Request a review of a parking fine

Requirements to request a review

The Infringements Act 2006 allows the registered vehicle owner (or authorised representative) to make only one application for internal review of an infringement.

To assist you in requesting a review of your parking, local laws or animal management fine, it is important to read the following information and to make sure you lodge the review within 28 days of receiving the fine.

Circumstances we will consider

In line with the Infringements Act 2006, one review of an infringement notice may be requested if you believe that:

1. The infringement notice was issued contrary to law (you believe you did not commit an offence).

2. Exceptional circumstances could excuse the conduct for which the infringement notice was issued (verifiable and unforeseen circumstances outside of your control). For example:

  • a medical emergency, such as an injury or illness posing an immediate risk to a person's life or long-term health, or
  • a vehicle breakdown.

Verifiable independent documentation is required for Council to consider the withdrawal of an infringement notice on the grounds of exceptional circumstances.

If you experienced a medical emergency, you must provide a letter from the hospital or treating medical practitioner confirming the emergency on the day.

If you experienced a mechanical breakdown, you need to provide an invoice or receipt for mechanical or roadside assistance or towing.

3. Mistaken Identity - the infringement notice was issued to the incorrect person or vehicle. For example you were not the driver of the vehicle at the time the infringement was issued, or you were not in the location at the time the infringement was issued.

If you were not driving the vehicle at the time the infringement was issued you may nominate the driver using the Nomination Statement (PDF 127Kb). This statement must be completed by the owner of the vehicle.

4. You have special circumstances. In relation to infringements, special circumstances are considered to be circumstances which result in a person being unable to either understand or control the conduct that led to the offence, for example:

  • a mental or intellectual disability, disorder, disease or illness
  • a serious addiction to drugs, or alcohol or a volatile substance, or
  • homelessness
  • family violence (which results in the person being unable to control their own conduct and leads to the offence)

More information about special and exceptional circumstances is available on the Victorian Government Fines Victoria website.

5. Person unaware. This category only applies if you were not aware that the original infringement notice was issued.

You must make an appeal within 14 days of becoming aware of the infringement notice. You must provide evidence to support your claim that you were unaware. You are not entitled to apply for appeal under this ground if you have moved address and not notified VicRoads within 14 days of the change of address. Please note that Council will not withdraw your infringement under this ground and will only consider waiving additional costs, as may be warranted.

Circumstances we will not consider

For Council to withdraw an infringement notice based on there being a faulty parking ticket machine or sign, there must be a record of the fault being reported to Council.

The following grounds are not considered valid reasons for the withdrawal of a parking, local laws or animal management infringement:

  • Re-feeding a ticket machine
  • Not having change to put in the ticket machine
  • Left vehicle to get coins to put in the ticket machine
  • Put money in the wrong ticket machine
  • Being new to, or unfamiliar with, the City of Moreland
  • Poor visibility due to weather
  • Appointments or meetings running overtime
  • A parking ticket displayed incorrectly (for example, face-down or blown off the dashboard)
  • Not noticing or misreading a parking sign
  • Being unable to read a parking sign
  • Reading only part of a multi-panel sign
  • Not noticing that a sign or restriction has been changed
  • Being unaware of which vehicles can use Loading Zones or Permit Zones
  • Incorrectly displaying a parking permit
  • Residents with a parking permit that have parked in the incorrect permit zone
  • Parking in a permit zone without a permit
  • Displaying a parking permit in a street other than the street shown on the permit
  • Running out of petrol, or experiencing vehicle issues that did not require repair or towing
  • Parking within 10 metres of an intersection
  • 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 an area or unfamiliar with the restrictions, or
  • Being unaware of the Road Rules (all licensed drivers are expected to be aware and comply with the Road Rules at all times).

How to apply for a review of an infringement

Information you need to provide

You need to provide all relevant information and supporting documentation to Council when requesting a review. Failure to provide relevant information and supporting documentation may result in the review not being accepted.

If insufficient information is provided, we may contact you for additional details before reviewing your infringement notice. If this information is not received by the specified date, a decision will be made based on the information at hand.

If you experienced a medical emergency, you must provide a letter from the hospital or treating medical practitioner confirming the emergency on the day.

If you experienced a mechanical breakdown, you will need to provide an invoice or receipt for mechanical or roadside assistance or towing.

Apply online

Request to review a parking fine online. Select 'Review a parking fine' from the list.

Request to review a local law or animal management fine online. Select 'Review a local law or animal fine from the list.

Supporting documentation may be attached.

Apply in person or by mail

You can request a review of your infringement notice by completing the Application for Internal Review form (DOC 64Kb).

You MUST include the following information:

  • your name and postal address
  • the infringement notice number
  • the vehicle registration number (where applicable)
  • an explanation of why you believe the infringement notice should be reviewed (ensure you have read the circumstances we will consider and circumstances we will not consider), and
  • any supporting documentation.

Send your request by post to Moreland City Council, Locked Bag 10, Moreland 3058, or deliver in person to a Council Customer Service Centre.

The Mayor and Councillors are unable to have any involvement in Council's administrative functions and are therefore unable to influence or respond to infringement notices or appeals.

What happens after you apply 

In accordance with the Infringements Act 2006, Council has up to 90 days to respond to an appeal. 

When the appeal is received, the infringement is placed on hold. You are not required to do anything during the review period.

When undertaking a review Council takes into account all of the available information, including:

  • information collected by the issuing officer
  • circumstances outlined in your request for internal review
  • supporting documentation provided with your request
  • requirements under the relevant legislation (for example, Road Safety Road Rules 2009Infringements Act 2006 or Environmental Protection Act 1970)

Council will advise you of the outcome of your request.

Should the infringement be upheld, you will be advised of a new payment date.

If you do not pay an infringement notice or take any other action (for example, request a payment extension or elect to go to court) by the new due date, the infringement continues through the infringement process and you incur additional costs.

You may elect to have the matter dealt with in the Magistrates Court. You need to notify Council in writing Moreland City Council, Locked Bag 10 Moreland 3058.