Court proceedings

If you have a parking fine, you can elect to have the matter heard at the Magistrates' Court.

The law allows you one review of your infringement by the City of Port Phillip.

Before going to court, you can request an application for internal review. No costs apply and this may result in the withdrawal of your fine. Otherwise, you can pay to have the matter heard in court.

Before you elect to go to court

By law, only the registered owner or nominated driver can elect to have their matter heard in the Magistrates' Court. Additionally, a lawyer can act on the registered owner or nominated driver's behalf.

If you were not the driver and haven't been nominated, you will need to arrange for the registered owner to complete our driver nomination (PDF. 42KB) and submitting it to Port Phillip Parking Services. Once you have been nominated, a new fine will be issued in your name and mailed out. You can then take action to resolve your fine.

Once your court election request has been processed, our prosecutor will review your request and make arrangements for the matter to be lodged at court. Our prosecutor will send a hearing notice to you approximately a month before the scheduled hearing date.

If you choose to have the matter heard at court, please note that the City of Port Phillip incurs costs as part of this process, and we seek to recover these costs (currently $84.40 for a single offence and $127.40 for multiple offences), providing the court finds the matter in Council's favour.

Note: We cannot provide legal advice about this process and recommend that you seek independent legal advice before proceeding to court.

Adjourning your court hearing

Once a hearing has been scheduled, you may seek an adjournment by contacting the Magistrates' Court. This must be done prior to the day of the hearing. You should also contact the City of Port Phillip prosecutions officer to discuss your adjournment application. It will be up to the Court to grant or refuse an adjournment.

Out of court settlement

When your court election has been processed and a hearing has been scheduled, you may only settle the matter prior to attending court by making an out of court settlement. This will generally be the total infringement amount as well as any additional costs that Council has incurred.

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