Infringements

Overdue fines

If you do not pay your infringement by the due date, the following will occur:

1. Penalty Reminder Notice

If you do not respond or pay your fine before the specified due date, you will be sent a Penalty Reminder Notice. Additional costs will be incurred at this time.

2. Fines Victoria

If you do not respond to the Penalty Reminder Notice, Council will lodge the matter with Fines Victoria. You will receive a Notice of Final Demand and will incur additional costs.

3. Sheriff’s Warrant

If you don’t respond to the Notice of Final Demand, an Enforcement Warrant will be issued with further costs. If you still do not comply, another cost to execute the warrant will be added. A warrant gives the Sheriff power to demand payment of the fine and all costs, or to take your possessions as security. If you do not pay within seven days, your possessions can be sold or you could be imprisoned. You may elect to have the matter heard in an open court hearing at the Magistrates Court. Such a request must be received in writing.

The information contained on this page is intended as a general guide only. It is not intended to be, and should not be relied on as a substitute for professional legal advice.

 

Appeal a parking fine or let us know you weren't driving

All applications to review parking infringements must be received by Nillumbik Shire Council before the due date on the infringement notice. This must be done in writing or online, we do not accept appeals over the phone.

To appeal a parking fine, you must identify the grounds for your internal review.

Below are some common reasons that drivers have for requesting a review. Select the most appropriate scenario to see if we consider your circumstances and what information you need to provide.

It was my first time - can I get a warning?

We will not withdraw a fine for this reason.

Your ‘good character’ or clear record will not be considered by the reviewing officer.

Pay my parking fine

I misread/didn't understand the sign

We will not withdraw a fine for this reason.

It is the responsibility of the driver to locate the sign that applies to them and comply with the conditions outlined on it.

Continuing to request a review on these grounds is highly unlikely to result in a successful outcome.

Pay my parking fine

I was running late or delayed at a meeting/work

We will not withdraw a fine for this reason.

We encourage all drivers to allow for delays when choosing a parking area ensuring to read the restrictions prior to leaving the car. 

Pay my parking fine

I only stopped for a short time in a prohibited area

We will not withdraw a fine for this reason.

'No stopping' signs indicates that a vehicles must not stop in the area for any reason, or any length of time, even with hazard lights on, or with occupants in the vehicle.

Pay my parking fine

I am experiencing financial difficulty

We will not withdraw a fine for this reason. However, you can apply for an extension of time to pay your fine.

I was dealing with a medical emergency

If a medical emergency occurred, we require an official letter from your hospital or doctor confirming that you were involved in an emergency at the time of the fine, and how this prevented you from parking legally.

If you believe your circumstance meets this criteria, continue to request an internal review.

Otherwise, continue to pay my parking fine.

I didn't display a valid parking permit for people with disabilities

Are you the permit holder?

We will only consider withdrawing this fine if you were the driver and your permit had recently expired or was not correctly displayed. Please submit a copy of the permit used on the day or renewed permit if applicable.

Continue to request an internal review.

Were you driving the permit holder?

We do not withdraw where a driver was transporting the permit holder; drivers are responsible for the correct use and display of a valid permit.

*A Double Time permit does not permit the permit holder to park in a designated Accessibility Parking bay, A Double Time permit allows the permit holder, as the driver or passenger, to park in a standard parking bay for double the time on the parking sign.

Pay my parking fine

My car broke down

We expect you to take action straight away if your car breaks down. Our municipality is a busy area and we need to ensure all spaces are available as quickly as possible.

We will not consider cases where there has been an unnecessary delay in making repair or towing arrangements.

If your car broke down, you’ll need to supply a:

  • Letter from a roadside assistance provider (showing the car registration, date, time and location of where it was repaired), or
  • Mechanics invoice (detailing the work performed, date and time), or
  • Receipt/invoice if the vehicle was towed (indicating the car registration, date, time and location it was towed from).

This must be on letterhead. Please note that we do check the details with the provider.

Providing false or misleading documents is illegal. This may lead to prosecution.

If you believe your circumstance meets this criteria, continue to request an internal review.

Otherwise, continue to pay your parking fine.

There were special circumstances that need to be considered

The Infringements Act 2006 outlines special circumstances available when requesting an internal review of your fine.

Special circumstances refer to:

  • A person with mental or intellectual disability, disorder, disease or illness, a serious addiction to drugs or alcohol which results in a person being unable to understand the offending conduct or unable to control the conduct
  • Homelessness, where the homelessness results in the person being unable to control the offending conduct
  • Family violence

If you select this ground of review, you must include official letters of support or other documentation from treatment providers such as medical practitioners, social workers or drug and alcohol counsellors

If you believe your circumstance meets this criteria, continue to request an internal review.

Otherwise, continue to pay my parking fine.

I don't believe a parking offence occurred

We encourage you to check all infringement details and photographs.

If you still believe that a parking offence did not occur, you can continue to request an internal review.

Otherwise, continue to pay your parking fine.

I was not the driver of the car

If someone else was driving your car, you are not the owner of the vehicle or you were driving a company registered vehicle you can nominate another person by completing the Operator Owner Onus Form.

