Infringement notices

In considering whether to withdraw a parking infringement, we will not consider the following:

• being new to the City of Whittlesea
• being stopped in a prohibited area for a short time
• having an appointment or meeting running overtime
• being unable to leave work to move a vehicle
• misreading or not understanding a sign the sign
• being unaware of which vehicles can use Loading Zones or Permit Zones
• running out of petrol, or experiencing vehicle issues that did not require repair/towing
• forgetting to display the correct or valid parking permit or disabled parking permit
• being your first time receiving an infringement.

We will consider withdrawing a infringement in the following circumstances (with supporting evidence):

• the infringement notice was issued 'contrary to law' (you believe you did not commit an offence)
• the infringement notice was issued to the wrong person or vehicle (for example, you were not in the location or the wrong registration was recorded)
• 'exceptional circumstances' (verifiable and unforeseen circumstances outside of your control) could excuse the infringement, such as:
  • a medical emergency (an injury/illness posing an immediate risk to a person’s life or long-term health)
  • a vehicle breakdown
  • you stopped to avoid a collision or in the interests of safety
• you have 'special circumstances' that affected the behaviour at the time of the offence. This means you were unable to either understand or control the conduct that led to the offence, such as:
• • a mental or intellectual disability, disorder, disease or illness, or
  • a serious addiction to drugs, or alcohol or a volatile substance, or
  • homelessness
  • being a victim of 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 family violence results in the person being unable to control conduct which constitutes the offence.

When undertaking a review, we take into account all of the available information, including:

• information collected by the issuing officer
• circumstances outlined by you in your request for internal review (and in any supporting documents supplied)
• requirements under the relevant legislation (for example, Road Safety Road Rules 2009, Environment Protection Act 1970 or Infringements Act 2006).

• If you submitted your internal review online, you will receive an acknowledgement stating your infringement is now on hold.
• If you submitted your internal review by email/paper application, you will receive an acknowledgement letter in the mail.
• If you provide insufficient information or we require further information, we may contact you in writing asking for more details before reviewing your infringement notice. If we don't receive this information by the specified date, we will make a decision based on the initial information at hand.
• If the infringement is confirmed, we will advise you of a new payment due date.
• If you don't pay the infringement notice, request a payment arrangement or elect to go to court by the new due date, you may incur further costs in late fees.
• If you take no action, our collection process will continue. This matter may be referred to Fines Victoria or the Magistrates Court. If so, additional costs may be incurred.

Here are the possible outcomes available in relation to your internal review. We may:

• confirm the decision to serve the Infringement Notice
• withdraw the Infringement Notice and convert to an Official Warning
• withdraw the Infringement Notice
• withdraw the Infringement Notice and refer the matter to the Magistrates’ Court under Section 17 of the Infringements Act 2006
• waive any prescribed additional costs
• approve a payment plan or extension of time for payment.

You can apply under this ground if you believe that the decision to issue the infringement was inconsistent with the law.

For example, you may think that the officer who issued the infringement acted unlawfully, improperly or outside their authority or that the infringement does not comply with the legal requirements of an infringement notice.

You can request a review under this ground if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim.

For example, perhaps someone provided your licence or gave your details to us, or you have the same name as another person or family member and the wrong person received the fine.

You cannot request a review under this ground if someone else was driving your vehicle. Failing to nominate the responsible person is not a valid reason to apply for mistake of identity.

You should only select this ground if you can show that the offence occurred due to circumstances that were out-of-the-ordinary, unavoidable, or exceptional, such as a medical emergency or a vehicle breakdown.

You may request a review under this ground if the following apply:

• You found out about the infringement within the last 14 days
• Your mail was stolen (a police report or statutory declaration is required)
• You were in another location (due to being overseas, or having moved house and you updated your address with the relevant authorities such as Council, VicRoads and ASIC within 14 day of moving house)
• Other situations preventing you from knowing about the fine

If you answer yes to one of the above options, you can request an internal review to have the additional fee on your reminder notice waived and an extension of 21 days to deal with your infringement. You will need to submit your internal review within 14 days of the date upon which you received the penalty reminder notice. If your application is successful, you will still have to pay the original infringement penalty.

Special circumstances may apply if you have serious personal issues, disorders or difficulties that have had a serious impact.

These circumstances are very specific. You should only select this ground if you committed the offence and can show that at the time of the offence you:

• had a mental or intellectual disability, disorder, disease or illness
• had a serious addiction to drugs, alcohol or a volatile substance
• were homeless
• were a victim of family violence, or
• you cannot deal with your infringements because of severe disabling long-term circumstances, even if those circumstances did not exist at the time of the offence.

You will need to provide evidence from a qualified practitioner or agency to support your application. For more information on what is required and how to apply, go to 'Making a special circumstances application' section on this page.

You must show a link between your special circumstances and your offending behaviour.

If you have a mental illness, intellectual disability, or a serious substance addiction, you need to provide evidence of how this reduced your capacity to:

• understand your behaviour was against the law, or
• control your behaviour (even if you knew it was against the law).

If you are homeless or a victim of family violence, you need to provide evidence of how this reduced your capacity to control your behaviour (even if you knew it was against the law).

If you are not able to deal with your infringement due to severe disabling long-term circumstances, you need to provide evidence that your circumstances:

• are long term and severe, disabling or incapacitating
• relate mostly to issues other than financial hardship
• make it impracticable or unfeasible for you to deal with your infringement by paying in full or paying in instalments.

Examples include:

• having long-term involuntary mental health care
• living with severe physical or intellectual disability.

Who can prepare your supporting evidence?

You must provide evidence from a practitioner or agency who is familiar with your circumstances. Depending on your circumstances, this may be your:

• doctor or medical specialist
• psychiatrist or psychologist
• social worker or case worker
• accredited drug treatment agency or drug counsellor
• financial counsellor
• recognised health, support or welfare agency (for example, the Salvation Army).

