Skip to main content
GetRighted

Penalty Charge

By GetRighted Legal Research TeamLast updated July 2026

Summary

Every Penalty Charge Notice issued by a council carries a 'penalty charge' — the statutory amount the driver or keeper must pay. Unlike private parking charges, which operators can set freely (subject to the proportionality test from ParkingEye v Beavis), the penalty charge for civil contraventions is prescribed by the Secretary of State in regulations. Outside London, the current amounts are £70 (higher level) and £50 (lower level), reducible by 50% for early payment. London rates are £130/£80, also halved. Councils have no discretion to charge more — or less — than the prescribed amount.

How penalty charge amounts are set

The Civil Enforcement of Parking Contraventions (England) (Penalty Charge) Order 2022 (SI 2022/72) sets the current penalty charge amounts for England (outside London). Contraventions are classified as higher level (£70) or lower level (£50). Higher level contraventions include stopping on a clearway, parking in a bus stop, and parking on double yellow lines. Lower level contraventions include overstaying a pay-and-display bay and parking in a permit bay without a permit. London's amounts are set separately under the Road Traffic Act 1991 and TMA 2004.

The 50% discount rule

If the penalty charge is paid within 14 days of the PCN (London) or 21 days (rest of England), the amount is halved. Once the discount period passes, the full amount becomes due. Making informal representations within the discount period preserves the discounted rate until the representations are rejected — at which point the keeper typically has 14 days to pay at the reduced rate or make formal representations. Councils cannot extend or reduce the statutory amounts.

Penalty charge vs parking charge — the key distinction

A 'penalty charge' is the statutory amount in a council civil enforcement PCN. A 'parking charge' is a contractual amount in a private operator's invoice. The penalty charge is fixed by statute and is non-negotiable. The parking charge is set by contract and can be challenged on proportionality grounds. Never confuse the two — the appeal routes, grounds, and legal consequences are entirely different.

Verifying the penalty charge on your PCN

  • ✓Check whether the contravention is classified as higher or lower level for your area.
  • ✓Confirm the amount on the PCN matches the current statutory prescribed amount.
  • ✓Note the early payment deadline — discount period is 14 days (London) or 21 days (outside).
  • ✓If making informal representations, confirm the discounted rate is preserved during the representations period.
  • ✓Any overcharge beyond the statutory amount is a ground for cancellation.

Escalation beyond the penalty charge

If the penalty charge is not paid within the specified period and formal representations are not made, the council issues a Charge Certificate increasing the outstanding amount by 50%. If still unpaid after 14 days, the council registers the debt at the Traffic Enforcement Centre — at which point an Order for Recovery is made and the debt can be enforced by certificated bailiffs. The escalation from penalty charge to bailiff recovery can roughly triple the original amount.

Sources

  1. Civil Enforcement of Parking Contraventions (England) (Penalty Charge) Order 2022 (SI 2022/72)
  2. Traffic Management Act 2004, Part 6
  3. Road Traffic Act 1991, s.66

Frequently Asked Questions

Can a council charge me more than the prescribed penalty?
No. The penalty charge amount is set by statutory instrument and councils have no discretion to increase it. Any PCN showing an amount higher than the current prescribed rate for that contravention level is unlawful on its face.
Is the penalty charge the same as the private parking charge?
No. Penalty charge is the statutory civil enforcement amount set by regulation. A private parking charge is a contractual invoice set by the operator, governed by the IPC/BPA codes and the reasonableness test from ParkingEye v Beavis. They are legally and procedurally entirely distinct.
Does paying the penalty charge admit guilt?
Technically no — paying a civil penalty charge does not constitute an admission of any criminal offence. However, once paid, the matter is finalised and the right to challenge is extinguished. If you have a strong defence, challenge before paying.

Related

Got a ticket? Find out if you can win.

GetRighted checks your situation against all known defenses — free in under 2 minutes.

Check My Ticket