Fines and infringements

You can apply under this ground if you believe that the decision to fine you was inconsistent with the law.

For example, you may think that the officer who issued the fine acted unlawfully, improperly or outside their authority or that the fine does not comply with the legal requirements of an infringement notice.

You can request a review under this ground if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim.

For example, perhaps someone provided your licence or gave your details to us, or you have the same name as another person or family member and the wrong person received the fine.

You cannot request a review under this ground if someone else was driving your vehicle. Failing to nominate the responsible person is not a valid reason to apply for mistake of identity.

You should only select this ground if you can show that the offence occurred due to circumstances that were out-of-the-ordinary, unavoidable, or exceptional, such such as a medical emergency or a vehicle breakdown.

Special circumstances may apply if you have serious personal issues, disorders or difficulties that have had a serious impact.

These circumstances are very specific. You should only select this ground if you committed the offence and can show that at the time of the offence 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, even if those circumstances did not 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, go to 'Making a special circumstances application' section on this page.

You must show a link between your special circumstances and your offending behaviour.

If you have a mental illness, intellectual disability, or a serious substance addiction, you need to provide evidence of how this reduced your capacity to:

• understand your behaviour was against the law, or
• control your behaviour (even if you knew it was against the law).

If you are homeless or a victim of family violence, you need to provide evidence of how this reduced your capacity to control your behaviour (even if you knew it was against the law).

If you are not able to deal with your fine due to severe disabling long-term circumstances, you need to provide evidence that your circumstances:

• are long term and severe, disabling or incapacitating
• relate mostly to issues other than financial hardship
• make it impracticable or unfeasible for you to deal with your fine by paying in full or paying in instalments.

Examples include:

• having long-term involuntary mental health care
• living with severe physical or intellectual disability.

Who can prepare your supporting evidence?

You must provide evidence from a practitioner or agency who is familiar with your circumstances. Depending on your circumstances, this may be your:

• doctor or medical specialist
• psychiatrist or psychologist
• social worker or case worker
• accredited drug treatment agency or drug counsellor
• financial counsellor
• recognised health, support or welfare agency (for example, the Salvation Army).

Evidence may include, reports, letters, statements, submissions, statutory declarations, police reports and family violence safety notices.

What is required in your report?

Your practitioner or agency report should include:

• your practitioner's qualifications
• your practitioner's relationship with you and how long they have known you
• an explanation of your circumstances, including its nature, severity, duration, and impact on your life
• the link between your circumstances and your offending behaviour.

In the case of severe, disabling long-term circumstances, the report should also include information on the link between your circumstances and your inability to deal with the fine.

We may ask you for more information to help determine your application.

Your evidence should be signed and dated within 12 months of the date of your application. You can provide evidence that is older than 12 months if it relates to a permanent condition, such as an intellectual disability.

'Special Circumstances' are defined in Section 3A of the Infringements Act 2006.

See the Infringements Act 2006 for more information about the law relating fines.

Evidence to support your claims should be provided with your application.
 Supporting evidence can include, but is not limited to:

• medical reports
• bank statements
• hospital admissions documentation
• police statements or reports (including mail theft reports made to Victoria Police or Australia Post)
• travel documentation (for example, copies of flight itineraries, date-stamped passports, boarding passes, or a international movement records)
• removalist's invoice
• tow truck driver's or mechanic's invoices
• identification documents (for example, driver's licence, birth certificate)
• Motor Vehicle Transfer documents or other proof of sale of a motor vehicle.

Please provide as much information and supporting documentation as you can, as this will help the decision makers. You can only request one internal review for each infringement.

It is important that you provide your most current address and contact details so we can contact you about your application if required.

After you have completed and submitted your application, your fine will be placed on hold and no further fees will be added. 

 An Appeals Officer will review your request within 90 days of receiving your application. Your application for internal review will be assessed based on the information and evidence provided to support your claims. 

It may take longer if you are asked to provide additional 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.

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
• refer the matter to the Magistrates' Court
• approve a payment arrangement
• waive or vary any additional fees
• confirm its decision to issue you with the fine.

If the application is not successful, you will receive a notice by mail to confirm:

• the Appeals Officer’s decision
• how much you need to pay
• when you need to pay it by
• any other options available to you.

If your application is not successful, you can apply to have your matter heard in the Magistrates' Court . This gives you (or your representative) a chance to present your evidence in front of a magistrate who will make a decision about your matter.

See the Fines Victoria website for more information about having the matter heard in court.

In considering whether to withdraw a parking fine, we will not consider the following:

• being new to the City of Whittlesea
• being stopped in a prohibited area for a short time
• having an appointment or meeting running overtime
• misreading or not understanding a sign 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 or disabled parking permit
• being your first time receiving an infringement.

