Stolen vehicle defence — POFA Sch 4 para 4(2)(b)

PoFA 2012 Sch 4 para 4(2)(b) provides that the right to recover unpaid parking charges from the keeper does not apply if the vehicle was stolen at the beginning of the period of parking. This is rebuttable: the vehicle is presumed not stolen unless the contrary is proved (para 4(3)), so the keeper must prove the theft. A police crime reference number for the theft is the standard evidence. The test is the start of the period of parking: if the vehicle was still stolen when the parking began, the keeper is not liable even if it was recovered afterwards. If the vehicle had already been recovered before the parking took place, this ground does not apply.

Legal basis

PoFA 2012 Sch 4 para 4(2)(b), (3)

How to identify this in your case

Vehicle was reported stolen and police crime reference exists; vehicle was used in parking event without your authorisation.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear [OPERATOR], Re: NTK [REF] — Vehicle [REG] on [DATE] My vehicle was stolen on [DATE OF THEFT] (police crime reference [NUMBER], [POLICE FORCE]). It was [recovered on DATE / not yet recovered]. The vehicle was not in my possession or control at the start of the parking event on [DATE]. Under paragraph 4(2)(b) of Schedule 4 PoFA 2012, you have no right to recover unpaid parking charges from me as keeper where the vehicle was stolen at the beginning of the period of parking. Enclosed: - Police crime report extract; - Insurance claim reference [NUMBER]; - DVLA notification (if any). I require immediate cancellation of the charge and erasure of my data under UK GDPR Art 17. Yours faithfully, [NAME]

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Stolen vehicle defence — POFA Sch 4 para 4(2)(b)

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps