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 start of the period of parking. This is rebuttable: the vehicle is presumed not stolen unless the contrary is proved (para 4(3)). A police crime reference number for the theft, plus DVLA records of the report, are sufficient evidence. Even if the vehicle was recovered before the parking event, if it was stolen at the start of parking the keeper is not liable.

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

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]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

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