How to appeal a parking fine

If you want to appeal a parking fine you can:

Or

All applications must be made in writing and received by Yarra City Council before the due date on the infringement notice. Any additional information you want to provide must also be in writing.

What is the offence described on the infringement notice?

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

In a permit zone

In areas where parking is limited we have 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

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 or purchase time on the PayStay app

Faulty Ticket Machine

In the event of a faulty ticket machine, 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 ticket machine was broken there were no restrictions
  • leaving the vehicle because you, or a passenger, needed to use the toilet
  • assuming the ticket machine 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 ticket machine
  • parking for a very short time without payment

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

In a loading zone/taxi zone/bus zone

Only authorised vehicles may stop in a zone marked for loading, taxis or buses 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

Other parking restrictions

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 nature strip
  • 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

What are the grounds I can appeal an infringement notice?

The Victorian Infringements Act 2006 provides 4 specific grounds for review. They are:

  • Special circumstances
  • Contrary to law
  • Exceptional circumstances
  • Mistake of identity

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. Another example is 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.

We have the authority to decide whether your situation counts as exceptional or not. You must prove the situation was serious and beyond your control. You need to provide supporting evidence (e.g. doctors or ambulance report, mechanics report).

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 driving the vehicle. You need to download, complete and submit a operator owner onus form. You do not need to appeal your parking fine.

For more information call Yarra City Council on 9205 5555 or email info@yarracity.vic.gov.au