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Private Car Park vs Council Car Park

By GetRighted Legal Research TeamLast updated July 2026

Summary

Private car parks (supermarkets, hospitals, retail parks) are managed by companies like ParkingEye or APCOA under contract with the landowner. They issue contractual Parking Charge Notices under POFA 2012. Council car parks are managed by the local authority and issue statutory Penalty Charge Notices under the Traffic Management Act 2004. The appeal route, deadlines, and legal consequences differ completely. Private charges go through Stage 1 then POPLA/IAS. Council PCNs go through formal representations then the Traffic Penalty Tribunal. Private charges are capped at £100 (£60 discounted) by the BPA/IPC Code; council PCNs range from £50–£130 depending on the band.

Private car park vs council car park

Private: managed by operator under landowner contract. Contractual charge (not statutory). Capped at £100/£60. POFA 2012 governs keeper liability. Appeal to operator → POPLA/IAS. County Court if unpaid.

Council: managed by local authority. Statutory penalty under TMA 2004. £50–£130 bands. Civil enforcement officers. Appeal via representations → Traffic Penalty Tribunal. TEC enforcement if unpaid.

Private car park enforcement

Private operators enforce parking terms through a contract — by parking, you are deemed to have accepted the terms displayed on signs. If you breach the terms (overstay, no payment), the operator issues a Parking Charge Notice. Under POFA 2012, they can pursue the registered keeper if they meet strict notice requirements. The charge must be proportionate per ParkingEye v Beavis [2015].

Council car park enforcement

Council-run car parks use the same statutory framework as on-street enforcement. Civil enforcement officers patrol and issue PCNs. The penalty is set by regulation, not by the operator. Appeals go through the council's representations process and then to the independent Traffic Penalty Tribunal.

Check the operator name

The ticket itself tells you whether it is private or council. A council PCN names the local authority. A private charge names the operator (ParkingEye, APCOA, UKPC, etc.). Some hospital car parks are managed by private operators even though the hospital is NHS — check carefully.

Sources

  1. POFA 2012, Schedule 4
  2. Traffic Management Act 2004
  3. ParkingEye v Beavis [2015] UKSC 67
  4. BPA/IPC Single Code of Practice 2024

Frequently Asked Questions

Is a hospital car park private or council?
Most NHS hospital car parks are managed by private operators (often ParkingEye or APCOA) under contract with the NHS Trust. Your ticket is a private parking charge, not a council PCN.
Can a private car park clamp my car?
No. Private wheel clamping was banned in England and Wales by POFA 2012, Section 54. Private operators can only issue Parking Charge Notices.
Which has higher penalties?
Council PCNs can be higher (up to £130 in London for serious contraventions). Private charges are capped at £100 (£60 discounted) by the BPA/IPC Single Code of Practice.
Do the same defences work for both?
Some overlap — signage adequacy is relevant to both. But POFA 2012 defences (late NtK, no landowner authority) only apply to private charges. TMO defects only apply to council enforcement.

Related

  • inadequate-signage
  • pofa-non-compliance
  • inadequate-signage-traffic

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