Toll/penalty exceeds the indexation cap or the year's tolls were never published
The toll and every default-toll tier are capped by a fixed indexation formula and can only rise in step with the August Consumer Price Index; in a flat or falling-CPI year they may not rise at all (Reg 15.3). Separately, a revised figure only takes effect if it was published in a national newspaper before 1 January and made publicly available first (Reg 15.5-15.7). A demand for an amount above the indexation-capped maximum, or for an uplift the operator cannot show was validly published for that Toll Year, is charged beyond the bye-law's own authority.
Legal basis
M50 Barrier-Free Tolling Toll Bye-Laws (NRA, 8 July 2008, under Roads Act 1993 as amended; S.I. No. 178/2023) — Regulation 15: 15.1 fixes each year's Maximum Toll and Default Tolls as the Base figure (First Schedule: Base Initial Default Toll = toll + €3.00; Additional = +€40.00; Final = +€100.00) multiplied by the August CPI over the Opening Index (103.6, Aug 2007); 15.3 caps them so that in a static or falling-CPI year the toll 'shall not exceed' the prior year's amount; 15.5-15.7 require each year's Applicable Tolls and Default Tolls to be published in a national daily newspaper before 1 January and made publicly available before any revision takes effect. Enabling power Roads Act 1993 s.61.
How to identify this in your case
Your default-toll figure is higher than the eFlow/TII published schedule for the year you travelled, or it rose in a year CPI did not rise; or the operator, when challenged, cannot point to the newspaper publication / public notice of that year's toll and default-toll figures.
Sample appeal wording
formal
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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