If you've received a parking ticket, one of the most important things to work out is exactly what kind of notice you're holding. Both are commonly shortened to "PCN," which causes a lot of confusion, but a Parking Charge Notice and a Penalty Charge Notice are different things, issued by different types of organisations, under different legal frameworks and with different appeal routes.
Knowing which one you have is the first step to knowing what to do next.
Parking Charge Notice: issued on private land
These are the notices you may receive in supermarket car parks, retail parks, residential developments and privately managed car parks at hospitals, stations or leisure venues. They are issued by private parking operators, not public authorities — but that doesn't make them unenforceable.
Key features:
- It's a civil charge based on contract law, not a statutory penalty: the charge arises when a motorist is considered to have breached the terms and conditions of parking, which must be clearly displayed on signage at the site.
- Where an operator is a member of the BPA or the International Parking Community (IPC), the operator can use the Protection of Freedoms Act 2012 to pursue the vehicle keeper, even where the driver isn't identified.
- The notices should include the parking operator name, whether the operator is a member of the BPA or IPC – and information about appeal rights.
- Motorists must appeal to the private parking operator first. If the operator rejects the appeal, the motorist can then appeal to POPLA or the IAS (depending on whether the operator is a BPA or IPC member).
- Some online advice says private parking charges can be ignored and not to bother with an appeal - but if a charge is unpaid and the operator pursues it, the claim is heard and decided by the county court like any other civil debt claim.
- Ignoring a Parking Charge Notice — rather than appealing it or defending a claim — carries real risk: if the operator obtains a County Court Judgment (CCJ) by default, this is recorded against the motorist and can affect their credit file for six years.
Penalty Charge Notice: issued by a public authority
A Penalty Charge Notice is issued by a local council, Transport for London (TfL) or another public authority using powers set out in legislation, such as the Traffic Management Act 2004.
Key features:
- It is a statutory penalty issued for a contravention of parking or traffic restrictions on public roads or council-controlled land.
- It is based on legislation, not a contract between the authority and the motorist. The authority is enforcing parking or traffic restrictions.
- If it isn’t paid or successfully challenged, the charge can increase and progress through a statutory recovery process. This may ultimately involve an order for recovery and enforcement agents.
- The notice will explain how to challenge it with the issuing authority. In England and Wales, if formal representations are rejected, the motorist can appeal to London Tribunals for notices issued in London or the Traffic Penalty Tribunal for notices issued elsewhere.
- Penalty Charge Notices can’t be appealed to POPLA. POPLA only considers appeals about Parking Charge Notices issued on private land by operators in the BPA Approved Operator Scheme.
What to check on your notice
If you're unsure which type of notice you've received, look for:
- The issuer’s name and logo.
A council or TfL logo will usually indicate a Penalty Charge Notice. A private parking operator’s name will usually indicate a Parking Charge Notice.
- The wording used. A private notice will usually refer to a “parking charge” and the parking terms and conditions. A Penalty Charge Notice will identify the issuing authority and explain the relevant legal basis.
- The appeals information printed on the notice. This will point you to the correct route, such as POPLA following an unsuccessful appeal to a BPA Approved Operator, or the relevant authority and statutory tribunal for a Penalty Charge Notice.
Where POPLA fits in
POPLA (Parking on Private Land Appeals) is the free, independent appeals service for Parking Charge Notices issued on private land by operators in the British Parking Association (BPA) Approved Operator Scheme.
If you've received a Parking Charge Notice from a BPA Approved Operator, you must appeal to the operator first. If the operator rejects your appeal and provides a 10-digit verification code, POPLA can independently review the evidence submitted by both parties and make an impartial decision.
If your notice is a Penalty Charge Notice from a council or TfL, POPLA can’t help. You’ll need to follow the challenge and appeal process set out on the notice.