CMA consultation on unfair contract terms

ParkingMad

The Competition and Markets Authority (CMA) are refreshing their guidance on the unfair contract terms provision in Part 2 of the Consumer Rights Act 2015.

There is a consultation running until the 19th of March and they are seeking views on the draft guidance.

Link below:

https://connect.cma.gov.uk/revised-guidance-unfair-contract-terms

Coupon-mad

This is useful and we should comment suggesting a clear 'unfair term' parking charges scenario, such as:

• offering no observation or consideration period to read the contract and leave. 'Zero' consideration periods are impossible;
  
• expecting disabled people to 'register' their Blue Badge on every visit as well as display it. Unfair burden and higher risk of penalising disabled people (Equality Act breach) plus unfair if there are no signs at the Accessible bays to tell the driver;
  
• Airport Drop off zones that no longer have a barrier or kiosk to pay the £8 fee on the spot. No reminders. The operator deliberately relies upon the likelihood of a percentage of drivers not remembering to pay within 24 hours and they receive a punitive £100 'parking charge notice' instead;
  
• Retail parks run by parking firms that advertise '2 hours free' on the entrance sign but in fact the signage inside says (in small print, nine feet high on a pole or a wall in the dark) that they only allow 10 mins after 6pm;
  
• Retail parks run by parking firms which state that there is no parking after 6pm yet separately leased EV bays in the site (or parcel collection lock-ups, or cashpoints on site) are offered 24/7.