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Consumer Rights Act 2015 and Unfair Parking Charges

Last updated: 15 April 2026

The Consumer Rights Act 2015 (CRA) protects consumers from unfair contract terms, including those in private parking contracts. If a parking charge term is found to be unfair, it is not binding on the consumer. The CRA applies alongside POFA 2012 and gives motorists an additional basis to challenge disproportionate or unclear charges.

  • --The CRA 2015 replaced the Unfair Terms in Consumer Contracts Regulations 1999
  • --A term is unfair if it causes a significant imbalance to the consumer's detriment
  • --Unfair terms are not binding and the charge may be unenforceable
  • --The CRA applies in addition to POFA defences -- they are separate arguments

Key Takeaways

  1. Parking charges are subject to the fairness test under Part 2 of the CRA 2015
  2. A charge that is disproportionate to any loss suffered by the landowner may be unfair
  3. Unclear or ambiguous terms in signage or correspondence may also be unfair
  4. The court must consider the fairness of the term at the time the contract was made
  5. The CRA defence can succeed even where the Beavis penalty test does not help

Key Definitions

Unfair term
Under the CRA 2015, a term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer.
Consumer
An individual acting for purposes that are wholly or mainly outside their trade, business, craft, or profession. Most motorists parking in private car parks are consumers for the purposes of the CRA.
Grey list
Schedule 2 of the CRA 2015 contains a list of terms that may be regarded as unfair. This includes terms requiring a consumer to pay a disproportionately high sum in compensation.

How the CRA Applies to Parking

When a driver enters a private car park, they may form a contract with the parking operator based on the terms displayed on signage. As a consumer contract, this is subject to the fairness provisions of Part 2 of the CRA 2015. The court can assess whether the parking charge term is fair, considering whether it causes a significant imbalance in the parties' rights to the consumer's detriment.

The Fairness Test

The fairness test under section 62 of the CRA asks whether the term is contrary to the requirement of good faith and causes a significant imbalance. For parking charges, this means asking whether the charge is proportionate to any actual loss suffered by the landowner or operator. A charge of GBP100 for overstaying in a free car park, where the actual loss to the landowner is minimal, may be found unfair.

The Grey List and Parking Charges

Schedule 2 of the CRA 2015 lists types of terms that may be regarded as unfair. Paragraph 5 of the grey list specifically targets terms that require a consumer who fails to fulfil an obligation to pay a disproportionately high sum in compensation. This is directly relevant to parking charges. If the charge significantly exceeds any genuine loss, it may fall within this grey list category.

CRA and the Beavis Decision

The Supreme Court in Beavis also considered unfairness under the equivalent earlier legislation. While the court found the GBP85 charge was not unfair on those facts, it recognised that the unfair terms regime does apply to parking charges. Higher charges, less clear signage, or different factual circumstances could lead to a finding of unfairness. The CRA defence is worth raising alongside other grounds.

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Frequently Asked Questions

Does the Consumer Rights Act apply to parking charges?

Yes. Private parking charges arise from consumer contracts and are subject to the unfair terms provisions of Part 2 of the CRA 2015. If a charge term is unfair, it is not binding on the consumer.

What makes a parking charge unfair under the CRA?

A charge may be unfair if it causes a significant imbalance in the parties' rights to the consumer's detriment. A disproportionately high charge compared to any actual loss is a strong indicator of unfairness.

Can I use the CRA defence alongside a POFA defence?

Yes. The CRA unfair terms argument and the POFA compliance argument are separate and independent. You can raise both in your defence.

What is the grey list?

Schedule 2 of the CRA 2015 lists types of terms that may be regarded as unfair. Paragraph 5 covers terms requiring disproportionately high compensation, which is directly relevant to excessive parking charges.

Did the Beavis case consider the CRA?

The Beavis case considered the equivalent earlier legislation (Unfair Terms in Consumer Contracts Regulations 1999). The court found the GBP85 charge was not unfair on those specific facts, but confirmed that the unfairness regime applies to parking charges generally.

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