Warning alert - this is from the Internet so probably a load of bolloxI saw this thread over on boards.ie 'legal discussion' forum earlier on and thought I'd make youse aware of it -->
tolls not accepting cash or cards Basically, the OP* was giving out about the Port Tunnel being "
cash & tag only - no cards" only at the moment. One poster ** suggested there were 2 ways a debt could be created. One was asking for the money (& the payment method) upfront & you could opt-in or out. The second was asking for money afterwards and the user could use any legal payment method available. He said the Port Tunnel gave you the option of doing a U-turn
before you entered the tunnel so they could choose their payment method (cash/tag - no cards). But... in a restuarant, you eat the meal first and pay
after the meal. So the customer can pay with any legal tender.
As an aside, I once tried to report a runner to the Guards but the Guard said the offence only happens at the end (
after) of the taxi ride when the person doesn't pay.
My conclusions based on my limited brain power reckons:
- We can only refuse a fare on very limited grounds (
paying cash is not one of them)
- The passenger can say nothing and,
after the journey is over, insist on paying with legal tender i.e., cash.
What do you armchair lawyers thinks?
* Original question:
The eastlink and port tunnel have stopped taking card payment and banknotes for the tolls.
If you drive along the toll road, have you not raised a debt? which can be discharged by legal tender?
there is a way to turn aroud at the eastlink, but not at the port tunnel toll.
It can't be legal for a state authoity or city council to refuse legal tender, can it?
especially when they have the ability to introduce bylaws to deal with the present situation, and the wherewithall to provide staff the ppe to deal with handling cards and cash
** mdebets full reply:
That's only true for vendors where you pay prior to receiving goods or services, not if you pay after the fact. In the later case, you have a debt, in which case the vendor has to accept legal tender.
A supermarket for example could make you pay in Monopoly money if they wanted to, but a restaurant on the other hand must allow you to pay with legal tender, as you have already consumed your meal and have a debt to pay to the restaurant.
I don't know, what you technically pay for if you drive through the port tunnel. Paying for driving through has most likely accured a debt, in which case they have to accept cash, if you only pay for crossing the barrier (and they give you an opportunity to turn around and drive back through the tunnel again without having to pay) they can attach whatever conditions they want.
There might also be a law that allows the state in cases of emergency to suspend the legal cash rules, but I don't know if that exists.