Appealing a parking fine

Application for review of parking infringement

If you believe you have legal grounds for Council to review your fine, please complete the online application form below.

This application form should be used if you have received a parking infringement notice and wish to have Council's decision to issue the notice internally reviewed.

All applications for review must be made in writing and must be received by the City of Yarra before the due date on the infringement notice. Applications for an internal review cannot be made verbally. Additional information must be also be in writing. Parking regulations are created by Victorian legislation, apply state-wide and are enforced by Council parking officers. They are designed to maintain safety and ensure shared access to parking spaces in areas where there is high demand. All licensed motor vehicle drivers are expected to know the road rules that apply on Victorian roads and in carparks.

Am I eligible for a payment plan?

Council can issue you with a payment plan if you fit the criteria set out by the Attorney-General’s Guidelines.

Parking, the law and you

Parking, the law and you is an easy to understand guide that covers parking laws, fines and how to get help.

What is the offence described on the infringement notice?

Period Longer

In a Permit Zone

Fail to pay (expired meter/no valid ticket)

In a No Stopping Area

In a loading zone/Taxi Zone/Bus Zone

Other

What are the grounds I can appeal an infringement notice?

The Victorian Infringements Act 2006 provides four specific grounds for review. They are

Special Circumstances

Contrary to Law 

Exceptional Circumstances 

Mistake of Identity 

 

Period Longer

Time-limited parking occurs in areas where there is high demand for parking spaces. Time limits ensure busy areas remain accessible for all users. An over-stay of even a couple of minutes can result in a fine.

The following commonly presented reasons are not considered valid for the withdrawal of an infringement notice:

  • not seeing or misreading a sign
  • being delayed at a medical / business appointment or being in a hurry
  • not being familiar with the parking conditions
  • finding nowhere else to park
  • moving your vehicle directly from one parking space to another between the same parking signs
  • forgetting to move your car
  • parking for a very short time

Request a review of an infringement notice online or download and complete this pdf format Parking Infringements Internal Review Form (65.44 KB) and post the form to: Yarra City Council, PO Box 168, Richmond 3121 

 

In a Permit Zone

In areas where parking is limited Council has set aside parking areas for residents, or other designated groups. Parking without a permit can result in a fine.

The following commonly presented reasons are not considered valid for the withdrawal of an infringement notice:

  • not displaying a valid permit
  • being delayed at an appointment or being in a hurry
  • not being familiar with the parking conditions
  • not seeing or misreading a sign
  • finding nowhere else to park
  • parking for a very short time without a permit

 

Request a review of an infringement notice online or download and complete this pdf format Parking Infringements Internal Review Form (65.44 KB) and post the form to: Yarra City Council, PO Box 168, Richmond 3121 

Fail to pay (no valid ticket)

You are required to pay the parking as shown and display the ticket. The onus is on drivers to ensure they have sufficient money to cover the cost of parking and that the time paid for is sufficient. In the event of a faulty meter, the parking space must only be used for the time limit shown on the signs, or a fine can result. Please be aware that most off-street parking facilities have a number of machines, if one is broken you should purchase a ticket from a working machine.

The following commonly presented reasons are not considered valid for the withdrawal of an infringement notice:

  • believing that because the meter was broken there were no restrictions
  • leaving the vehicle because you, or a passenger, needed to use the toilet
  • assuming the meter was not working
  • being delayed at an appointment or being in a hurry
  • leaving the vehicle to get change or running out of change
  • making an error when using the meter
  • parking for a very short time without payment

Request a review of an infringement notice online or download and complete this pdf format Parking Infringements Internal Review Form (65.44 KB) and post the form to: Yarra City Council, PO Box 168, Richmond 3121 

In a No Stopping Area

"No Stopping" means no stopping at all. No stopping zones are placed in busy traffic and high pedestrian areas especially around schools to protect the safety of pedestrians and keep traffic moving. Stopping to let someone out, or into a car, regardless of whether you leave the engine running or stay in the vehicle, is not allowed.

