If you believe you should not have received an infringement, you may apply to Council for a review (or appeal).
The grounds for your appeal may be:
- Contrary to law: you believe the infringement notice is invalid or you did not commit an offence.
- Exceptional circumstances: there are verifiable and unforeseen circumstances that are outside of your control which could excuse the conduct for which the infringement notice was issued.
- Mistake of identity: you believe the infringement has been issued to the incorrect person, vehicle or company.
- Person unaware: you were unaware of the infringement notice being issued and are seeking to have the additional costs withdrawn. The original penalty amount will still need to be paid. To apply for a review on this ground, you must submit your application within 14 days of becoming aware of the infringement. You should include evidence showing why you were unaware of the infringement. This may include documentation to show you were overseas or that you recently moved house, or a police report to show your mail was stolen.
- Special circumstances: you were unable to either understand or control the conduct that led to the offence due to:
- A mental or intellectual disability, disorder, disease or illness.
- A serious addiction to drugs, alcohol or a volatile substance.
- Homelessness.
- Family violence.
How do I appeal an infringement?
To appeal an infringement notice:
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.
Submit your appeal:
Submit an appeal online
- Post: Hume City Council Parking Infringements
GPO Box 425
Melbourne Vic 3001
In accordance with the Infringements Act 2006, you are entitled to only one review of an infringement notice.
All applications for review of a parking infringement notice are processed in the first instance by Council's contractor, Data Consultants Australia (DCA). DCA provides Council with administrative assistance in the infringement review process. The review decision is made by a Council staff member in accordance with the requirements of the Infringements Act 2006.
Special circumstances
If you had a mental or intellectual condition or illness, were homeless, experiencing family violence or had a serious drug or alcohol addiction at the time of the offence, you may be able to apply to have the infringement reviewed under special circumstances.
Special circumstances may apply to you if, at the time of the offence:
- you had a mental or intellectual disability, disorder, disease or illness, or a serious drug or alcohol addiction, that meant you either:
- didn't understand the behaviour was against the law
- couldn't control the behaviour that was against the law
- you were homeless and your homelessness meant you couldn't control the behaviour that was against the law
- you were the victim of family violence and that meant you couldn't control the behaviour that was against the law.
Supporting documentation from a relevant practitioner will need to be provided to support your application. This supporting letter can be from one of the following:
- in the case of a mental or intellectual condition:
-
general practitioner
- psychologist, psychiatrist or psychiatric nurse.
- in the case of a serious addiction to drugs or alcohol:
- general practitioner
- psychologist or psychiatrist
- case manager (from a community or social work facility)
- accredited drug treatment agency
- drug counsellor.
- in the case of homelessness:
- general practitioner
- psychiatrist
- case worker or social worker
- health or community welfare service provider.
- in the case of family violence:
- medical practitioner
- Victoria Police
- family violence case worker or social worker
- health or community welfare service provider.
The documentation provided should include:
- details of the person providing the information including their name, position and qualifications
- the relationship the person has with you
- a submission about your condition or situation
- an assessment on whether you condition or situation resulted in your inability to understand or control the conduct constituting the offence.
Grounds for an appeal that will not be considered
The following are not considered valid reasons for withdrawing an infringement notice:
- Not being aware of the Road Rules
- Being new to, or unfamiliar with the area
- Being delayed at a meeting or appointment
- Not seeing or being able to read a parking sign
- Not noticing the sign
- Not noticing the sign had changed
- Poor visibility due to weather
- Stopping for a short time in a prohibited area, with the engine running
- Parking in a permit zone without a permit or parking in the wrong permit zone
- Being unable to leave work to move your vehicle.
How is the appeal reviewed?
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 department.
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.
What happens next?
When deciding on a review, Council may:
- uphold and confirm the decision to issue the infringement notice. In this case a new due date for payment will be provided.
- withdraw the infringement notice and take no further action
- withdraw the infringement notice and issue an Official Warning
- withdraw the infringement notice and refer the matter to the Magistrates Court.
You will be notified of the outcome of the appeal in writing by post within 10 working days. However, if additional information is needed, this process can take longer.