Appeal a parking fine

• Exceptional circumstances: the offence occurred due to an extraordinary or unavoidable situation

  Only select this ground if you can show that the offence occurred due to circumstances that were out of the ordinary, unavoidable or exceptional. For example:

  • a medical emergency
  • vehicle breakdown.

  Where possible, verifiable evidence should be provided, such as hospital admission or vehicle towing or roadside assistance payment receipts.

• Contrary to law: the fine is invalid or was improperly issued to you

  You can apply under this ground if you believe that Council’s decision to fine you was inconsistent with the law. For example:

  • the officer who issued the fine acted unlawfully, improperly or outside their authority
  • the fine does not comply with the legal requirements of an infringement notice.

• Mistake of identity: the fine was issued to the wrong person

  Use this reason if you have evidence to show you were not the person who committed the offence. For example:

  • your vehicle was not the vehicle involved and listed on the infringement notice
  • you have the same name as another person and the wrong person received the fine.

  This review ground does not apply if someone else was driving your vehicle at the time of the offence. Instead, you should complete our online nomination statement via the infringement portal* or by downloading a copy of the driver nomination form (PDF, 42KB).

  *Note: you may need to create an account first if you haven't already.

• Person unaware: you did not know about the fine

  You can request a review under this ground if all of the following apply:

  • you have received a penalty reminder notice
  • you found out about the fine within the last 14 days
  • the fine was not personally given to you by an officer.

  If you moved house but you did not change your authorised address with the relevant agency (for example, VicRoads) within 14 days of moving, your application may not be successful.

  Your application may not be successful without evidence showing you did not know about the fine. This could be:

  • a copy of your passport or boarding pass showing you were overseas
  • an invoice from a removalist showing that you recently moved house
  • a VicRoads address change confirmation
  • a report about mail theft.

  You must submit your application within 14 days of the date you knew about the fine.

  If your application is successful, any fees added to your fine will be removed. You will be given a further 21 days to deal with your fine.

• Special circumstances: you have serious personal issues, disorders or difficulties

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

  • at the time of the offence any of these circumstances applied. 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 fines because of severe disabling long-term circumstances. The circumstances did not have to 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, see: Special Circumstances.

• Family Violence Scheme

  The Family Violence Scheme is an option to help victim survivors deal with fines, if there is a link between the family violence and their fines.

  See: Family Violence Scheme for more information and assistance.

Applying for an internal review (appealing your fine)

• What you need to provide

  Evidence to support your claims should be provided with your application. Examples of supporting evidence can include, but are not limited to:

  • a copy of a relevant parking permit or submitted application
  • medical reports relating to the date of the offence
  • hospital admission documentation
  • bank statements demonstrating a required payment
  • police statements or reports (including mail theft reports made to Victoria Police or Australia Post)
  • travel documentation (for example, copies of flight itineraries, or international movement records)
  • identification documents.

  Please provide as much information and supporting documentation as you can. You can only request one internal review for each infringement.

• What happens after you apply

  Once you submit your request, your fine will be placed on hold. No further fees will be added.

  We will review your request within 90 days of receiving your application and respond to you by post, to your mailing address provided. Your application is assessed based the evidence we have, the information and evidence you provide and any applicable legislation.

  It may take longer if you are asked to provide more 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 to the address provided in your application. If you change your address during this time, please contact us to update your details.

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

  • withdraw the fine and take no further action against you
  • withdraw the fine and issue an official warning instead
  • approve a payment plan
  • waive or vary any fees associated with the fine
  • waive or vary any additional steps imposed by the fine.

  If your application is not successful, you will receive a notice by mail to confirm our decision. You will be given a new due date and advised of your options:

  • how much you need to pay
  • when you need to pay it by
  • any other options available to you.

• If you cannot apply online

  If you cannot apply for a review online, you will need to submit your request in writing by mail. We need to know:

  • your infringement number
  • your name
  • your postal address.

  If you need help, call us on 03 9209 6777.

  Post your application and any supporting documents to:
  City of Port Phillip
  GPO Box 632
  Melbourne Vic 3001

  Or you may submit your application in person via Council's customer service counters.

• When you can go to court

  Check the stage your fine is at. This can be found at the top of your most recent notice.

  If your fine is at infringement notice, penalty reminder notice or final warning stage, you can apply to have your matter heard in the Magistrates' Court (or the Children's Court if you are under 18 years of age).

  If your infringement has already escalated to the Magistrates’ Court or Fines Victoria, you cannot apply to Council to go to Court. You need to contact the Court or Fines Victoria directly.

• What happens after you apply?

  If your application to go to court is accepted:

  • the matter will be listed at the Magistrates' Court (or the Children's Court if you are under 18 years of age)
  • you will be notified or a date, time and location when you may need to appear before the court. This is called a hearing.

  If you don't go to your hearing, the court can decide the matter in your absence.

• Possible outcomes of a court hearing

  The magistrate will hear your case. They may decide to:

  • record a conviction if they find you guilty
  • issue you with a new fine (the penalty may be the same, more, or less than the amount on your Infringement Notice)
  • dismiss or discharge your case
  • adjourn (delay) the matter
  • order you to do unpaid community work.

• If you cannot apply online

  If you cannot apply for a review online, you will need to submit your request in writing by mail. We need to know:

  • your infringement number
  • your name
  • your postal address

  If you need help, call us on 03 9209 6777.

  Post your application and any supporting documents to:
  City of Port Phillip
  GPO Box 632
  Melbourne Vic 3001

  Or you may submit your application in person via Council's customer service counters.