App parking terms not written in plain language
Irish consumer law requires that any terms and conditions in a parking app must be written in plain, clear language you can actually understand. If the app's terms were confusing or unclear, those terms may not be legally binding on you. This can apply where a charge arose from a technical problem with the app itself.
Legal basis
Consumer Rights Act 2022 ss.124, 132 and Schedule 3.
How to identify this in your case
Use against parking apps (Parking Tag, ParkMagic, Easypark) and app-based parking enforcement. Particularly where charges arose from app technical issues.
Sample appeal wording
To: [Operator] Re: PCN/FCN [NUMBER] The contract terms relied upon are unfair and not binding under the Consumer Rights Act 2022. 1. Section 124 CRA 2022 requires consumer contracts and notices to be in plain and intelligible language. The signage / app T&Cs at [LOCATION] [are not / contain]: [DESCRIBE]. 2. Section 132 + Schedule 3 CRA 2022 render unfair terms non-binding. The following terms cause significant imbalance contrary to good faith: - [Charge of EUR X disproportionate to loss] - [Operator's sole discretion to determine breach] - [Internal appeals only with no independent review] - [Unilateral right to vary terms] 3. Under s.132, an unfair term is not binding. The contract subsists on the remaining terms. The charge is voided. Continued pursuit will be referred to the CCPC. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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