Requesting a Parking Fine Review

For us to withdraw a fine where something unexpected occurred to you, we require verifiable independent documentation. This is in line with expectations set by the Victorian Auditor-General and is requested of all applications – we don’t make exceptions for individual drivers.  This ensures everyone is treated fairly.

I was dealing with a medical emergency

We consider a medical emergency to be a severe injury or illness posing an immediate risk to a person’s life or long term health. If a medical emergency occurred, you’ll need to supply an official letter on letterhead from the hospital or treating doctor, confirming:

• That you were involved in a medical emergency at the time the fine was issued
• How this prevented you from parking legally

The medical facility’s Patient Liaison Team may be able to assist you with a letter that confirms what happened on the day. A medical certificate isn’t sufficient. If you were driving your passenger to the emergency department, we’ll consider a certificate of attendance from the hospital.

My medical appointment was delayed, or took longer than expected

We don’t withdraw fines where you were delayed because a doctor ran behind schedule. Delays are common at medical facilities and drivers need to make allowances for this.

The only medical delays we consider are verifiable and unforeseen circumstances out of your control. For example, your appointment led to unexpected immediate hospital admission, or you required unexpected immediate testing like an MRI.

If a delay of this kind happened to you, you’ll need to supply an official letter on letterhead from the hospital or treating doctor, confirming:

• That the medical circumstances were unexpected
• How this prevented you from returning to your car

The medical facility’s Patient Liaison Team may be able to assist you with a letter that confirms what happened on the day. A medical certificate isn’t sufficient.

My car broke down

If your car breaks down, you’re expected to take swift action to remove it from the location or have it repaired. We don’t consider cases where there’s an unnecessary delay in the driver making repair or towing arrangements (for example, attending to other matters first).

If your car broke down, you’ll need to supply a:

• letter from a roadside assistance provider (indicating the car registration, date, time and location of where it was repaired)
• mechanic’s invoice (detailing the work performed, date and time)
• receipt/invoice for parts that were purchased on the day if you fixed the problem yourself
• towing invoice if the vehicle was towed (indicating the car registration, date, time and location it was towed from)

Anything you supply must be on official letterhead and include the company’s ABN and contact information. We’ll contact the provider to check the details. Applicant who provide us with false documents or deliberately misleading statement contravenes the Infringements Act 2006 and Road Safety Act 1986 may lead to prosecution or referral to Victoria Police.

My Parking Permit for People with Disabilities had expired or fallen from view

We’ll only consider these circumstances if you’re the permit holder. Drivers who are transporting permit holders are strictly responsible for the correct use and display of a valid permit. If you’re the permit holder, you’ll need to supply a copy of the permit used on the day the fine was issued and your renewed permit (if you displayed the expired one).

I was running only a few minutes late

We don’t withdraw fines in these circumstances, even if you catch up with the parking officer later on. We encourage drivers to choose parking areas and time limits that allow enough time to attend to commitments (allowing for any delays) and make sure their vehicles remain legally parked.

I was unfamiliar with the area or didn’t know the Road Rule

We don’t withdraw fines in these circumstances. As a condition of holding a driver licence, drivers are expected to understand and comply with all Victorian Road Safety Road Rules 2017 or refer to Vic Roads website. If you’re visiting Wyndham from another state or country, you’re expected to know and comply with the Victorian road rules when driving in Victoria.

I was held up at an appointment, work, court, or other commitment

We don’t withdraw fines in these circumstances. Due to various reasons, meetings and appointments may not always run on time. There are a large number of businesses and medical facilities located in the municipality of Wyndham and drivers are expected to allow enough time to cover the possibility of delay.

I misread the sign or didn’t see the sign

We don’t withdraw fines in these circumstances. The onus is on drivers to locate the sign that applies to them and comply with the information on all panels of that sign. Signs in Wyndham comply with Australian Standards. In some cases, you may need to walk a short distance to read the sign.

An honest mistake, such as finding a sign confusing or forgetting to check it, isn’t grounds for us to withdraw your fine.

It’s my first offence – can I get off with a warning?

We don’t consider a clear Australian driving record for parking offences. This is regardless of whether you admit fault, request a warning or you are of ‘good character’. Unfortunately, an honest mistake isn’t sufficient grounds for a fine to be withdrawn.

I parked in a No Stopping area for only a short time

We don’t withdraw fines in these circumstances. No Stopping signs indicate that a vehicle must not stop in the area for any reason, or any length of time, even with hazard lights on, or with occupants in the vehicle.