You can only request one appeal, according to the Infringements Act 2006.

If you have applied for an appeal but have not received a response within 90 days, please call us on 03 9217 2170.

It can take up to 90 days to review your infringement notice as per the Infringement Regulations 2019. If you have already submitted an appeal, your notice will have been placed ‘on hold’ and you do not need to take further action until you receive our response.

Request an infringement appeal

When undertaking a review, we take into account all of the available information, including:

• information collected by the issuing officer
• circumstances outlined by you in your request for internal review (and in any supporting documents supplied)
• requirements under the relevant legislation (for example, Road Safety Road Rules 2009, Environment Protection Act 1970 or Infringements Act 2006).

• If you submitted your appeal online, you will receive an acknowledgement stating your infringement is now on hold.
• If you submitted your appeal by email/paper application, you will receive an acknowledgement letter in the mail.
• If you provide insufficient information or we require further information, we may contact you in writing asking for more details before reviewing your infringement notice. If we don't receive this information by the specified date, we will make a decision based on the initial information at hand.
• If the infringement is confirmed, we will advise you of a new payment due date.
• If you don't pay the infringement notice, request a payment arrangement or elect to go to court by the new due date, you may incur further costs in late fees.
• If you take no action, our collection process will continue. This matter may be referred to Fines Victoria or the Magistrates Court. If so, additional costs may be incurred.

Here are the possible outcomes available in relation to your appeal. We may:

• confirm the decision to serve the Infringement Notice
• withdraw the Infringement Notice and convert to an Official Warning
• withdraw the Infringement Notice
• withdraw the Infringement Notice and refer the matter to the Magistrates’ Court under Section 17 of the Infringements Act 2006
• waive any prescribed additional costs
• approve a payment plan or extension of time for payment.

Parking Infringement Notices are issued directly to the registered owner of the vehicle. We obtain owner details are direct from VicRoads Vehicle Registration Database.

The registered vehicle owner is responsible for all parking infringements issued to their vehicle. You do not lose demerit points for parking infringements.

If you were not the driver at the time of a parking offence, you can nominate the responsible driver. This transfers the liability of the infringement to them.

Please note: you cannot sign a nomination statement where you have been nominated. If you are the director of a company and you wish to nominate yourself for a company vehicle, please have an administration or fleet officer complete the nomination form. If another staff member cannot sign the nomination statement, you will need to provide proof you are the Director of the company in order to accept the nomination form (ASIC's record).

Submit a Nomination Application form

If you have received an Infringement Notice, you can decide have a matter heard at the Magistrates’ Court.

If you disagree with the outcome of our internal review, you also have the option to have the matter heard at the Magistrates’ Court.

If you want to pursue this option, complete the online court request form. There may be a lengthy delay in obtaining a court date as this is determined by the availability of the Magistrates' Court.

A lawyer can act on your behalf, or on the behalf of the company named on the Infringement Notice. Ensure a letter of consent is provided.

Please note that we incur costs if you elect to go to court. We will seek to recover these costs, providing the court finds the matter proven.

Are you the owner/company listed on the notice?

Before you submit your court request, you must ensure you are the registered owner or person/company listed on the infringement notice.

If you were the driver and haven’t been formally nominated, the registered owner of the vehicle must complete the online nomination application. Once you have been nominated, the Infringement Notice will be re-issued in your name and you will receive the infringement. You can then take action to resolve your fine (such as requesting a review, or electing to go to court).

Submit a Court Request form

Accessibility parking bays are located across the municipality to provide easier access for people with a physical or intellectual disability or injury.

It is an offence for any vehicle to be parked in an accessibility parking bay without a valid Accessibility Parking Permit clearly displayed.

Parents with Prams bays are provided by some shopping centres to assist parents with young children to easily access the centre. No permit is required to park in these bays. These bays are provided as a courtesy and it is not an offence for a vehicle to inappropriately park in a Parents with Prams bay.

It is illegal to park any part of a vehicle on a nature strip.

• Vehicles parked on nature strips obstruct the view of drivers and pedestrians entering and exiting driveways.
• They can cause damage to utility connections and tree roots under the nature strip and prevent access to these utilities.
• Cars on nature strips are detrimental to the look of the area.

It is illegal to stop in a No Stopping area for any length of time.

• No Stopping signs are installed throughout the municipality to maximise community safety.
• Dropping off or picking up is not permitted in these areas. 
• It is important that these areas are clear at all times.

In Australia, vehicles drive on the left-hand side of the road and, as such, vehicles must also be parked on the left, facing the direction of travel.

By parking on the opposite side of the road, vehicles will need to go on to the wrong side of the road when they move away from the parking spot.

