The High Court has lifted the automatic suspension preventing Dublin City Council from signing a €51.2 million contract with APCOA Parking Ireland Limited for on-street parking enforcement services in Dublin.
Q-Park Ireland Limited and Dublin Street Parking Services Limited challenged the council's procurement process after APCOA won the five-year contract. Issuing the proceedings automatically prevented the council from signing with APCOA pending further order.
Q-Park is linked to the incumbent provider of the existing parking enforcement service. That contract began in August 2019 and had been due to expire on 31 July 2026. Because of the procurement challenge, Dublin City Council extended it to 31 October 2026.
The High Court was not deciding whether Q-Park's underlying challenge to the tender process would ultimately succeed. Dublin City Council accepted for this preliminary application that there was a serious issue to be tried. The question was whether the balance of justice justified continuing the suspension until the substantive case was decided.
A central issue was APCOA's proposed vehicle pound on Botanic Road. APCOA had an option to lease the site, but that option was due to expire on 30 September 2026. The court accepted evidence that maintaining access during potentially lengthy litigation could cost between €200,000 and €250,000 annually, while losing the site could leave APCOA unable to perform the contract on the basis of its winning tender.
Mr Justice Twomey also considered Q-Park's position as incumbent. Continuing the suspension could result in its existing contract being extended while APCOA incurred additional costs. Q-Park had not offered APCOA an undertaking to compensate those costs if its procurement challenge ultimately failed.
The judge held that this was a significant factor, alongside the risk that the tender process might otherwise have to be rerun and the fact that damages appeared capable of compensating Q-Park.
The suspension was lifted. Final orders and costs were left for later determination.