Appealing a parking fine
If you believe there is a good reason for you not to pay a parking fine, you may apply for an internal review.
How to apply
To apply for a review, you can either:
Please note: infringement notices can only be reviewed once, in accordance with the Infringements Act 2006.
What information will I need to provide?
You will be asked for the following information:
- Name and address
- The infringement notice number
- Car registration number
- An explanation as to why you believe the infringement notice should be reviewed.
What happens next?
Most internal reviews will be completed within 14 days. However, if additional information is needed, the process can take 90 days or longer.
During this period, please do not pay the infringement notice. It is also recommended you phone Council on 9205 5255 to ensure your request for an internal review has been received.
A letter will be sent to you advising the outcome of the review process.
How will a decision by made?
An Internal Review is decided on the following grounds:
Did the offence, for which the infringement notice was issued, occur?
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Has the infringement been issued to the correct person?
If not, then the registered owner must nominate the driver responsible and provide the full name and residential address.
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Is the driver claiming "special circumstances" as defined in the Infringements Act?
"Special circumstances" means that the person has a mental or intellectual disability, disorder, disease or illness or a serious addiction to drugs or alcohol which results in the person being unable to understand the offending conduct or unable to control the conduct.
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Exceptional Circumstances
Where the circumstances that led to receiving a parking infringement notice were beyond the control of the driver (exceptional circumstances).
The following are circumstances where Council may consider withdrawing an infringement notice:
- If your vehicle has broken down
- If you are in, or involved in, a medical emergency
- If you are a recent resident and have not yet received or purchased your parking permit
- If you have recently purchased your vehicle and have not changed over details yet.
All of these circumstances must be backed up with third party documentation. For example, a letter from the hospital or your doctor, copies of towing dockets and repair invoices, or copies of lease documents and contracts of sale.
Council may also require a Statutory Declaration if the circumstances are complex and not fully explained by third party documentation.
Reasons that are not valid
The following grounds of appeal are not considered valid reasons for withdrawal of parking infringement notice:
- Poor visibility due to weather
- Not noticing a sign
- Not having 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 metres of an intersection
- Being delayed at an appointment
- 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)
- Residents with a parking permit that have parked in the incorrect Permit Zone
- Non-residents parking in restricted resident's areas
Faulty ticket machines
For Council to withdraw an infringement notice based on there being a faulty ticket machine, there must be record of you reporting the faulty machine. There are instructions on each ticket machine explaining how to do this. You can also check online for how to report a faulty ticket machine.
What happens if your appeal 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 Yarra 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, Council will commence legal proceedings.
Further information
Council's Parking Services Team
9205 5255
info@yarracity.vic.gov.au
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