No Parking signs are placed in locations where there is a need for short-term dropping off of passengers or goods. A vehicle is considering offending if a driver moves more than three metres from the closest point of the vehicle or the vehicle remains stationary for longer than two minutes.

For the safety of children and other pedestrians, it is illegal to stop a vehicle within 20 metres before and 10 metres after a school zone crossing.

School zone crossings usually have school crossing flags displayed during operating times.

It is illegal to park any vehicle within 10 metres before or after an intersection unless a sign states otherwise.

Vehicles parked within 10 metres of an intersection obstruct the view of drivers entering and exiting the intersection.

Loading Zones are to assist delivery drivers and couriers to service local businesses.

• Only commercially registered vehicles or vehicles with appropriate permanent fixed signage (refer to Road Safety Road Rules 2017 for what is needed to meet signage requirements) are permitted to stop in a Loading Zone.
• Any non-commercial vehicle or vehicle without appropriate permanent signage cannot stop in a Loading Zone for any length of time.

A driver must not stop in a bus zone unless they are driving a public bus.

Taxis, Ubers or any other ride-sharing vehicles are not permitted to stop in a bus zone for any length of time.

A driver is not permitted to stop in a permit zone for any length of time, unless the vehicle displays a current permit that has been issued for use in that area by us. Disability permits are not valid in permit zones.

It is illegal to park within three metres of a solid white dividing line. Solid white lines are often installed near corners and bends in the road to ensure these areas are kept clear, so a driver’s sight is not obstructed. 

Double parking is when a vehicle parks in a position where another vehicle is already stopped in the space between the driver’s vehicle and the curb. This is illegal as the driver’s vehicle is obstructing the flow of traffic on the road. 

Only registered taxis may stop in a Taxi Zone. Any vehicle that is not a registered taxi cannot stop in a Taxi Zone, regardless of whether they are dropping off or picking up passengers. Uber and other ride sharing vehicles are not permitted to stop in Taxi Zones.

Yellow edge lines are installed in locations throughout the municipality where it is not practical for a No Stopping sign to be installed. Yellow edge lines should be treated the same as a No Stopping sign in that a vehicle cannot stop, for any length of time, at that location. 

It is illegal for any part of a vehicle to be stopped on a footpath.

This includes if a vehicle is partially blocking the footpath while protruding from a driveway or part of the vehicle is on the nature strip.

Footpaths must be kept completely clear at all times. 

 Vehicles must be parked parallel to the far left of two-way road. This means vehicles cannot be parked so that they are protruding into the road.

This also applied to vehicles parking in courts where there is a bowl at the end of the street.

Vehicles must not be parked at right angles to the curb; they must be parallel with the two left-hand side tyres next to the curb.

Not parked completely within a parking bay

Where marked parking bays are present, drivers must ensure the whole of their vehicle is parked within a bay.

Where a vehicle is larger than a single parking bay, the driver may park using the minimum number of bays required.

Where a green timed parking sign has been erected, a vehicle must not be parked for longer than the time indicated on the sign.

Holders of a valid disability permit are entitled to double the time indicated on a green timed parking sign when the permit is clearly displayed.

A driver of a heavy or long vehicle must not stop on a length of road in a built-up area for longer than one hour.

• Heavy vehicles are any vehicles registered with a GVM of greater than 4.5 tonnes.
• A long vehicle is any vehicle that is 7.5 metres or longer. This may include a vehicle with a trailer attached.

Unregistered or abandoned vehicles must not be left in any public place according to the City of Whittlesea General Municipal Law.

To do so may result in the vehicle being towed, impounded or disposed of.

In accordance with the City of Whittlesea General Municipal Law, it is illegal for any vehicle to display advertising for the sale of that vehicle in a public place.

If you do not take action or pay your fine before the due date, we will send you a penalty reminder notice, additional costs will be incurred.

At this point you may also request an internal review, or elect for the matter to be heard at the Magistrates' Court, or request for a payment arrangement. 

 If you do not take action or pay your fine before the due date on the penalty reminder notice, our collection process will continue. You may receive a Final Notice, or the fine may be referred to Fines Victoria or the Magistrates' Court.

If you do not respond to Step 1 or 2, we will lodge the matter with Fines Victoria or the Magistrates' Court.

Fines Victoria

If the matter is referred to Fines Victoria you will receive correspondence directly from this Agency. You can contact them direct on 1300 735 124.

This escalation process is set out in infringements legislation. The Fines Victoria website also explains what happens to unpaid fines.

Magistrates' Court

If the matter is referred to the Magistrates' Court, you will receive a Hearing Notice which will specify the time, date and location of the court to attend.

If you don’t attend, the matter may proceed in your absence.

You will receive correspondence from the Court once the matter has been finalised.