Penalty Charge Notice or Parking Charge Notice: The Difference
Did you receive a Penalty Charge Notice (PCN) or a Parking Charge Notice and you’re not sure how to handle it? Don’t worry, we’re here to help. Each month, over 130,000 people visit our website for guidance on fines and parking tickets, so you’re not alone in this.
In fact, Churchill Motor Insurance reports that in 2022, UK councils issued an average of 19,631 daily parking fines, a 12% increase from the previous year.1
We know that getting a PCN or a parking notice can be a real pain. It can make you feel frustrated and confused. So, we’ve made this guide to clear things up. In it, we’ll explain:
- What a Penalty Charge Notice is and when you might get one.
- What a Parking Charge Notice is and why it’s different from a PCN.
- If you need to pay these charges right away.
- How to appeal if you think the charge isn’t fair.
- What might happen if you decide not to pay.
We understand what you’re going through. We’ve been in your shoes, and we’re here to help. So, let’s dive in and learn more about these notices.
Paid legal information from JustAnswer
Paid general legal information from JustAnswer.
You can use the official challenge process without buying a paid service.
Advertisement. MoneyNerd may receive a referral fee.
Memberships renew automatically until cancelled. Check the initial price, renewal price, billing interval and cancellation terms.
The standard service does not create a solicitor-client relationship. No successful outcome is guaranteed. JustAnswer’s membership and cancellation information.
What is a PCN for?
Penalty Charge Notices can be served to motorists for a range of reasons. The most common reasons for receiving a Penalty Charge Notice are parking contraventions on public land or minor driving offences.
The type of driving offences that could result in a Penalty Charge Notice include:
- Driving in a bus lane at times when it’s not permitted
- Turning right or left from a junction when it’s not allowed
As mentioned, you can also be issued a Penalty Charge Notice from a transport group. Common reasons why you would receive these fines from a transport group include:
- Not paying the London Congestion Charge
- Not paying the Dartford Crossing Charge by the deadline
Paid legal information: Continue to JustAnswer
Advertisement. Paid general legal information from JustAnswer. Memberships renew automatically until cancelled. Check the initial price, renewal price, billing interval and cancellation terms. The standard service does not create a solicitor-client relationship. No successful outcome is guaranteed. MoneyNerd may receive a referral fee.
What is a Parking Fine for?
A Parking Charge Notice is exclusively issued for alleged parking contraventions on privately-owned land.
Car park management companies often manage car parks for private landowners and businesses, such as gyms and supermarkets. They oversee all aspects of the legal operation of the car park using staff, technologies and cameras.
If the parking company identifies a motorist who hasn’t paid for parking or has overstayed their paid-for parking, they can send a Parking Charge Notice to the registered vehicle keeper’s address.
However, as we will discuss below, these parking fines aren’t real fines.
What is the difference?
The main difference between a Penalty Charge Notice and a Parking Charge Notice is that the former is a real fine from a local authority while the latter is a type of invoice from a private company.
Here is a breakdown of the key differences between a Penalty Charge Notice and a Parking Charge Notice:
| Penalty Charge Notice | Private Parking Charge Notice |
|---|---|
| Issued under a statutory scheme by a council or another authorised body | Usually a contractual claim by a parking operator or landowner |
| Challenge and tribunal routes depend on the relevant legislation | Operator appeal, with POPLA or IAS available for eligible trade-association cases |
| Unpaid penalties can follow statutory debt registration and enforcement | A valid debt may be owed before court, but court enforcement requires a judgment and the appropriate process |
There are also some similarities. For example, both can be appealed, and appeals can be escalated when the initial appeal is rejected. In order to appeal, certain processes must be followed. Here’s a quick table summarizing the different stages of appealing your PCN.
| When | Action |
|---|---|
| On receiving a council PCN | Read the notice, keep it, gather evidence and note all payment and challenge deadlines. |
| Windscreen or handed-to-driver PCN | An informal challenge may be available before the Notice to Owner. Early challenge can preserve a discount under the authority’s policy; 14 days is not a universal final appeal deadline. |
| Postal PCN or Notice to Owner | Normally make formal representations within 28 days as stated on the notice. Do not assume there is an extra informal stage. |
| Representations rejected | The Notice of Rejection explains how to appeal to the appropriate independent tribunal, normally within 28 days. |
| Appeal unsuccessful | Pay by the deadline given in the decision or obtain advice on any available review. Further statutory charges can follow if you do neither. |
| Other ticket type | Private parking charges and FPNs use different procedures; follow the actual notice. |
Further guidance: Traffic Penalty Tribunal; Citizens Advice.
