How do I appeal my parking fine?

 Online: Apply for an internal review. You may upload images or documents in support of your request.

Email/Post: Complete the Internal Review Application Form and send to [e-mail] or PO Box 1000, Mentone VIC 3194.

Requests must:

• be in writing
• include the infringement number and vehicle registration number
• include a return postal address
• state the grounds for review and include any supporting documentation

Review outcome options:

Council have 90 days to review your appeal, however appeals are typically reviewed within 2-5 business days upon receipt. Under current Legislation all responses to appeals are required to be sent in writing by post. 

After reviewing an appeal council may:

• Confirm the decision to serve an infringement notice and proceed with enforcement
• Withdraw the infringement notice and serve an official warning in place of the infringement notice
• Withdraw the infringement notice
• Withdraw the infringement notice and refer the matter to the Court
• Waive all or any penalty reminder notice fees
• Approve a payment plan

Please be aware that you are only entitled to 1 appeal per Infringement. In the event of your application for internal review being unsuccessful, and to avoid additional Statutory Court costs, one of the following actions must be taken by the due date specified on the notice.

• Payment must be made via one of the payment options available
• Apply for a payment plan online or complete the Payment Plan Application Form and send to [e-mail] or PO Box 1000, Mentone VIC 3194
• Elect to have the matter heard in Court (Magistrates’ or Children’s Court as applicable)
• If you are eligible, an accredited organisation may apply to the Director, Fines Victoria for a Work and Development Permit on your behalf. For further information contact WDP Operational Team at [e-mail] or phone [phone].

Applications will not generally be considered if you received an infringement because you:

• did not see a sign
• are new or unfamiliar with the City of Kingston or a Road Rule
• did not notice that a sign or restriction had changed
• did not understand the parking sign – all signs conform with Australian standards
• were delayed at an appointment or meeting that went over time
• ran out of petrol
• didn’t have change for the ticket machine – drivers need to arrange this before they park their vehicle or use one of the other pay parking options
• were unaware of which vehicles are eligible to use Loading Zones or Permit Zones
• placed a paid parking ticket or parking permit upside down or it had fallen out of sight – you must ensure that it is correctly displayed prior to leaving your vehicle
• left your permit in another car or had an expired permit displayed
• only stopped for a few moments in a restricted area to drop off or pick up goods or passengers
• helping somebody and thought it was OK to disregard the parking restrictions – despite the good deed you must ensure your vehicle is legally parked
• ongoing road works and disruptions to regular parking – this does not permit you to park your vehicle illegally

Supplying Additional Information

 You may be requested by Council to supply additional information.

 

 

Nominate another driver

If you weren't the driver you must nominate the driver who was responsible.

Online: Nominate the driver / owner of the vehicle

Email/Post: Complete the Nomination Form (Part 1) and send to [e-mail] or PO Box 1000, Mentone VIC 3194.

 

Information on Court Proceedings

The registered owner or nominated driver can elect to have their infringement matter heard at the Magistrates' Court at any time, prior to the infringement being registered with Fines Victoria.

The court election must be made in writing. Request a Court Hearing online or complete the Request a Court Hearing Form (Part 2) and send to [e-mail] or PO Box 1000, Mentone VIC 3194 

Once a Court election request is received, Council's prosecutor will review the request and make arrangements for the matter to be lodged at Court. The prosecutor will send a hearing notice to the applicant approximately one month before the scheduled hearing date.

Council cannot provide legal advice about this process and recommends that drivers seek independent legal advice before proceeding to Court.

The Court election process will result in the City of Kingston incurring further costs. Council will seek to recover those costs from the person taking the matter to Court, if the Court finds in favour of Council's original decision to issue the infringement notice.

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 Kingston prosecutions officer to discuss your adjournment application. It will be up to the Court to grant or refuse an adjournment.

Once a Court election has been processed and a hearing 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.

 

Legislation and Grounds for Appeal

The Infringements Act 2006 defines how Council must review infringement notices.

The Act states that only one application for internal review can be submitted for consideration.

The Act also states that applications for internal review can only be considered on the following grounds:

• The infringement notice was issued contrary to the law
• There has been a case of mistaken identity as the infringement notice was issued to the incorrect vehicle or person
• There are 'exceptional circumstances' that could excuse the conduct that resulted in the infringement notice being issued. For example:
  • There was a medical emergency (injury or illness posing an immediate risk to a person's life or long time health)
  • The vehicle had broken down
    Exceptional circumstances are verifiable and unforeseen circumstances that are outside of your control
• There are 'Special Circumstances'. Special Circumstances are defined in the Infringements Act 2006 as follows
  • A mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness results in the person being unable
    • to understand that conduct constitutes an offence; or
    • to control conduct that constitutes an offence; or
  • 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
    • to understand that conduct constitutes an offence; or
    • to control conduct which constitutes an offence; or
  • 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
• 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
• That the person was unaware of the infringement notice have being served and would like the additional penalty reminder notice costs to be waived