City manager rules out bin charges refund

CORK’S city manager has ruled out refunding just over €2 million to thousands of customers despite a landmark legal ruling on bin charges.

Cork city council lost a legal challenge late last year after a businessman took it to court after its bin collection arrangements were changed after he had paid his fee.

Douglas-based John McCarthy paid €260 for a weekly bin collection service and availed of a €30 discount for paying early.

But a week after paying, the council wrote to Mr McCarthy, and to the rest of its estimated 36,000 service charge customers, stating that bins would now be collected every second week.

Mr McCarthy then wrote to the council seeking to be reimbursed half the fee.

The council refused, citing the Environment Act which it said allows councils to change their contract.

But Mr McCarthy took his case to the Small Claims Court and won.

He successfully argued that the council was in breach of Section 40 of the Sale of Goods and Supply of Services Act 1980, which states that a person must be informed before a contractual arrangement is changed in any manner.

The court ruled that the council pay back half of the fee — or €130 — to Mr McCarthy.

Labour Cllr Catherine Clancy called on the council at the time to make arrangements to refund the same amount to all of its customers who availed of the early payment discount.

Councillors were told on Monday that 15,421 customers availed of the discount. Refunding them all the €130 would have cost the city €2,004,730.

But city manager Mr Gavin said the council would not be paying out any refunds.

“To suggest that the council pay refunds is incredible. I am amazed to hear a councillor say we should give away as much as €2 million,” he said.

Mr McCarthy’s situation was a “special case” with “specific circumstances” that did not have “a general application to any other customers”, he said.

He defended the council’s refuse collection arrangements and said it provided a 100% refuse collection to all its customers every single week of the year.

Meanwhile, the council is still planning to introduce a €2 charge for using the recycling section of its civic amenity site at the Kinsale Road dump from February.