Request a review of a fine: Infringement Notice

Special circumstances apply if you were affected by one of the following at the time of the offence.

• A mental or intellectual condition or a severe addiction to drugs or alcohol. 
• Homelessness
• Family violence. You or an immediate family member was experiencing family violence (which results in you being unable to control conduct, which constitutes an offence)

These conditions will help us decide if you could not control the behaviour that was against the law.

Providing evidence

To substantiate a claim of special circumstances, Wyndham City Council requires supporting evidence that links your circumstances to the infringement notice.

Evidence from the following parties can be accepted. This statement should be less than 12 months old.

• A general practitioner, psychiatrist or psychologist. This may be a medical report or letter from a treating physician or hospital outlining specific details of a serious illness or medical emergency.
• A social worker. This may be a supporting letter from a psychologist/psychiatrist, social worker, outreach organization or community service provider.
• A drug and alcohol counsellor. This may be a supporting letter from a counsellor.

Please note that you should only provide information that is true and correct. It is an offence to knowingly provide false or misleading information as part of an internal review application or supporting evidence provided with it.

Exceptional circumstances are unforeseeable events. Please provide details of the exceptional circumstances where you have committed the offence due to unforeseen or unpreventable circumstances, for example:

• A medical emergency
• Temporarily parking a damaged vehicle directly following involvement in an accident.
• Mechanical breakdown.
• Expired or fallen-from-view Disability Parking Permits. This is only applicable to disability parking permit holders. Drivers transporting permit holders are responsible for the correct use and display of a valid permit.

Providing evidence

To substantiate a claim of Exceptional Circumstances, Wyndham City Council requires evidence that supports the exceptional circumstance, including its time and date.

Examples of satisfactory evidence include but are not limited to the following:

• Medical report or letter from a treating physician or hospital outlining specific details of serious illness or medical emergency.
• A supporting letter from a psychologist/psychiatrist, social worker, outreach organisation or community service provider.
• Copy of the Disability Parking Permit used on the day the fine was issued or renewed permit.
• 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).
• Visual proof such as photographs, security camera or other video footage.
• Statutory declaration from you or witnesses.
• Any other information or evidence that supports your claim.

Please note that you should only provide information that is true and correct. It is an offence to knowingly provide false or misleading information as part of an internal review application or supporting evidence provided with it.

This means that you were not the person who committed the offence. For example, you were not the driver who committed the parking offence (the car was stolen or driven by someone else), or your registration number was recorded incorrectly. If this circumstance applies to you, please complete the Nomination Statement as described below.

Nomination Statement

Supporting documents

If you are claiming mistaken identity in relation to a parking offence, you will need to:

• Complete the online Nomination Statement form or download the Nomination Statement form, which must be completed by:
  • the owner of the vehicle, or
  • company director, if a company owns the vehicle.
• If the wrong registration number was recorded, please provide a copy of your car registration certificate.
• If your car was stolen, please provide a copy of the police report.
• If you act as the owner’s authorised representative, please provide a letter from the owner authorising you to act on their behalf.
• If you no longer own the vehicle, identify the vehicle driver on the application form at the time of the offence. Please provide evidence to identify the new owner of the vehicle such as vehicle transfer papers.

Please note that you should only provide information that is true and correct. It is an offence to knowingly provide false or misleading information as part of an internal review application or supporting evidence provided with it.

This means that you were not aware that you had an infringement notice.

An application made on the ground of ‘person unaware’ must:

•  be made within 14 days of you becoming aware of the infringement notice (you may be asked to provide evidence of the date that you became aware of the infringement notice by completing a statutory declaration) 
• state the grounds on which the decision should be reviewed, and
• provide your current address for service. 

Important

• You cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.
• We will not withdraw your infringement under this ground. We will only consider waiving additional costs that may have been incurred.
• Please note that you should only provide information that is true and correct. It is an offence to knowingly provide false or misleading information as part of an internal review application or supporting evidence provided with it.

