Whitehorse City Council

Parking Fines/Infringements

> Parking fines or infringements 
> Appealing a fine/Requesting an extension of time
> Parking over stay fine
> Permit zone fine
> Parking ticket machine fine
> No stopping zone fine
> Loading, taxi, bus, works or mail zone fine
> Other parking fines
> Basic appeal information
> The fine/infringement review process
> How to pay the fine/infringement
> Not paying the fine/infringement
> Magistrate’s court
> More information about parking

 

Parking fines or infringements

Council is committed to providing a fair chance for residents and visitors to use the limited parking resources in the City of Whitehorse. For example, shop owners rely on their customers having easy access to nearby parking.

People often do not realise that many parking laws are also there to keep people safe. For example, “No stopping” signs are important because they are usually in places where it would be dangerous to park.

Council also needs to protect and provide access to footpaths and verges and this is why parking is not permitted in these areas. These goals are achieved by implementing and enforcing parking restrictions and the Road Rules to help ensure safety and reasonable access to the available parking.

Issuing parking fines/infringements

Parking fine/infringement notices are usually placed on the passenger side of the car’s windscreen. Infringement notices (fines) can also be sent to the registered owner of the vehicle in the mail or handed to the driver.

Parking fine/infringement costs

Parking fine/infringement amounts are set by the state government and are reviewed annually. Council has no discretion in setting the penalty fee amount. If a parking infringement is not paid by the due date, a driver may receive a follow-up letter in the mail detailing the parking offence and penalty and will also have an additional administrative charge. The administrative charge covers the cost to Council of obtaining the vehicle owner’s address details from VicRoads.

 


 

Appealing a fine/Requesting an extension of time

To appeal a parking infringement, request a payment arrangement or request to have the matter heard in the Magistrates' Court, submit your appeal via our online portal now.

Alternatively, download the pdf icon Application for a Parking Infringement Appeal Payment Arrangement or Court Appearance (410.25kB) form and return it to the mailing or email address.

The Infringement Panel will NOT WITHDRAW a fine/infringement for the following reasons:

  • Being unaware of the road rules
  • Being new to the area and unfamiliar with the restrictions, regardless of the whether the driver is from Victoria, interstate or overseas
  • Running out of petrol or experiencing vehicle issues that did not require immediate repair or towing
  • Being a resident, ratepayer or local employee or business owner
  • Being on a restricted income or having insufficient funds to pay the fine/infringement (NOTE: Victorian legislation does not allow for student or pensioner discounts for fines). A payment arrangement is available in these cases allowing for an extension of time to pay the fine.
  • Believing that it is unconstitutional for a Council to issue a parking fine/infringement
  • Having an excellent driving or parking record prior to the issuing of the fine/infringement.

 

 

Parking over-stay fine

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 few minutes may result in a fine/infringement.

The following commonly presented reasons are NOT CONSIDERED VALID for the withdrawal of an infringement notice:

  • Finding nowhere else to park
  • Forgetting to read a sign or not noticing, understanding or fully reading a sign
  • Not noticing that parking restrictions have changed
  • Being delayed at an appointment or being in a hurry (Example: medical appointments are commonly known to run late. Procedures can often take longer than expected. An allowance for this must be made when parking your car)
  • Moving your vehicle directly from one parking space to another between the same parking signs
  • Poor visibility due to weather conditions
  • Forgetting to move your car
  • Finding nowhere else to park
  • Parking for “just a short time” over the limit.


 

Permit zone fine

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

The following commonly presented reasons are NOT CONSIDERED VALID for the withdrawal of an infringement notice:

  • Displaying an expired or invalid parking permit when parking in a restricted area
  • Moving your vehicle within the same zone and not leaving the zone at the end of the time restriction
  • Forgetting to read a sign or not noticing, understanding or fully reading a sign
  • Not noticing that parking restrictions have changed
  • Being delayed at an appointment or being in a hurry (Example: medical appointments are commonly known to run late. Procedures can often take longer than expected. An allowance for this must be made when parking your car)
  • Parking for “just a short time” without a permit.


Parking ticket machine fine

You are required to pay the parking fee and display the ticket in parking ticket machine areas. 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, you need to report the fault and the parking space must only be used for the time limit shown on the signs, or a fine/infringement may 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 nearby working machine.

The following commonly presented reasons are NOT CONSIDERED VALID for the withdrawal of an infringement notice:

  • Believing that because the parking ticket machine was broken there were no restrictions
  • Assuming the parking ticket machine was not working
  • Re-feeding a parking ticket machine
  • Leaving the vehicle to get change or running out of change
  • Not having the correct change for the parking ticket machine
  • Leaving the vehicle because you, or a passenger, needed to use the toilet
  • Being delayed at an appointment or being in a hurry (Example: medical appointments are commonly known to run late. Procedures can often take longer than expected. An allowance for this must be made when parking your car)
  • Making an error when using the meter
  • Parking for a “very short time” without payment
  • Not displaying the parking ticket face up on the dashboard so it is easily read by a Parking Service Officer.


