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Requesting a Review of Your Infringement Notice

Do You Have Grounds for Review?

By law, you can request only one internal review of your infringement, so it's important you get it right.

In order for your infringement notice to be withdrawn you must be able to satisfy one of the below Grounds for Review. In accordance with the Infringements Act 2006, all Applications for Internal Review must be made in writing, state the grounds on which the decision should be reviewed and provide your current address.

1. Special circumstances

Special circumstances apply if the person that received the parking fine was affected at the time of the offence by:

  • Homelessness
  • Family Violence (which results in the person being unable to control conduct which constitutes an offence)
  • A mental or intellectual condition, or a serious addiction to drugs or alcohol, that may mean they:
    • Didn’t understand that the behavior was against the law; or
    • Couldn’t control the behavior that was against the law

Please note: To substantiate a claim of ‘Special circumstances’ we require evidence from a medical practitioner, social worker or drug and alcohol counsellor linking your circumstances to the infringement offence.

2. Contrary to law

This means that you believe no parking offence took place. For example, you may believe that timed parking restrictions do not apply to the area that you parked in.

Please note: To substantiate a claim of ‘Contrary to law’ we may require to provide additional evidence.

3. Exceptional circumstances

Exceptional circumstances are events that were unforeseeable, for example:

  • a medical emergency
  • temporarily parking a damaged vehicle, directly following involvement in an accident
  • mechanical breakdown

Please note: To substantiate a claim of ‘Exceptional circumstances’ we require documentation that supports the exceptional circumstance, including its time and date.

4. Mistake of identity

This means that either you weren’t the driver who committed the parking offence (the car was stolen or driven by someone else), or your registration number was recorded incorrectly.

Please note:

  • If committed by another driver, complete the Nomination statement
  • If the wrong registration number was recorded, provide a copy of your car registration certificate
  • If your car was stolen, provide a copy of the police report

5. Person unaware

This means that you were not aware that you had an infringement notice. You must make an appeal within 14 days of becoming aware of the infringement notice. You are not entitled to apply for appeal under this ground if you have moved address and not notified VicRoads within 14 days of change of address.
The Council will not withdraw your infringement under this ground and will only consider waiving additional costs as may be warranted.

Please note: You must provide evidence to support your claim that you were unaware.

Circumstances we won’t consider

Parking Infringements:

  • Not seeing or misreading a parking sign.
  • Being new to or unfamiliar with the City of Knox or a particular Road Rule.
  • Being delayed at an appointment, meeting or being in a hurry.
  • Finding nowhere else to park.
  • Moving your vehicle from one parking space directly to another between the same parking signs.
  • Parking for a very short time.
  • Not displaying a valid parking permit.
  • A parking permit displayed incorrectly (e.g. facedown or blown off the dashboard)
  • Leaving the vehicle because you, or a passenger, needed to use the toilet.
  • Leaving the vehicle to get change or running out of change.
  • Stopping to let a passenger in or out, or to make a quick delivery.
  • 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 require repair/towing
  • Being unaware of which vehicles can use Loading Zones or Permit Zones
  • Incorrectly displaying a dual-registration or transferable parking permit

Animal Infringements:

  • Forgetting to register or renew an animal's registration
  • You do not recall receiving your animal renewal
  • Being unaware that animal registration was required
  • Your property was inadequately secured and your animal escaped
  • Believing that because an animal was registered with a microchipping company you believed that it was registered with Council.

View your parking fine online

Before applying for a review, you can view your parking infringement details and any photos taken online.

View your parking fine

How to apply for a review of your fine

All requests for review must be made in writing and are to include the following information:

  • Your name and address (we will respond in writing to the address provided). If providing a P.O. Box a residential address will also be required.
  • The infringement notice number
  • The vehicle registration number (where applicable)
  • An explanation of why you believe the infringement notice should be reviewed
  • Any supporting documentation

Reviews can be submitted to Council by one of the below methods:

Online:

Review a parking fine

Review all other types of fines


Post / In Person / Email:
Complete the form Application for review of infringement with accompanying letter and documentation in support of your circumstances to Council's Infringements and Compliance Officer, requesting that the infringement notice be reviewed.

Address:
Attention to - Infringements and Compliance Officer
511 Burwood Highway
Wantirna South VIC 3152

Email: knoxcc@knox.vic.gov.au


Please note that the Mayor and Councillors are unable to have any involvement in Council’s administrative functions, and are therefore unable to respond to requests for review of infringement notices. Please direct all requests for internal review to the Infringements and Compliance officer team using the above address.

What happens next?

The internal review process can take up to 90 days and you will receive a written response by mail to your postal address advising you of the outcome. Whilst the review process is underway, the infringement will be placed on hold until an outcome has been decided.

If insufficient information is provided, we may contact you for additional details before reviewing your infringement notice. If this information is not received by the specified date, a decision will be made based on the information at hand.

Should the infringement be upheld, you will be advised of a new payment date.

If you do not pay an infringement notice or take any other action (for example, request a payment extension or elect to go to court) by the new due date, the matter will be referred to the Magistrates' Court or Fines Victoria for further enforcement and you will incur additional costs.

Having the matter heard at court

If your review was unsuccesul then you may elect to have your matter dealt with in the Magistrates' Court. You can advise Council in writing by completing the applicable sections of the Nomination statement and forward to Council by one of the above listed methods.

Please note that additional costs may be incurred if the matter is referred to court.

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