Consumer Protection Act 2007 - Misleading Commercial Practice
Sections 43-46 Consumer Protection Act 2007 prohibit misleading commercial practices. Private parking notices that mimic FCNs breach the Act. CCPC enforcement penalty: up to EUR 60,000 fine and 18 months imprisonment for officers.
Legal basis
Consumer Protection Act 2007 ss.43-46, 47, 67-71; CCPC enforcement.
How to identify this in your case
PCN designed to look like Garda/Local Authority document; 'Final Demand'/'Court Action' threats; inflated 'debt' figures including spurious admin fees; implication non-payment affects credit/licence.
Sample appeal wording
To: [Operator] Re: PCN [NUMBER] and your demand letter dated [DATE] Your communications constitute misleading commercial practices contrary to the Consumer Protection Act 2007. The following are misleading and prohibited under ss.43-46: - Use of 'Penalty'/'Fine' implying state authority - Mimicking the format of an official FCN - Threat of 'court action' without specifying any action would be a small civil claim with uncertain outcome - Threat of credit reference listing absent court judgment - Inclusion of 'admin fees'/'debt collection charges' with no contractual basis - Assertion FCN is 'enforceable as a debt' absent court order These practices are likely to deceive a reasonable consumer about legal rights and consequences of non-payment, contrary to s.43(2)(g) and s.46(2)(b) CPA 2007. Unless I receive written withdrawal of all demands within 14 days, I will: 1. Lodge a complaint with the CCPC (www.ccpc.ie). 2. Refer to the Data Protection Commission for misuse of data. 3. Pursue you in the District Court for breach of statutory duty and damages. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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