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Consumer Rights Act 2022 - New Enhanced Protections

The Consumer Rights Act 2022 (commenced 28 November 2022) consolidates and expands consumer protection in Ireland. Section 132 (and Schedule 3) prohibits unfair contract terms and renders them not binding. Section 23 onwards governs digital content / services (parking apps). Operators relying on app-based or click-wrap parking contracts must meet the new transparency requirements. Where an app's T&Cs were not communicated in 'plain and intelligible language' (s.124), terms within them are not binding.

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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