• Financial hardship of itself is not grounds for an infringement notice to be withdrawn. If you are experiencing financial difficulties or if the payment of this fine as a lump sum may cause you financial hardship, it is suggested that you consider the option of an Extension of Time or Payment Plan.
• Not seeing or misreading a parking sign
• Forgetting to read the sign because you were concentrating on other things
• Not noticing that a sign/restriction had been changed
• Council did not advise you of any signage changes
• Poor visibility due to weather
• Being new to the area or unfamiliar with the restrictions. This applies regardless of whether the driver is from Victoria, interstate or overseas
• Being delayed at an appointment meeting or being in a hurry
• Being unable to find anywhere else to park
• Everyone else was parking there
• Moving your vehicle from one parking space directly to another between the same parking signs
• Parking for a very short time
• Leaving the vehicle because you, or a passenger, needed to use the toilet
• Stopping for a couple of minutes to drop off or pick up passengers or goods
• Stopping to answer your mobile phone
• Running late to drop your children at school
• A school area being so busy you could not park legally
• Running out of petrol or experiencing vehicle issues that did not need repair or towing
• Being unaware of which vehicles can use loading or permit zones
• Parked in a permit zone by mistake
• Incorrectly displaying a dual-registration or transferable parking permit
• No one objected to me parking there
• It is my driveway, and I am not obstructing the footpath
• I have always parked on the nature strip
• I parked my car on the nature strip so people could see that my car was for sale
• Being unaware that the act that resulted in the infringement is a parking offence
• First offence, “clear driving record”

• Financial hardship of itself is not grounds for an infringement notice to be withdrawn. If you are experiencing financial difficulties or if the payment of this fine as a lump sum may cause you financial hardship, it is suggested that you consider the option of an Extension of Time or Payment Plan
• Forgetting to register or renew an animal's registration
• Not being able to recall receiving your animal renewal
• Being unaware that animal registration was required
• Being told by a third party that you did not have to register your animal
• Your property was inadequately secured, and your animal escaped
• Believing that because an animal is registered with a microchipping company, it is also registered with the Council
• It is your first offence

If the above categories do not apply to you, and you believe there is a good reason for your fine to be reviewed, submit your application, and we will review it.

The Infringements Act 2006 only allows one internal review of the infringement notice so please provide as much information as possible to support your submission.

Once we receive your request, the infringement will be put on hold.

In accordance with the Infringement Act 2006, an Infringement Review Officer will then assess your request and provide you with a written outcome within 90 days from date of receipt of your request. The time may be extended if the Council requires further information from you.

Each case will be reviewed on its own merits based on the information provided.

If you have applied for internal review on the ground(s) that:

• the decision to issue the infringement notice was contrary to law or
• the decision to issue the infringement notice involved a mistake of identity or
• the conduct should be excused having regard to any exceptional circumstances relating to the infringement offence, or
• your behaviour was affected by the special circumstances as defined by the Infringement Act 2006

Council may decide to:

• confirm the infringement notice and proceed with the matter
• withdraw the infringement notice and instead issue an official warning
• withdraw the infringement notice
• withdraw the infringement notice and refer the matter to the Court
• waive any penalty reminder notice fees related to the infringement notice
• suggest you apply for a payment plan for the payment of the infringement
• a combination of any of the above

If you have applied on the ground that you were unaware of the notice having been served and service of the notice was not by personal service, Council may decide to:

• Grant the application if satisfied that, more than 14 days before the applicant applied for internal review, the applicant was not aware that the infringement notice had been served or
• Refuse the application if not satisfied that, more than 14 days before the applicant applied for internal review, the applicant was not aware that the infringement notice had been served.

An application for review made under this ground will not result in an infringement notice being withdrawn but may result in the removal of penalty reminder notice fee.

The Council may request further information from you to reach a decision.

You must provide the additional information within 14 days of receiving the request.  If you require additional time to obtain the requested information, you can make a request in writing to the Council for an extension of time.

If you do not respond to the Council’s request, your application will be determined without further information.

Yes, they can, however section 3 of the ‘Internal Review of an Infringement’ application form must be completed and signed by you so the person assisting you can act on your behalf.

Your remaining options will be explained in the outcome letter we send you. As the legislation only allows you to make one application for review, we will not consider further correspondence regarding a fine already being reviewed unless you provide new evidence that we have requested.

If you do not pay the fine or take any other action (for example, request a payment extension or elect to have the matter heard in court) by the new due date, the fine will continue through the infringement process, and you will incur additional costs. This process is set out in the Infringements Act 2006.

If you are unable to make payment in full before the due date, we may be able to provide you with some alternative payment options, such as a payment plan. Read about the payment options and eligibility requirements.

Fines do not just go away. Ignoring a fine will become more serious and costly as it escalates to Fines Victoria.

• If you elect to go to Court, you cannot request an Internal Review of the infringement notice, or
• If you elect to go to Court after applying for an Internal Review, your application for an Internal Review will no longer be considered, or
• You may elect to go to Court if you wish to contest the matter after your application for an Internal Review has been decided.

Please be aware that electing to go to Court may incur additional costs. Legal advice should be considered before making an application.