Appealing an Infringement

If you believe you should not have received an infringement notice, you may apply to Council for an internal review (or appeal).

The grounds for your appeal may be:

  • The infringement notice was issued 'contrary to law' as you believe you did not commit an offence.
  • ‘Exceptional circumstances’ (verifiable and unforeseen circumstances outside of your control) which could excuse the conduct for which the infringement notice was issued.
  • There was ‘mistake of identity’ in that the infringement notice was issued to the incorrect person.
  • You have ‘special circumstances'  which resulted in you being unable to either understand or control the conduct that led to the offence. ‘Special circumstances’ are considered to be:

Refer to Special_Circumstances_Guide_For_Applicants.pdf for more information.

To appeal an infringement notice, you must write to Council outlining the reasons for your appeal. Include your name, postal address, infringement number and any supporting documentation relevant to your appeal. If another person is writing for you, ensure that you include written authorisation for this person to act on your behalf.

You may submit your appeal:

Infringement Appeals
Hume City Council
PO Box 119
Dallas VIC 3047

In accordance with the Infringements Act 2006, you are entitled to only one review of an infringement notice.

Appealing a Parking Infringement

To appeal a parking infringement, write to:

Hume City Council
GPO Box 425
Melbourne VIC 3001

or email Traffic_inquiries@tenixsolutions.com

An appeal can only be accepted from the registered owner of the vehicle, unless the registered owner:

  • Submits an authorisation for another person to act on their behalf
  • Completes a driver nomination statement, in which case the driver of the vehicle can appeal the infringement.

If you were not the driver of the vehicle at the time of the parking offence, please fill in a Nomination Statement.pdf. This statement can also be completed and returned if you want the matter to be heard in a Magistrates Court.

Grounds for an appeal that will not considered

The following grounds for appeal are not considered valid reasons for withdrawing an infringement notice:

  • Being new to, or unfamiliar with, Hume City Council
  • Not being aware of the legislation
  • Not receiving a warning letter or notice before the infringement
  • Appointments or meetings running overtime
  • Not seeing a parking sign 

How is the appeal conducted?

Once your appeal has been received, your infringement will be placed on hold and a review of your infringement will be undertaken by an independent ‘review panel’ from the Infringement Management Unit. 

The review will consider:

  • The information collected by the issuing officer
  • The circumstances outlined in your appeal, and any supporting documentation provided
  • Council policy or guidelines relevant to the offence
  • Requirements under the relevant legislation

You will be notified of the outcome of the appeal in writing within approx. 10 working days.  However if additional information is needed, this process can take much longer.

If your appeal is unsuccessful, a new due date will be provided.

 

What happens next?

In accordance with the Infringements Act 2006, you are entitled to only one review of an infringement notice.

When deciding on a review, Council may:

  • Confirm the decision to issue the infringement notice
  • Withdraw the infringement notice and issue an Official Warning
  • Withdraw the infringement notice and take no further action
  • Withdraw the infringement notice and refer the matter to the Magistrates Court

If your appeal is unsuccessful, and payment is not received by the new due date, the infringement will proceed and additional costs may be incurred unless you take alternative action.

There are several options available to you that you may wish to consider:

  • Make payment in full
  • Apply for a payment plan.  A payment plan may be either an extension of time to pay or an instalment plan.  This request must be submitted to Council in writing
  • Elect to have the matter heard in the Magistrates Court.  This request must be submitted to Council in writing.  Please note additional costs may be incurred if the matter is referred to Court.

If you choose to take no action, the infringement will proceed through the following steps:

Step 1 - Initial Infringement Notice  During this phase you have the option of paying the penalty amount, appealing the infringement, applying for a payment plan or requesting Court action.

Step 2 - Penalty Reminder Notice:     If you do not respond or pay your infringement notice by the due date, a Penalty Reminder Notice will be issued with additional costs added. During this phase you have the option of paying the penalty amount, appealing the infringement, applying for a payment plan or requesting Court action.

Step 3 - Recovery action                   If you do not respond or pay your infringement notice by the due date, the infringement notice may be referred to Council’s Recovery team and additional costs will be added. During this phase you have the option of paying the penalty amount, appealing the infringement, applying for a payment plan or requesting Court action.

Step 4 - Magistrates Court:                If you do not respond to step 1, 2 or 3 the infringement will be lodged with the Magistrates Court and additional costs incurred. You will no longer have the option of appealing your infringement or requesting a payment plan, however you may pay the infringement in full including all costs before the Court date.

If you do not attend the Court on the date of mention, the matter will be heard in your absence. If you are ordered to pay the infringement, you will receive a Court Order advising you how much you need to pay.  Payment must be paid to the Court and if payment is not received, a warrant will be issued.


Updated : 12:02 PM, 6 July 2016

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