Discount rules differ. Council PCNs commonly offer 50% for 14 days, with some postal parking notices allowing 21 days. BPA/IPC private-parking code rules generally require at least 40% for the applicable 14-day period. Check the notice and rules for its scheme.
The similar names and shared abbreviation can cause confusion. Check the issuer and legal or contractual basis rather than relying on the letters PCN.
A valid private parking charge can be legally owed before court proceedings. Its contractual basis does not make it an illegitimate demand.
Check the right challenge process
Paid general legal information from JustAnswer.
A Penalty Charge Notice and a Fixed Penalty Notice use different procedures. Identify your notice, check the issuing authority’s guidance and meet every deadline. A council PCN may allow formal representations and an independent tribunal appeal; disputing an FPN may mean asking for a court hearing, with possible higher penalties and costs if convicted.
Procedures vary by notice and jurisdiction.
Advertisement. MoneyNerd may receive a referral fee.
Memberships renew automatically until cancelled. Check the initial price, renewal price, billing interval and cancellation terms.
The standard service does not create a solicitor-client relationship.
What happens if you don’t pay a PCN?
If you don’t pay or appeal your Penalty Charge Notice within 28 days, the council will send a charge certificate that increases your fine by 50%.
You must pay this increased fine within 14 days, or the council will ask for a court order to make you pay.
If you continue to avoid paying, the council could enforce the debt using various methods.
One common method is for the council to enforce the payment through bailiffs. These bailiffs will come to your home to recover payment or seize goods to then be sold. They also charge expensive fees that are added to your debt.
What happens if you don’t pay a Parking fine?
A private parking operator may pursue a disputed or unpaid contractual charge itself, use a debt collector or bring a civil claim. The process differs from statutory PCN enforcement but can still have serious consequences.
These debt collectors don’t have any additional legal powers, and they’re not bailiffs.
They could then enforce the debt in five stages.
- Send payment requests via letter, texts and calls
- Claim additional sums only where a valid legal or contractual basis permits them; additions are not automatically enforceable.
- Threaten legal action
- Take you to court and win a court order
- Enforce the debt by employing bailiffs
Do not assume an operator will abandon a valid charge. Respond to a letter before claim or court papers by the deadline, even if you have already disputed the original notice.
Paid legal information from JustAnswer
Paid general legal information from JustAnswer.
Advertisement. MoneyNerd may receive a referral fee.
Memberships renew automatically until cancelled. Check the initial price, renewal price, billing interval and cancellation terms.
The standard service does not create a solicitor-client relationship. No successful outcome is guaranteed. JustAnswer’s membership and cancellation information.
Is a Fixed Penalty Notice the same as a PCN?
Some motoring offences, such as eligible speeding or careless-driving cases, can be dealt with by a Fixed Penalty Notice. Dangerous driving is a serious criminal offence dealt with by a court, not an ordinary FPN.
Receiving an FPN could lead to more significant fines, including penalty points on your license, court action and even a driving ban.
Quick Recap
Penalty Charge Notices are real fines from local authorities and transport groups, whereas a Parking Charge Notice is considered an invoice from a private company.
If you receive a Parking Charge Notice that you believe is unfair, don’t automatically pay it. I suggest you (always) file an appeal with the parking operator as soon as possible. It may be worth reporting it to the landowner (e.g. a retailer or medical facility) to intervene as well.
Now, if you receive a Penalty Charge Notice from a council or Transport for London, you may pay the fine or lodge an appeal. But don’t just ignore it either, as the charge will go up.
Before using a paid legal information service
Paid general legal information from JustAnswer.
A paid service is optional. Gather your notice and evidence, check the deadline and decide whether you need professional advice about your circumstances.
Advertisement. MoneyNerd may receive a referral fee.
Memberships renew automatically until cancelled. Check the initial price, renewal price, billing interval and cancellation terms.
The standard service does not create a solicitor-client relationship. No successful outcome is guaranteed. JustAnswer’s membership and cancellation information.
References
