Unfair Contract Term — Consumer Rights Act 2022 Part 6 (Ireland)
Under Part 6 of the Consumer Rights Act 2022 (Ireland), a term of a consumer contract, whether or not individually negotiated, is not binding on the consumer if it is unfair (s.129). A term is unfair where, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer (s.130); Schedule 5 lists terms presumed unfair (the "grey list", s.133). A private parking charge imposed on standard signage terms that is disproportionate to the operator's legitimate interest may be an unfair term and therefore unenforceable. A court must consider the fairness of such a term of its own motion where it has sufficient legal and factual material (s.136).
Legal basis
Consumer Rights Act 2022 (No. 37 of 2022), Part 6, ss.129-130, 133 and Schedule 5 (in force 29 November 2022, S.I. No. 596 of 2022), giving effect to Directive 93/13/EEC. Replaces the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27/1995), revoked in whole by CRA 2022 s.8 and Schedule 1 Part 2. Part 6 applies to contracts concluded on or after 29 November 2022; under CRA 2022 s.9(4), S.I. 27/1995 continues to govern qualifying contracts concluded before that date.
How to identify this in your case
Read parking signage. Identify terms limiting consumer remedies, imposing unilateral discretion, disproportionate charges, restrictive appeals.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
To: [Operator] Re: PCN [NUMBER] The purported contract terms in your signage at [LOCATION] are unfair and not binding. Under Part 6 of the Consumer Rights Act 2022, a term of a consumer contract is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer (s.130(1)). Schedule 5 Part 1 lists terms that are presumed to be unfair (s.133(1)). The following terms are unfair: - Charge of EUR [X] disproportionate to any loss - presumed unfair under Schedule 5 Part 1 paragraph 5 (requiring a consumer who fails to fulfil his or her obligations to pay a disproportionately high sum in compensation) - Sole right to determine breach vested in the operator - presumed unfair under Schedule 5 Part 1 paragraph 2 (agreement binding on the consumer where supply depends on the trader's will alone) - Unilateral right to alter the terms - presumed unfair under Schedule 5 Part 1 paragraph 11 (alteration without a valid reason specified in the contract) - Exclusion of my statutory rights - presumed unfair under Schedule 5 Part 1 paragraph 1 (inappropriately excluding or limiting the consumer's legal rights) - Internal-only appeals with no independent review - unfair on the general test in s.130(1) Under s.129(1), an unfair term of a consumer contract is not binding on the consumer. Under s.129(3), where the contract can continue in existence without the unfair term it continues to bind the parties on its remaining terms - which do not justify the charge. (If the contract in question was concluded before 29 November 2022, the corresponding provisions of S.I. 27/1995 apply instead, by virtue of Consumer Rights Act 2022 s.9(4).) The charge is not payable. Yours faithfully, [NAME]
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