Evidence may include, reports, letters, statements, submissions, statutory declarations, police reports and family violence safety notices.

What is required in your report?

Your practitioner or agency report should include:

• your practitioner's qualifications
• your practitioner's relationship with you and how long they have known you
• an explanation of your circumstances, including its nature, severity, duration, and impact on your life
• the link between your circumstances and your offending behaviour.

In the case of severe, disabling long-term circumstances, the report should also include information on the link between your circumstances and your inability to deal with the infringement.

We may ask you for more information to help determine your application.

Your evidence should be signed and dated within 12 months of the date of your application. You can provide evidence that is older than 12 months if it relates to a permanent condition, such as an intellectual disability.

'Special circumstances' are defined in Section 3A of the Infringements Act 2006.

See the Infringements Act 2006 for more information about the law relating fines.

Evidence to support your claims should be provided with your application.

Supporting evidence can include, but is not limited to:

• medical reports
• bank statements
• hospital admissions documentation
• police statements or reports (including mail theft reports made to Victoria Police or Australia Post)
• travel documentation (for example, copies of flight itineraries, date-stamped passports, boarding passes, or a international movement records)
• removalist's invoice
• tow truck driver's or mechanic's invoices
• identification documents (for example, driver's licence, birth certificate)
• Motor Vehicle Transfer documents or other proof of sale of a motor vehicle.

Please provide as much information and supporting documentation as you can, as this will help the decision makers. You can only request one internal review for each infringement.

It is important that you provide your most current address and contact details so we can contact you about your application if required.

After you have completed and submitted your application, your infringement will be placed on hold and no further fees will be added. 

 An Infringement Review Officer will review your request within 90 days of receiving your application. Your application for internal review will be assessed based on the information and evidence provided to support your claims. 

It may take longer if you are asked to provide additional information. If you do not respond to our request for information, your application may be reviewed based on the information available.

Once a decision has been made, you will receive notice of the outcome by post or by email (if consent is provided).

If your application is successful, depending on the grounds you applied under, we can decide to:

• withdraw the infringement and take no further action against you
• withdraw the infringement and issue an official warning instead
• refer the matter to the Magistrates' Court
• approve a payment arrangement
• waive or vary any additional fees
• confirm its decision to issue you with the infringement.

If the application is not successful, you will receive a notice by mail or email to confirm:

• the Infringement Review Officer’s decision
• how much you need to pay
• when you need to pay it by
• any other options available to you.

If your application is not successful, you can apply to have your matter heard in the Magistrates' Court . This gives you (or your representative) a chance to present your evidence in front of a magistrate who will make a decision about your matter.

See the Fines Victoria website for more information about having the matter heard in court.

Parking, litter, illegal deposit of waste, and some Local Law Infringement Notices are issued directly to the registered owner of the vehicle. We obtain owner details directly from VicRoads Vehicle Registration Database.

The registered vehicle owner is responsible for all parking infringements issued to their vehicle. You do not lose demerit points for parking, litter, waste, or Local Law infringements.

If you were not the driver at the time of the offence, you can nominate the responsible driver. This transfers the liability of the infringement to them.

In cases where more than 50 litres of waste has been deposited illegally, Council may decide not to accept a nomination.  This means that the infringement will remain in the name of the owner of the vehicle.

Please note: you cannot sign a nomination statement where you have been nominated. If you are the director of a company and you wish to nominate yourself for a company vehicle, please have an administration or fleet officer complete the nomination form. If another staff member cannot sign the nomination statement, you will need to provide proof you are the Director of the company in order to accept the nomination form (ASIC's record).

Apply via the self-service portal

If you have received an Infringement notice, you can decide to have a matter heard at the Magistrates’ Court.

If you disagree with the outcome of our internal review, you also have the option to have the matter heard at the Magistrates’ Court.

If you want to pursue this option, complete the online request. There may be a lengthy delay in obtaining a court date as this is determined by the availability of the Magistrates' Court.

A lawyer can act on your behalf, or on the behalf of the company named on the infringement notice. The court may permit a sole director or person with written consent of all directors to represent a company. 

Please note that we incur costs if you elect to go to court. We will seek to recover these costs, providing the court finds the matter proven.

Are you the owner/company listed on the notice?

Before you submit your court request, you must ensure you are the registered owner or person/company listed on the infringement notice.

If you were the driver and haven’t been formally nominated, the registered owner of the vehicle must complete the online nomination application. Once you have been nominated, the infringement notice will be re-issued in your name, and you will receive the infringement. You can then take action to resolve your infringement (such as requesting a review or electing to go to court).

Submit a court request form

If you do not take action or pay your infringement before the due date, we will send you a penalty reminder notice, additional costs will be incurred.

At this point you may also request an internal review, or elect for the matter to be heard at the Magistrates' Court, or request for a payment arrangement.

If you do not take action or pay your infringement before the due date on the penalty reminder notice, our collection process will continue. You may receive a final notice, or the infringement may be referred to Fines Victoria or the Magistrates' Court.

If you do not respond to Step 1 or 2, we will lodge the matter with Fines Victoria or the Magistrates' Court.

Fines Victoria

If the matter is referred to Fines Victoria you will receive correspondence directly from this Agency. You can contact them direct on 1300 735 124.

This escalation process is set out in infringements legislation. The Fines Victoria website also explains what happens to unpaid fines.

Magistrates' Court

If the matter is referred to the Magistrates' Court, you will receive a hearing notice which will specify the time, date and location of the court to attend.

If you don’t attend, the matter may proceed in your absence.

You will receive correspondence from the Court once the matter has been finalised.