Council vs Private Parking Tickets: What's the Difference?

One of the biggest sources of confusion for drivers is understanding whether their parking ticket came from the council or a private company. The answer matters – because the rules, deadlines, appeal routes, and consequences are completely different.

This guide explains the key differences and what they mean for you.

Quick Comparison Table

How to Identify Your Ticket Type

Signs it's a Council PCN:

• Issued by your local council or Transport for London
• References the Traffic Management Act 2004
• Shows a contravention code (like 01, 12, 23, etc.)
• Usually has a coat of arms or council logo
• Often issued by a traffic warden/CEO in uniform
• Found on public roads, council car parks, or bus lanes

Signs it's a Private Parking Charge:

• Issued by a company (ParkingEye, Excel Parking, APCOA, Smart Parking, etc.)
• References contract terms and conditions
• May mention BPA, IPC, or the "Single Code of Practice"
• Often arrives by post after an ANPR camera captured your plate
• Found in supermarket car parks, retail parks, hospitals, private land

Council PCNs: What You Need to Know

The Legal Framework

Council tickets are issued under the Traffic Management Act 2004 and related regulations. They are statutory penalties, meaning the council has legal authority to issue them.

Key Legislation for Council Appeals:

• Traffic Management Act 2004 – The main law governing civil parking enforcement
• Traffic Signs Regulations and General Directions 2016 – Rules about signage and road markings
• Traffic Regulation Orders (TROs) – Local legal documents that create parking restrictions

Appeal Route for Council PCNs

1. Informal challenge to the council (within 14 days to preserve discount)
2. If rejected, formal representation to the council
3. If rejected, appeal to the Traffic Penalty Tribunal (independent adjudicator)

Strong Grounds for Council Appeals:

• Invalid or unclear TRO (the legal document was flawed)
• Signs or road markings that don't comply with regulations
• CEO observation period not met (especially for loading/waiting)
• Procedural errors in how the PCN was issued
• Mitigating circumstances (breakdown, emergency, etc.)

Private Parking Charges: What You Need to Know

The Legal Framework

Private parking charges are civil claims, not fines. They're based on contract law – the idea that by entering the car park, you agreed to the displayed terms. If you breach those terms, the operator claims you owe them money.

Key Legislation for Private Appeals:

• Protection of Freedoms Act 2012 (Schedule 4) – Allows operators to pursue registered keepers
• Private Parking Sector Single Code of Practice (October 2024) – Industry rules including grace periods
• ParkingEye v Beavis [2015] UKSC 67 – Supreme Court case on proportionality

Appeal Route for Private Charges

1. Appeal to the operator (within the deadline on your notice)
2. If rejected, appeal to POPLA (for BPA members) or IAS (for IPC members)
3. If you lose at POPLA/IAS, the operator may pursue through county court

Strong Grounds for Private Appeals:

• Grace period not allowed (10-minute or 5-minute rule under 2024 Code)
• Unclear or missing signage
• ANPR camera errors (double-dipping, missed scans)
• No valid landowner authorization
• Proportionality challenge (charge excessive for minor breach)
• Notice to Keeper served late or missing required information

What Happens If You Don't Pay?

Council PCN:

1. Charge increases by 50% after initial deadline
2. Debt registered with Traffic Enforcement Centre
3. Bailiffs (enforcement agents) can be instructed
4. No court case required for escalation

Private Charge:

1. Reminder letters and debt collector letters
2. Operator may issue a county court claim (many don't)
3. If you lose in court, you pay the charge plus court costs
4. Only after court judgment can enforcement agents get involved

Related Guides

Grace Periods Explained | ANPR Camera Errors | ParkingEye Appeal Guide