You are still required to complete the Operator Owner Onus Form by the due date of the infringement notice. 

If you nominate the person responsible for the vehicle at the time, a new infringement notice will be issued to that person.

Please ensure you complete the Operator Onus Owner form and return it to Nillumbik Shire Council, PO Box 476, Greensborough Vic 3088 or email to nillumbik@nillumbik.vic.gov.au

Download the Operator Owner Onus Form(PDF, 41KB)

A different reason

If the above categories don’t apply to you, but you believe there’s a good reason for your fine to be reviewed, you can request a review.

Make sure you provide all the details as well as any supporting documents from third parties - by law you only get one chance to request a review. You need to provide all of the relevant information up front to help us make a decision.

Your infringement is unlikely to be successful for appeal for any other reasons outlined above.

Continue to request an internal review.

Otherwise, continue to pay your parking fine.

   

 

Request an internal review

If you have received an infringement but believe there is a reason why you should not have to pay the infringement, you can apply to Council to have the decision to issue the notice reviewed.

Only one internal review may be considered for each infringement. Make sure you provide all the details as well as any supporting documents from third parties because by law you only get one chance to request a review. You need to provide all of the relevant information up front to help us make a decision.

Timeframes

You can submit an application for internal review any time up until:

  • the infringement due date
  • the offence is registered with Fines Victoria

Relevant grounds for review

In order for an internal review to be considered, you must apply based on one of the following six categories:

1. Exceptional circumstances

You must provide details of the exceptional circumstances (where you have committed the offence due to unforeseen or unpreventable circumstances, e.g. medical emergencies).

2. Contrary to law

You must provide the reasons why you consider the decision to issue you with an Infringement was unlawful (e.g. the Infringement was not valid).

3. Special circumstances

Special circumstances includes:

  • a mental or intellectual disability, disorder, disease or illness
  • a serious addiction to drugs, alcohol or volatile substance
  • homelessness, or
  • family violence within the meaning of the Family Violence Protection Act 2008.

You must provide evidence (e.g. letter, report, statement) from one of the following parties to support you application:

  • a case worker, case manager or social worker
  • a general practitioner, psychiatrist or psychologist, or
  • an accredited drug treatment agency.

Evidence (e.g. letter, statement or a report) from practitioner or case work should include the following information:

  • the practitioner/case worker’s qualification and relationship with you, including the period of engagement
  • the nature, severity and duration of your condition or your circumstances:
    • a) whether you were suffering from the relevant condition or circumstances at the time the offence was committed, and
    • b) whether, in the opinion of the practitioner/case worker, it is more likely than not that your condition/ circumstances resulted in your inability to understand or control the conduct constituting the offence.

The practitioner or agency report must show that because of your condition/situation you could not understand or control constituting the offence.

4. Mistaken identity

You must provide an explanation of why you rely on the ground of mistake of identity (including evidence e.g. copy of your driver’s licence, in support).

5. Person unaware of fine

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 evidence the date that you became aware of the infringement notice by executing a statutory declaration)
  • state the grounds on which the decision should be reviewed, and
  • provide your current address for service. 

6. Penalty reminder notice fee waiver request

You must provide the reason(s) why you believe the Penalty Reminder Notice Fee should be waived. Note: The original penalty amount is still applicable under this request.

 

 

Reasons that are not valid

Below is a list of common scenarios that Council do not consider a reason to withdraw the fine, particularly for parking fines:

  • Being unaware of, not understanding, or believing you are exempt from the rules
  • Being new to the area of Nillumbik
  • Appointments or meetings running overtime when you are parked in a prohibited area (eg medical appointments running late)
  • Misreading or not understanding 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/disabled parking permit
  • Being your first time

Review conditions

An application for Internal Review of the decision to issue an infringement notice may only be made once for this infringement offence. The decision once made, is final.

If you do not provide sufficient information the Council may delay its decision while it requests further information. If you do not provide that further information within 14 days of the service of the request, the Council must then by law decide your application without that further information. So, it is important for you to provide as much information and photocopies of relevant documents as possible with your initial application.

If you have elected to go to court, the Council must decline to conduct an Internal Review. If you elect to go to court before the decision of an Internal Review is made the review process is terminated as at the date of your election to go to Court.

The Council will post a notice of its decision about the Internal Review to you. Our reply will be posted to the address that has been written on the front page of this form. Our reply should be received within 14 days.

If your request is not approved

If you are not satisfied with the outcome of your review, you can contest the matter further by requesting the matter be heard in the Magistrate’s Court.

How to apply

Complete the online form and attach any relevant documentation

Request an internal review of an infringement

 

Payment extensions

If you are having difficultly paying your infringement by the due date, you can request a payment extension by completing the online form.

Please note this request must be submitted before the due date as it appears on the infringement notice.

Request an infringement payment extension

 

Lost or misplaced infringement notices

If you have misplaced your infringement notice, please contact us to request a replacement.

Nillumbik Shire Council
nillumbik@nillumbik.vic.gov.au
03 9433 3111