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Infringement Appeals

You have the right to request a review of your infringement. Appeals for the withdrawal of an infringement must be lodged in writing with proof to back up your claim, within 28 days of the fine being issued. You can lodge an online request using the link below. Please note, only one review of each infringement is allowed under the Infringements Act 2006.

Once an appeal is received by Council you do not have to pay your infringement until you are notified of the decision. Council must respond within 90 days of the appeal being received, however, it currently takes about 15 to 20 days.

Grounds for Appeal

No 1. The fine is unlawful
You should set out the reasons why you believe the infringement is unlawful. Eg. details on the Infringement Notice are incorrect.

No 2. Mistaken Identity
You should set out the reason why you believe there was a mistake of identity. You also need to identify the name and address of the person who you say you were mistaken for, and the relationship of that person to you.

No 3. Special Circumstances
Special circumstances apply to an individual with a mental or intellectual disability, a disorder, disease or illness, a serious addiction to drugs, alcohol, or a volatile substance, or persons who are homeless. A letter or report from the psychiatrist, social worker, or drug counsellor must be supplied.

No 4. Exceptional Circumstances
Exceptional circumstances should clearly show why you should be excused where other citizens pay their fines. This could include a vehicle breaking down or medical emergency. Documentary proof must be supplied.

Do we consider your circumstances?

Although each appeal received is considered on its own merits, below are common scenarios that would not be considered a valid reason to have an infringement withdrawn:

• Not reading or misreading parking signs;
• Not familiar with an area or not knowing the Road Safety Road Rules 2009;
• Not having change or leaving a vehicle to get change to put in a ticket machine / meter;
• Overstaying the time limit in an area while still having credit on a ticket / meter;
• Bought and displayed a ticket for the incorrect area (Eg.- a Victoria University ticket displayed in a Council Ticket area);
• Delayed at an appointment, meeting, lecture or exam (including medical);
• Stopping illegally to pick up / drop off passengers or goods (including vehicles in a Loading Zone that are not permitted);
• Stopping illegally to make / take a phone call or check Melway / GPS;
• Running out of petrol;
• Sitting in the car with the engine running;
• Driver or passenger needed to use the toilet;
• Forgetting to renew your pet’s registration;
• Your dog escaped from your property (unless it was stolen or your property was vandalised / destroyed by weather - a police report or insurance claim will be needed).

For further information and scenarios regarding Parking Infringements please refer here. For full details on parking regulations please refer to the Road Safety Road Rules 2009.

If you believe you have reasonable grounds to appeal an infringement please complete the online Request for Internal Review of an Infringement form.

Alternative options available to you:

•    Pay the infringement;
•    The vehicle owner can elect to have the matter heard at the Magistrates’ Court;
•    Formally nominate the driver of the vehicle at the time of offence.

If no action is taken before the due date of your infringement, it will continue through the infringement process and additional costs will be incurred. Act now to avoid further costs and enforcement action.

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