Court Victory for Anti-Bin Campaign

dublin | bin tax / household tax / water tax | news report

Wednesday May 11, 2005 17:19

by Bin Man

The Dublin City Anti-Bin Tax Campaign has won another significant victory in the Circuit Court which means bin tax arrears for 2001-2002 are now invalid.

This is the second time in recent months that the Dublin City Anti-Bin Tax Campaign has won a significant case in the Circuit Court. The case arose as a result of an appeal by Kimmage man, James Hegarty, against proceedings taken against him by the City Council for non-payment of bin charges. Judge Linane found that Dublin City Council had not provided any incentive to Mr. Hegarty to recycle his waste and therefore reduce the amount of charges paid. It found that this was in breach of the City Council's own waste management plan. The City Council will not be appealing the case, which deems bin charges for 2001 and 2002 to have been illegally implemented.

This is a hugely significant victory for the campaign, which should see the cancellation of half the bin tax arrears and the possibility of a refund for those who did pay for the years in question. It will silence those who claimed that the struggle against the bin tax was over and will strengthen the determination of the thousands of non-payers throughout the city who have held out against the Council’s bullying tactics. It leaves the Councils policy of hounding people through the courts in a shambles and their plans to implement non-collection in disarray. The legal position is now crystal clear: The charges for 2001-2002 were illegally set. The campaign is calling on Dublin City Council to withdraw all recently issued bills containing these unlawful arrears and to also withdraw the threat of non-collection of bins on the basis of these unlawful demands for payment.

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Comments (6 of 6)

Pleased

by Ex Labour supporter

Wed May 11, 2005 22:49

What do you suggest is the best way to pursue a refund for the illegal charges?

Who can be held legally responsible for the illegal charges?

Advice

Wed May 11, 2005 23:08

First of all ring the Council and demand your money back on the basis of the court decision. Their response will be something along these lines (this has been checked today): "This case only relates to the specific individual involved, all others cases are seperate". Respond to this by pointing out that the Council has conceded the point by accepting the judgement without further appeal and that two cases have already been won on this issue making it watertight. They wont concede but the more people that ring the bigger the headache for the Council.

If you are determined, you should consult a solicitor about recouping the illegal charges. There is, in my opinion, a very good chance that the Council would lose the case.

Try the small claims court!

by Joe

Wed May 18, 2005 03:04

Why not try the small claims courts? I don't see why they couldn't adjudicate on a legitimate claim againt DCC and their "refuse charges"

In many instances I have heard of residents having to leave there bins at the end of the roads and collect them again due to bad access to their estate/narrow road etc.

Surely a claim could be brought against DCC for their failure to provide an adequate service. Many old/disabled folk must rely on their neighours due to the imposition of bins.

Anyone interested in trying this?
Think of the disruption!

Joe

Arrears policy crumbling

Wed May 18, 2005 10:57

Now its happened in Drogheda! Drogheda City Council has just conceded a case involving a number of residents who were in arrears. The arrears collection policy is in tatters, nationwide. Now is the time to put the boot in!

For the Drogheda story in the Irish Times:

http://www.ireland.com/newspaper/ireland/2005/0518/2793297976HM4DROGHEDA.html

Ken

by Ken O Heiligh - Drogheda Anti Bin Tax Campaign

Fri May 20, 2005 14:43

kenoheiligh at eircom dot net

We continue to fight the bin tax in Drogheda. We were all heartned by the success of the Court Rulings in Dublin. Keep up the great work.

Thanks Ken

by Dublin Campaign

Fri May 20, 2005 15:37

Saw a report in the papers about the Drogheda victory, is great :)

Good report in Irish Times today too, see here
http://www.indymedia.ie/newswire.php?story_id=69909&type=otherpress

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Court Victory for Anti-Bin Campaign

Comments (6 of 6)