NI consumer protection — UTCCR / Consumer Rights Act enforcement

The Consumer Rights Act 2015 applies in Northern Ireland. In a contractual parking context (DfI off-street car parks where a parking ticket is purchased) the unfair-terms test under s.62 applies. A penalty term that is not in plain and intelligible language, or that is not fairly brought to the consumer's attention at the point of contract, is unenforceable. NI courts have applied this and the principles in ParkingEye v Beavis (UKSC) by analogy.

Legal basis

Consumer Rights Act 2015 ss.61–76, Sched 2; ParkingEye v Beavis [2015] UKSC 67 (persuasive in NI); UCTCCR (preserved transitionally for older contracts)

How to identify this in your case

Read the back of the parking ticket and entrance signage. Identify any penalty term hidden in fine print or contradicting prominent terms.

Sample appeal wording

Dear Sir/Madam, Re: PCN [PCN_NUMBER] — [DfI / private] car park The penalty term relied upon is unfair within s.62 of the Consumer Rights Act 2015 because (a) it was not transparent (s.68), being in significantly smaller font on the back of the ticket and not prominent at the point of payment, and (b) it creates a significant imbalance to my detriment contrary to the requirement of good faith. Under s.62(1) CRA the term is not binding. Please cancel. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

legislation.gov.uk/ukpga/2015/15
ParkingEye v Beavis [2015] UKSC 67