The following commonly presented reasons are not considered valid for the withdrawal of an infringement notice:

  • stopping for a very short time
  • dropping children off late for school
  • stopping to let a passenger in or out for any reason such as bad weather
  • finding no room at the school pick-up/drop-off area
  • stopping to make a quick delivery or collection
  • stopping to answer your mobile phone

 Request a review of an infringement notice online or download and complete this pdf format Parking Infringements Internal Review Form (65.44 KB) and post the form to: Yarra City Council, PO Box 168, Richmond 3121 

In a Loading Zone/Taxi Zone/Bus Zone

Only authorised vehicles may stop in a zone marked for loading, taxis or busses and only when delivering or picking up goods, services or people. These vehicles include taxis, buses, trucks, vans, utes and other vehicles used for delivery that have permanent signs fixed to both sides of the vehicle. Magnetic signs are not permitted. If there is no time limit on the Loading Zone sign, 30 minutes is the maximum time that an authorised vehicle may park in a Loading Zone.

The following commonly presented reasons are not considered valid for the withdrawal of an infringement notice:

  • stopping a privately registered vehicle to drop off or pick up passengers or goods
  • finding nowhere else to park
  • stopping for a very short time
  • stopping to answer your mobile phone

Request a review of an infringement notice online or download and complete this pdf format Parking Infringements Internal Review Form (65.44 KB) and post the form to: Yarra City Council, PO Box 168, Richmond 3121 

Other

Not all parking restrictions are required to have signage displayed.

For example, a vehicle must not stop if it is:

  • double-parked
  • inside an intersection
  • across a lane or private driveway
  • on the wrong side of the road
  • on a footpath, reserve or naturestrip
  • in a bus or transit lane
  • obstructing the flow of traffic or leaves less than 3 metres of road clearance for traffic to pass
  • opposite a continuous solid white line, unless there is 3 metres of road clearance between your car and the line for traffic to pass
  • within 10 metres of an intersection

The following commonly presented reasons are not considered valid for the withdrawal of an infringement notice:

  • being a resident, ratepayer or local employee or business owner
  • not understanding or misreading the parking signs
  • being a first-time parking offender
  • not understanding or knowing about the parking restriction

Request a review of an infringement notice online or download and complete this pdf format Parking Infringements Internal Review Form (65.44 KB) and post the form to: Yarra City Council, PO Box 168, Richmond 3121 

Special Circumstances

Special circumstances apply where the parking offender is homeless, has a mental or intellectual disability, is addicted to drugs or alcohol, or suffers from a condition which results in the person being unable to understand the offending conduct, or unable to control the conduct. If you select this ground of review, you must include official letters of support or other documentation from treatment providers such as medical practitioners, social workers or drug and alcohol counsellors.

Contrary to Law

Contrary to Law applies when you believe no parking offence took place. You will need to provide details about why you believe the decision to issue the infringement notice is unlawful. An example of this is receiving a notice for parking in a Loading Zone on a Saturday when the Zone rules apply Monday to Friday. This may also include when you have purchased a ticket but subsequently received an infringement.

Exceptional Circumstances

Exceptional circumstances include unforeseeable or unpreventable circumstances where the offender was not able to prevent the offence from occurring. This would include a faulty ticket machine, a genuine emergency or mechanical breakdown. It also includes a medical emergency and parking to avoid a collision or hazard. Exceptional circumstances do not include, having no coins for a ticket machine, being held up at the doctors or running late for a meeting. Council has authority to decide whether your situation counts as exceptional or not. You must prove the situation was serious and beyond your control. and have good supporting evidence (e.g. doctors or ambulance report, mechanics report) Please attach before submitting your review.

Mistake of Identity

Mistake of Identity applies when you were not the driver and did not commit the offence. If you were not the driver who committed the offence. You need to nominate who was by completing the Operator Owner Onus Form. You do not need to appeal your parking fine. 

patience 

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