If you believe there is a good reason for you not to pay an infringement notice (parking fine), you may apply for an internal review within 28 days of receiving the fine by completing an Application for Infringement Notice Review.
The internal review process can take up to 21 days or longer if additional information is required. You will receive a written response advising you of the outcome. In the interim, your infringement will be placed on hold.
Grounds for requesting an internal review
- Did the offence occur? Was the infringement notice issued correctly?
- If the wrong person got the fine, then the registered owner should use a Nomination Statement to identify the driver responsible.
- Is the driver claiming ‘special circumstances’ as defined in the Infringements Act? ‘Special circumstances’ applies when a person has 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 their behaviour. Usually supporting evidence is required.
- Were the circumstances that led to receiving the infringement notice beyond the control of the person?
Council may withdraw a parking infringement notice if:
- Your vehicle broke down
- You were involved in a medical emergency
- You hold a residential or trading parking permit but it was not displayed correctly
- You hold a disabled person parking permit but it was not displayed correctly
You need to provide Council with evidence, such as a:
- Letter from the hospital or your doctor if there was a medical emergency
- Towing or repair receipt if your vehicle broke down
- A copy of your residential, trading or disabled person parking permit if the permit was not displayed
Council may also need a Statutory Declaration if the circumstances are complex and your evidence does not explain everything that occurred.
Circumstances where Council will not withdraw a parking fine / infringement notice
- Being unaware of the Road Rules, new to the area or unfamiliar with restrictions.
- Poor visibility due to weather
- Not noticing a sign or reading only part of a multi-panel sign
- Not noticing that a sign/restriction has been changed
- Running late or being delayed at an appointment.
- Stopping for a short time (including dropping off or picking up passengers or goods)
- Displaying an expired residential or disabled parking permit when parking in a restricted area
What happens if your application for a review is successful?
Council will write to you indicating that the infringement notice has been withdrawn. This may include an official warning.
What happens if your application for a review is unsuccessful?
Should the infringement be upheld, you will be advised of a new payment date.
If you decide to pay the infringement notice by the due date you don’t need to take any other action. However, if payment is not received by the due date, steps will be taken to ensure payment and you may incur additional costs.
If you wish to contest the infringement further, you may choose to elect to have the matter heard before a Magistrate by using the Application For Action by Court (136.08 KB)
For more information call Council’s Health and Local Laws Team on 9840 9333.
If you are unable to complete the application for parking fines review due to circumstances out of your control, you may have someone make an application on your behalf such as Legal Aid, support workers, interpreters, or a friend or family member.
An infringement notice can only be reviewed once.