Request a review of a parking fine

You can request a review of a parking fine to Council within 28 days.

Request a review of a fine if:

• you think the parking fine is incorrect, or
• there are circumstances Council should consider.

How to request a review of a parking fine

1.  Download an Internal Review form (DOC 95Kb).

2. The form asks you for your:

   • name and address
   • the infringement notice number
   • offence as stated on the infringement notice
   • car registration number
   • an explanation of why you think Council should reviewed the fine.
3. Bring or post the Internal Review form to a Council Citizen Service Centre. Or you can email council with details as listed above. Please attach all supporting documentation as stated on the internal review form.  
4. Your infringement is placed on hold while a decision is being made. Council writes to you and tells you its decision. Under the Infringements Act, Council has 90 days to make a decision based on the information provided. If Council rejects your appeal, you must pay the fine or challenge the infringement in court.

How Council decides your parking fine review 

• Did the offence occur?
• Did the correct person get the fine? Council sends the fine to the registered owner of a vehicle. If the wrong person got the fine, then the registered owner should use a Statutory Declaration Form to nominate the driver responsible. 
• Is the driver claiming 'special circumstances' as defined in the Infringements Act? ‘Special circumstances’ is a person with a mental or intellectual disability, disorder, disease or illness, or a serious addiction to drugs or alcohol. These 'special circumstances' result in the person being unable to understand the offending behaviour or unable to control the behaviour.
• Were the circumstances that led to receiving a parking infringement notice beyond the control of the driver (exceptional circumstances).

When Council may withdraw a parking fine

Council may withdraw a parking fine if:

• your vehicle broke down
• you were involved in a medical emergency
• you are a recent resident and you haven't bought a permit yet
• you are a recent resident, you have bought a permit but you haven't received it yet
• you recently bought your vehicle and you haven't changed the details yet, or
• you have a disabled person parking permit and you haven't received your permit yet.

Make sure you have evidence to prove these things, such as a:

• letter from the hospital or your doctor if there was a medical emergency
• towing docket if your vehicle broke down
• repair invoice if your vehicle broke down, or
• a lease or contracts of sale if you are a new resident.

Council may also need a Statutory Declaration if the circumstances are complex and your evidence does not explain everything that happened. 

When Council won't withdraw a parking fine

Council will not withdraw a parking fine for these reasons:

• poor visibility due to weather
• not noticing a sign
• no change to put in meter/ticket machine
• left vehicle to get coins to put in meter/ticket machine
• money put in wrong meter
• reading only part of a multi-panel sign
• being unable to read the sign from the front seat of the car
• forgetting to read the sign
• not noticing that a sign/restriction had been changed
• running late or being in a hurry
• parking within 10 meters of an intersection
• being delayed at an appointment. For example, medical appointments often run late. Remember this when you park. 
• stopping for a short time in a prohibited area (for example; stopping in a ‘no stopping’ area even if it is just to pick up or drop off passengers or goods)
• being new to the area and unfamiliar with the restrictions (this applies regardless of whether the driver is from Victoria, interstate or overseas)
• being unaware of the Road Rules (all licensed drivers are expected to be aware and comply with the Road Rules at all times)
• using a parking permit in a street other than the street shown on the permit
• not having a residential parking permit clearly visible in the vehicle when parking in a restricted resident area
• not having a valid visitor parking permit clearly visible in the vehicle when parking in a restricted resident area
• not having a valid weekly parking permit clearly visible in the vehicle when parking in a restricted area
• displaying an expired residential, weekly or visitor's parking permit when parking in a restricted resident area
• non-residents parking in restricted resident’s areas.

Faulty meters or ticket machines and signage

For Council to withdraw an infringement notice based on there being a faulty meter/ ticket machine, there must be record of you reporting the faulty machine.

There are instructions on each meter or ticket machine explaining how to do this. This also applies to issues with parking signage.

If you are reporting an issue with a parking sign please describe its exact location and the cross streets.

What happens if your request for review is unsuccessful?

You have the option of either paying the infringement notice by the due date or electing to have the matter heard in the Magistrates’ Court.

You must notify Moreland City Council in writing if you wish to refer the matter to the Magistrates’ Court. If you fail to pay or respond with 28 days of the due date, the Council will commence legal proceedings.

Files

• Internal Review form (DOC 95Kb)

Links

• Further Information on requesting a review of a fine (Victorian Government website)