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Owner Defence: Vehicle Taken Without Your Permission

When a parking fine is issued, it usually goes to the registered owner. But you have a defence if someone else was using your vehicle without your permission at the time — for example, because it was stolen or taken without your consent, or because a person used it outside any permission you had given them. This defence comes from the law itself, not from a council's goodwill.

Legal basis

Road Traffic Act 1994 s.35(6)(a)(i) (regulation offences) and s.36(9)(a)(i) (pay-parking bye-law offences).

How to identify this in your case

Is this you? Your vehicle was stolen or taken without your consent when the ticket was issued — or someone drove it who had no permission from you at all, or went beyond the permission you gave them. A Garda report or PULSE reference number is strong evidence if the vehicle was stolen.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.

Statutory defence under RTA 1994 s.35(6)/s.36(9): the vehicle was being used by another person without authorisation.

Beat It writes this argument automatically

Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.

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Sources

Related appeal grounds

Next steps

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