 

No stopping zone fine

"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.

 

Loading, taxi, bus, works or mail zone fine

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 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
  • Stopping for a very short time
  • Stopping to answer your mobile phone
  • Being unaware of which vehicles can use specific parking zones (example: loading zones, mail zones, taxi zones, truck zones, bus zones or permit zones) and not driving the correct vehicle for that zone.


 

Other parking fines

Not all parking restrictions are required to have signage displayed. For example, a vehicle must not stop if it is:

  • Double-parked
  • Parking on the road too far from the kerb 
  • Not parking wholly within a parking bay when your vehicle could fit in the available space
  • 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
  • Too close to an intersection.

The following commonly presented reasons are NOT CONSIDERED VALID for the withdrawal of an infringement notice:

  • Finding nowhere else to park
  • Forgetting to read a sign or not noticing, understanding or fully reading a sign
  • Not noticing that parking restrictions have changed.

In accordance with the Infringements Act (2006) you can request in writing for your fine/infringement to be withdrawn if you believe that it is not valid for any of the following reasons:

  • Contrary to law - the fine/infringement was issued unlawfully, or the offence did not occur
  • Incorrect identity - the fine/infringement was issued to the wrong vehicle or driver. If you wish to nominate another driver as responsible please use the pdf icon Driver Nomination Form (Operator Owner Onus Form) (123.99kB)
  • You were involved in an unexpected medical emergency
  • Your vehicle broke down or you stopped to avoid a collision
  • You hold a valid parking permit (residential or disabled) or a valid parking ticket yet failed to have it displayed correctly
  • You have 'special circumstances' as defined under the Infringements Act (2006).

To appeal a parking infringement, request a payment arrangement or request to have the matter heard in the Magistrates; Court, submit your appeal via our online portal now.

If you believe the fine/infringement was incorrectly issued or you wish to apply for a payment arrangement or you would like to have your fine/infringement heard in court, you must send your appeal letter or an pdf icon Application for a Parking Infringement Appeal Payment Arrangement or Court Appearance (410.25kB) so that it is received by Council prior to the due date of the fine/infringement. You may send your appeal to the following addresses:

Infringement appeals Panel
Whitehorse City Council
Locked Bag 2
Nunawading Delivery Centre 3131

Or email customer.service@whitehorse.vic.gov.au

PLEASE NOTE:

  • Additional charges may apply if the appeal is received after the payment due date.
  • Council will only consider one appeal unless there is additional evidence you can provide to support a follow-up appeal.

 

Appeal information required from you

If you do not provide important supporting information or documentation with your appeal, we will have to contact you and request this information which will inconvenience you and delay the appeal process or the appeal will be rejected.

Council cannot process your appeal without the following information:

  • The infringement number (from the infringement notice/fine)*
  • The vehicle registration number (from the infringement notice/fine)*
  • Your full name*
  • Your postal address*
  • A contact phone number*
  • A contact email address (If you have one, providing an email address could assist in timely information sharing)
  • An explanation of why you believe the fine/infringement should be withdrawn*
  • Whatever relevant supporting documentation you can provide – see table below.

Mandatory information

Please note: In accordance with the Infringements Act (2006), a postal address is required to enable Council to provide you with a response in writing.
Please be advised that if the required information is NOT received by the fine/infringement due date, the infringement will progress and may incur additional costs and further action.

For your convenience, all the required information is detailed in the pdf icon Application for a Parking Infringement Appeal Payment Arrangement or Court Appearance (410.25kB).

The pdf icon Internal Review Guidelines - Infringement Management and Enforcement Services (1.45MB) encourage the development of consistent decision making processes and assist the legal and practical requirements of an internal review process.

Documentation to support an appeal

The following table details the supporting documentation that could assist the Infringement appeals.html Panel to make a timely decision on your appeal or request for a payment arrangement. All supporting documentation must be relevant to the fine/infringement.

Note: Failure to provide supporting documentation may result in a delay in the process or a decision will be made without it.

Reason

Examples Supporting Documentation
Contrary to law Contradictory parking restriction signs.
Incorrect offense recorded.
Evidence (such as photos) or detailed information detailing why you believe an offence was not committed.
Incorrect identity of the driver or vehicle You were not in the location specified on the fine (infringement notice).
An incorrect location was listed on the fine (infringement notice).
The vehicle's registration details are incorrect.
Evidence you were not the driver of the vehicle at the time. You may nominate the correct driver using the pdf icon Driver Nomination Form (Operator Owner Onus Form) (123.99kB)
Evidence the vehicle was at a different location at the time.
Evidence that the fine/infringement notice location is incorrect.
Medical emergency Unexpectedly attending a hospital emergency department or urgent medical incident. A letter from the hospital emergency department or doctor/specialist attending the medical emergency.
A copy of the death certificate if you were attending the passing of a loved one and details of your relationship to the loved one.

