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consumer lawUK · Northern IrelandDifficulty: medium

Unfair or hidden penalty terms in NI car parks

In Northern Ireland, the Consumer Rights Act 2015 means that any penalty charge written into a parking contract must be in plain, easy-to-understand language and must be clearly brought to your attention at the moment you enter the contract — for example, when you buy a pay-and-display ticket at a DfI off-street car park. If a penalty term was buried in small print or contradicted by more prominent wording, it may not be legally enforceable against you.

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

Related appeal grounds

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