I thought I could park in a Loading Zone

We don’t withdraw fines in these circumstances. The Road Rules specify which vehicle types can park in these spaces and this information isn’t required to be shown on the sign. Ineligible vehicles (such as private vehicles) can’t park in Loading Zones, even if you’re loading or unloading.

Being unaware of these strict eligibility requirements isn’t grounds for us to withdraw your fine. We also don’t consider cases where you drove a replacement (private) vehicle because your usual (eligible) vehicle was unavailable on the day.

I was held up while parked in a Loading Zone

We don’t withdraw fines in these circumstances, unless exceptional circumstances occurred (that is, verifiable and unforeseen circumstances out of your control). Usual business delivery delays, including deliveries to high-rise buildings, are not considered to be unexpected. There is a high demand for Loading Zone spaces and we strictly enforce the time limit to keep the city moving.

I can’t afford to pay this fine

Unfortunately this isn’t sufficient reason for us to withdraw your fine, but you can apply for an Extension of Time or Payment Plan.

Other

If the above categories don’t apply to you, but you believe there’s a good reason for your fine to be reviewed, submit your application below and we’ll review your fine. Make sure you provide all the details as well as any verification of your circumstances from third parties, because you only get one chance to request a review. You need to provide all of the relevant information up front to help us make a decision.

If someone else was driving your vehicle when the parking infringement was issued, you will need to fill in a Nomination Statement (on page 3 of the ‘Internal Review of an Infringement’ application form) and identify the driver of the vehicle at the time of the offence. 

If you do not know who was the driver of the vehicle at the time of the offence, you must explain why you could not, with reasonable diligence, ascertain the identity of that person.  You must also provide details of the enquiries you have made to try and identify them.

If you do not make an effective nomination, as the registered owner of the vehicle you will be liable for the infringement notice and any penalties incurred.

• to nominate another driver please complete the online Nomination Statement form or download Nomination Statement form which must be completed by the owner of the vehicle
• to act as the owner’s authorised representative: a letter from the owner authorising you to act on their behalf

If the vehicle is owned by a company, the company director will need to sign this form or letter.

What if I no longer own the vehicle?

You will need to fill in a Nomination Statement (on page 3 of the ‘Internal Review of an Infringement’ application form) and identify the driver of the vehicle at the time of the offence.

If you do not make an effective nomination, as the registered owner of the vehicle you will be liable for the infringement notice and any penalties incurred.

You must apply in writing and your application must contain:

• the ground(s) for your review; and
• your current postal address for documents to be sent to.

To assist with processing your internal review application please include the following information:

• a contact phone number; and
• your infringement number.
• The postal addresses cannot be a PO Box as required by s12 of the Infringements Act 2006.

It is recommended that you use the ‘Internal Review of an Infringement’ application form to ensure that you have provided Council with all the information required to process your Internal Review.

Internal Review of an Infringement Application.

Alternative options available to you

You can either pay your fine or elect to have the matter heard at court.

If you don’t act before the due date on your fine, it will continue through the infringements process and more costs will be added. Act now to avoid further costs and enforcement action.

The Infringements Act 2006 provides that ‘special circumstances’ in relation to a person means:

1. a mental or intellectual disability, disorder, disease or illness where the disability, disorder disease or illness results in the person being unable –

         (i)     to understand that conduct constitutes an offence; or

         (ii)    to control conduct which constitutes an offence; or

2. a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction results in the person being unable-

         (i)     to understand that conduct constitutes an offence; or

         (ii)    to control conduct which constitutes an offence; or

3. homelessness determined in accordance with the prescribed criteria (if any) where the homelessness results in  the person being unable to control conduct which constitutes an offence; or
4. family violence within the meaning of section 5 of the Family Violence Protection Act 2008 where the person is a victim of family violence and the family violence results in the person being unable to control conduct which constitutes an offence.

You should provide a statement from an allied health professional such as a doctor, psychiatrist, social worker or drug counsellors that explains how your special circumstances meant you could not obey the law. This statement should be less than 12 months old.

Yes, you may appoint a representative to act on your behalf.  Section 3 of the ‘Internal Review of an Infringement’ application form must be completed and signed by you so your representative can act on your behalf.

Your representative will also need to sign the Declaration in the ‘Internal Review of an Infringement’ application form.

When reviewing a fine, Wyndham City Council considers all the available information, including:

• information collected by the officer who issued the fine, which may include photographs
• circumstances and any supporting documents provided in your application or by third parties
• requirements under the relevant legislation (for example, Road Safety Road Rules 2017, or Infringements Act 2006)

Your fine will be placed on hold while the review is conducted.

If you are requesting a review, please do not pay the infringement until you are advised of the outcome of your application.

