debt.

Where cases escalate to eFlow’s legal enforcement service provider, the process becomes more serious and legal proceedings may be issued if the eFlow customer fails to engage. When a customer engages with eFlow and an acceptable payment plan is agreed, eFlow has systems and processes in place to ensure penalties will not escalate on historical or future transactions while the payment plan is being adhered to and provided that payments are being allocated in line with the agreement.

The key to all this is communication and as such it is vital for the customer to engage with eFlow, given that where people do not make contact or engage, any payment will be allocated to the oldest outstanding sum. If the customer continues to use the road without contacting or reaching an agreement with eFlow, the charges will continue to accumulate for outstanding journeys. With regard to non-payment, the registered owner of a vehicle will be notified via correspondence regarding any outstanding journey that escalates to the next stage in the enforcement process. In each letter of correspondence, the customer will be advised to contact eFlow.

Paul Donnelly (Dublin West, Sinn Fein)
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That sounds lovely, but a constituent of mine and the Minister of State got into trouble financially. He pays €2,000 in rent and, despite working 50 to 60 hours a week, is struggling to pay his bills. He contacted eFlow about his toll bill, which amounted to €240, offering to pay €80 every week over a period of three weeks. The company agreed but stated that by the end of that term, the bill would have increased to more than €1,000. That does not tally with the information eFlow gave to the Minister.

A toll of €3.50 increases after 14 days to €46.50. After 56 days, an additional €116.50 is charged, bringing the total to €163. We brought in legislation to prevent moneylenders doing similar; we need to ensure eFlow will not do it either. Does the Minister consider these penalties proportionate?

Eamon Ryan (Dublin Bay South, Green Party)
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What the Deputy described, where somebody who owed €240 to eFlow contacted the company and agreed a graduated payment but nonetheless ended up with a €1,000 charge due to enhanced fines or other interest costs, seems unacceptable, although I do not have all the details. That would not encourage people to do what my prepared reply recommended, whereby customers in such a position should ensure they contact the company. The Deputy might convey further details on the case to me or the Minister of State, given if it is a constituent of his I am sure he will be equally interested, because it does not seem that would encourage public support.

With regard to the issue of fines escalating because of non-payment, I fully understand the Deputy's case that the fines are significant. I imagine the company would argue in defence that it needs some mechanism to ensure people will pay. Personally, whenever I use the M50, I try to ensure I pay the toll promptly, given I am aware there can be a significant escalation. Nevertheless, that is different from what the Deputy cited in the first instance, which sounds like an anomaly, if it was allowed to happen in that way.

Paul Donnelly (Dublin West, Sinn Fein)
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I think we all agree that the fines and penalties are excessive and disproportionate. What people do not know, as the Minister alluded to in his original answer, is that if motorists receive a penalty of, for example, €46, and they pay the toll on a given day, eFlow will take the payment for that day and use it against the €46 penalty. The company will not tell them it has done that. Then, eFlow will fine them an extra €46 for that day, on which they believe they have paid the toll. This system needs to be examined and changed. I agree that if motorists do not pay their toll, there needs to be a penalty but these penalties are extortionate. Legislation was brought in to prevent people being ripped off by excessive rates charged by moneylenders. This is similar and this area of tolls and penalties needs to be revisited.

Eamon Ryan (Dublin Bay South, Green Party)
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I agree. If there is an instance where, as the Deputy said, somebody is paying for a toll but has a backlogged fine and the payment does not go towards the toll but towards the backlog and they then get a further fine because they have not paid that toll, it seems so me that there is perhaps a communications issue in that situation in terms of it not being transparent or clear that people have to clear their backlog, otherwise they can get into further difficulty, which is unsatisfactory. I will ask my Department to examine the specifics of the communications around that. It is not appropriate that someone inadvertently builds even further fines.