PCN vs Penalty Charge Notice: The Key Differences You Need to Know

One of the most common sources of confusion for UK motorists is the difference between a parking charge notice (PCN) and a penalty charge notice. Despite sharing the same abbreviation, they are fundamentally different in terms of legal standing, enforcement powers, and your options for challenging them.

What Is a Parking Charge Notice?

A parking charge notice is issued by a private parking company such as ParkingEye, Euro Car Parks, UKPC, or any other private operator. Despite what the name suggests, it is not a fine. It is an invoice -- a contractual claim that says you owe the parking company money for allegedly breaching their terms and conditions.

Private parking companies have no legal authority to issue fines. They are private businesses operating on private land, and the "charge" they issue is based on a claim that a contract was formed between you and the operator when you parked on their land.

Key points about private parking charge notices:

What Is a Penalty Charge Notice?

A penalty charge notice is issued by a local authority (council) or Transport for London. These are statutory penalties backed by legislation, meaning they carry genuine legal authority. Penalty charge notices are typically issued for contraventions such as parking on double yellow lines, exceeding meter time on public roads, or parking in bus lanes.

Key points about council penalty charge notices:

Why the Difference Matters

The distinction is crucial because your rights and options are completely different depending on which type of notice you have received.

If you have received a private parking charge notice, the burden of proof is on the parking company. They must demonstrate that a contract was formed, that you breached it, and that the charge is reasonable. There are numerous legal arguments available to challenge private charges, including POFA 2012 compliance, signage adequacy, and penalty arguments.

If you have received a council penalty charge notice, the legal framework is different. You should follow the formal appeal process and, if unsuccessful, consider an appeal to the traffic penalty tribunal.

How to Tell Which You Have

Look at the notice carefully:

If your notice is from a private company, our service can help you generate a comprehensive defence document. FightMyPCN specialises in defending private parking charges through the County Court.