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Request an infringement notice review

By law, you can request one internal review of your infringement.

Grounds for review

In order for your infringement notice to be withdrawn, you must satisfy one of these grounds for review.

Special circumstances

Special circumstances apply if, at the time of the offence, you were affected by:

  • homelessness
  • family violence (which results in you 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 you:
    • didn’t understand that the behaviour was against the law
    • couldn’t control the behaviour that was against the law

Please note: To substantiate a claim of special circumstances Knox City Council need evidence that links your circumstances to the infringement notice from a:

  • medical practitioner
  • social worker
  • drug and alcohol counsellor.
Contrary to law

This means that you believe no 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 need you to provide additional evidence.

 

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 need documentation that supports the exceptional circumstance, including its time and date.

Mistaken identity

This means that either you weren’t the person who committed the offence. For example, you are not 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 you are claiming mistaken identity in relation to a parking offence, you will need to:

  • complete the nomination statement if the offence was committed by another driver
  • provide a copy of your car registration certificate if the wrong registration number was recorded, provide a copy of your car registration certificate
  • provide a copy of the police report if your car was stolen.
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 cannot appeal under this ground if you have moved address and not notified VicRoads within 14 days of your change of address.

We will not withdraw your infringement under this ground. We will only consider waiving additional costs that may have been incurred.

Please note

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

Circumstances we won’t consider

There are some circumstances that we do not consider to be grounds for review for either parking or animal infringements.

These include:

For 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
  • being unable to find anywhere 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 (for example an expired permit)
  • displaying a parking permit 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 need repair or towing
  • being unaware of which vehicles can use Loading or Permit Zones
  • incorrectly displaying a dual-registration or transferable parking permit.
For animal infringements
  • forgetting to register or renew an animal's registration
  • not being able to recall receiving your animal renewal
  • being unaware that animal registration was required
  • being told by a third party that you did not have to register your animal
  • your property was inadequately secured and your animal escaped
  • believing that because an animal is registered with a microchipping company it is also registered with Council.

Apply for a review of your infringement

All requests for review must be made in writing and 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.
Submit your application

Online:


Post / In person:

Complete the Application for review of infringement form and submit with a letter and documentation in support of your circumstances to:

Infringements and Compliance Officer
511 Burwood Highway
Wantirna South VIC 3152

Please note

The Mayor and Councillors are unable to have any involvement in Council’s administrative functions and are unable to respond to requests for review of infringement notices.

 

What happens next

We will send a written response to your postal address advising you of the outcome.

The internal review process can take up to 90 days. The infringement will be placed on hold during the review process.

If you do not provide enough information, we may contact you for more details before reviewing your infringement notice. If we do not receive this information by the specified date, we will make a decision based on the information we have.

If the infringement is upheld, we will advise you 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 in court

If your review was unsuccessful, you may choose to have your matter dealt with in the Magistrates' Court.

You will need to let us know in writing by completing the relevant sections of the nomination statement and sending it to us in one of the methods listed above.

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

Need help?

Contact us and we will come back to you.

Or call our Customer Service team on 9298 8000.

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