Have you recently received a Wyndham City fine related to parking? By law, you’re entitled to request only one review of your fine, which means you need to give us all of the relevant details when applying to help us to make a decision.
If your infringement is one other than parking, read about requesting an infringement review
In order to request an internal review of an infringement notice for a parking offence you must be the registered owner of the vehicle or the person nominated by the registered owner of the vehicle as the person who was in control of the vehicle at the time the infringement notice was issued.
For infringement notices issued by Wyndham City if you feel the infringement notice was issued incorrectly or there are extenuating circumstances which prevented you from obeying the law you may apply for an internal review of the infringement notice. You may only apply once for an internal review of an infringement notice so please provide as much supporting evidence as possible.
Find your circumstances below to see if we will consider your grounds, and if so, what documents you need to provide and how to apply.
Step 1: Do we consider your circumstances?
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 (insert link) 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 2009 (insert link). 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.
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.
Step 2: Is the vehicle registered in your name?
If you have a parking fine, it’s important to understand that under Victorian law, the only people who can apply for a review are:
- the registered owner
- their authorised representative or
- a person who has been formally nominated as the driver
This is because parking fines are issued to ‘the owner’ of the vehicle. If the vehicle isn’t registered in your name, you must supply one of the following documents with your application:
- to be formally nominated as the driver: a Nomination Statement completed by the owner
- 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.
Step 3: How to apply
Having read the information in steps 1 and 2, if you believe you have reasonable grounds to request a review, apply by completing the 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.
Frequently Asked Questions
How will the review be conducted?
When reviewing a fine, Wyndham City takes into account 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 2009, Environment Protection Act 1970 or Infringements Act 2006)
What happens after I apply?
Most internal reviews will be completed within a few weeks, however the process may take up to 90 days or longer if additional information is required. We’ll notify you of the outcome in writing to the postal address you provided.
Insufficient Information Provided
If insufficient information is provided, we may contact you for additional details before reviewing your fine. If this information isn’t received by the specified date, we’ll make a decision based on the information at hand.
If the fine is upheld, you’ll be advised of a new payment date. If you don’t pay the fine or take any other action (for example, request a payment extension or elect to have the matter heard at court) by the new due date, the fine will continue through the infringements process and you’ll incur additional costs. This process is set out in the Infringements Act 2006.
What happens if my application is unsuccessful?
Your remaining options will be outlined in the letter we send you. As the legislation 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.
Can I apply for a payment plan?
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.
How can I have the matter heard at court?
If you wish to have your matter dealt with in the Magistrates’ Court, you need to notify Wyndham City in writing to: Prosecutions Support Officer, Wyndham City PO Box 197, Werribee VIC 3030. Additional costs may be incurred if the matter is referred to court. See Court proceedings for more information.
What happens if I don’t pay?
Fines don’t just go away. If you ignore a fine, it will become more serious and costly as it escalates to the Infringements Court and/or the Sheriff. Act now to avoid extra costs and enforcement action.
Nominating a Driver
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.
You need to download the Nominated /Known User Statement and complete and send to Wyndham City via:
- Email: email@example.com
- Fax: 9741 6237
- 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.