You will receive confirmation of your application for review within 14 days of Council receiving your application.

Council is required to determine the outcome of your application within 90 days of receipt of your application.  The time period may be extended if Council requires further information from you (see below).

Council will notify you of the outcome of your application in writing. This will be sent to the address you have supplied in your application.  Council is required to provide you with notice of the outcome of your application within 21 days of deciding the review.

You may only apply ONCE for an Internal Review to be conducted by Council for any infringement notice.

If you wish to contest the matter further once a decision has been made, you may elect to have the matter heard in Court.

If you have not provided sufficient information in your application, Council may request further information from you.

You must provide the additional information within 14 days of receiving the request.   If you require additional time to obtain the requested information, you can make a request in writing to Council for an extension of time. 

If you do not respond to Council’s request, your application will be determined without the further information.

If you have applied for internal review on the ground(s) that:

• the decision to issue the infringement notice was contrary to law; or
• the decision to issue the infringement notice involved a mistake of identity; or
• the conduct should be excused having regard to any exceptional circumstances relating to the infringement offence,

Council may decide to:

• confirm the infringement notice and proceed with the matter
• withdraw the infringement notice and instead issue an official warning
• withdraw the infringement notice
• withdraw the infringement notice and refer the matter to Court
• waive any penalty reminder notice fees related to the infringement notice
• suggest you apply for a payment plan for the payment of the infringement
• a combination of any of the above

If you have applied on the ground that you were unaware of the notice having been service and service of the notice was not by personal service, Council may decide to:

• Grant the application, if satisfied that, more than 14 days before the applicant applied for internal review, the applicant was not aware that the infringement notice had been served; or
• Refuse the application, if not satisfied that, more than 14 days before the applicant applied for internal review, the applicant was not aware that the infringement notice had been served.

An application for review made under this ground will not result in an infringement notice being withdrawn but may result in the waiver of penalty reminder notice fees.

Your remaining options will be outlined in the letter we send you. As the legislation only allows you to only make one application for review, we won’t consider further correspondence regarding a fine that’s already been reviewed unless you’re providing new evidence that we’ve requested.

If you’re unable to make payment in full before the due date we may be able to provide you some alternative payment options such as a payment plan. Read about the payment options and eligibility requirements.

Yes, you can:

• you may elect to go to Court rather than submit an application for Internal Review. If you do, Council cannot accept an application from you for an Internal Review; or
• you may elect to go to Court after submitting an application for an Internal Review, but before a decision has been made. If you do, your application for an Internal Review will no longer be considered; or
• you may elect to go to Court if you wish to contest the matter after your application for an Internal Review has been decided.

Fines don’t just go away. If you ignore a fine, it will become more serious and costly as it escalates to Fines Victoria.

The registered owner of a vehicle is responsible for parking infringement notices. If someone else received a parking infringement notice while driving your car, you need to inform Wyndham City before the matter is lodged with the Infringements Court. Please note that you will not lose demerit points for parking tickets, no matter how many parking tickets you receive. Parking infringements do not affect your driving record.

You need to complete the online nomination form or download the Nominated/Known User Statement and complete and send to Wyndham City via:

• Email: mail@wyndham.vic.gov.au
• Post: Wyndham City, PO Box 197, Werribee VIC 3030

You should retain a copy of the completed form for your records.

Contest an infringement notice

If you were the driver at the time of getting the infringement notice and you wish to contest it, then you must arrange for the registered owner to complete a Nomination/Known User Statement. Alternatively, the registered owner can provide an authorisation letter  for you to contest the infringement notice on their behalf.  Without a Nomination/Known User Statement nominating you as the driver you do not have the required documentation to contest the matter in court.

What happens if I don’t nominate a driver/don’t provide Wyndham City with a completed Known User Statement?

If you are the registered owner, the infringement notice will remain your responsibility unless you nominate the driver. You can do this by completing the Known User Statement and providing it to Wyndham City before the matter is lodged with the Infringements Court.

If I’m from a company, how do I nominate the driver?

If you have the company’s authority, you can complete a Nomination/Known User Statement on behalf of the company and provide it to Wyndham City.

What if I was overseas when the penalty reminder notice was sent?

If you’re the registered owner of the vehicle that the infringement relates to, you are expected to maintain your affairs while on holiday, whether by redirecting your mail or getting a friend or neighbour to collect the mail on your behalf.

What if I don’t know who was driving at the time of the infringement?

The responsibility for the infringement rests with you as the registered owner of the vehicle. It is expected that you are aware of who is using your vehicle at any given time.