Note: this excludes pre-arranged medical appointments which often run over time and hospital or medical staff parking over time.
Vehicle broken down An unforseen vehicle breakdown resulting in repair work or towing of the vehicle. A copy of the towing documentation or a statutory declaration from the attending mechanic with details of the mechanical issue, the date of the mechanical breakdown and why the vehicle could not be towed.
Valid parking permit not correctly displayed A valid parking permit (residential parking permit, disabled parking permit, construction worker's parking permit, trader parking permit) is incorrectly displayed  A copy of the valid permit
A letter from the holder of the permit confirming your entitlement to use the permit at the time of the fine/infringement.
Valid parking ticket not displayed A valid parking ticket purchased from a parking machine not displayed or incorrectly displayed. A copy of the valid parking ticket that covers the period of the fine/infringement.
Note: consideration in this case is only given for the first offence of this type.
Special circumstances 'Special circumstances' as defined under the Infringements Act (2006) Evidence from your medical practitioner or social worker that your condition renders you unable to understand the law or control your conduct at the time of the fine/infringement.
Requesting a payment plan Financial hardship Copies of whatever supporting evidence you can provide to assist your appeal such as your pension or student card.

 


 

The fine/infringement review process

The appeals.html process is bound by the Infringements (Reporting and Prescribed Details and Forms) Regulations (2006), which allows up to 90 days for a response from Council. Once Council receives your appeal with the appropriate contact information and appeal detail, action on your Infringement is suspended and your infringement will be placed on hold pending a review.

All appeals.html are reviewed by the Whitehorse City Council Infringement appeals.html Panel. The panel will take into account all available information including:

  • Information collected by the Authorised Officer
  • Circumstances outlined by you in your request for a fine/infringement review and any relevant supporting documentation sent by you
  • Requirements under the relevant legislation including the Road Safety Road Rules (2009) and the Infringements Act (2006)
  • If insufficient information is provided by you, we may need to contact you for additional details before reviewing the fine/infringement. If the requested information is not received by the date specified in the request for additional information, a decision will be made based on the information at hand.

Once all the information has been received the fine/infringement will be reviewed and a response will be sent by mail to you once a decision has been reached.

The role of Councillors

It is within your rights to contact the Mayor and/or your local Councillor about a fine/infringement. However, the Mayor and Councillors will refer the matter to the Infringement appeals.html Panel in accordance with the regular appeal process.

Successful payment arrangement appeal

If your appeal for a payment arrangement is successful, Council will notify you in writing informing you of the new payment arrangement.

Unsuccessful payment arrangement appeal

If your appeal for a payment arrangement is unsuccessful, Council will notify you in writing indicating the payment due date. Council will only consider one appeal unless there is additional evidence you can provide to support your case.

If you are not satisfied with the decision, you may elect to have the matter heard in Court.

Successful fine appeal

If your fine/infringement appeal is successful, Council will notify you in writing indicating that the fine/infringement has been withdrawn. This may also include an official warning.

Unsuccessful fine appeal

Should your fine/infringement appeal be unsuccessful, you will be advised in writing of a new payment date. Council will only consider one appeal unless there is additional evidence you can provide to support your case.

If you decide to pay the fine/infringement by the due date, you will not need to take any further action. However, if the payment is not received by the due date, the matter may escalate and you may incur additional costs or it may result in appearing before a magistrate.

If you are not satisfied with the decision, you may elect to have the matter heard in Court. 

 


 

How to pay the fine/infringement


In person:
Payments may be made at any of Council’s three Customer Service Centres:

Service Centre Address Cashier hours
Nunawading Civic Centre 379-397 Whitehorse Road, Nunawading 3131 Weekdays 8.40am to 5pm
Box Hill Town Hall Customer Service Centre 1022 Whitehorse Road, Box Hill 3128 Weekdays 9am to 5pm
Forest Hill Customer Service Centre Shop 275, Forest Hill Chase Shopping Centre, Canterbury Road, Forest Hill 3131 Weekdays 9am to 5pm
Saturday 9am to 12pm

By mail:
Cheque or money order payments can be mailed to the City of Whitehorse, Locked Bag 2, Nunawading Delivery Centre, 3131. Please ensure that you include your Parking Infringement No. and the registration number of your vehicle with your mailed payment.

By phone:
Credit card phone payment is available by phoning 9697 5730. The service is provided by SecurePay.

Online:
Payment can be made by clicking on the Online Payment section of the website.

IMPORTANT: Please wait three days after the infringement date before you can pay the fine/infringement to allow for fine/infringement information to be loaded into the Council’s payment systems.

 


 

Not paying the fine/infringement

If a fine/infringement is not paid by the due date shown on the Infringement Notice, the issue gets escalated in the following way:

  • A reminder notice is issued to the registered owner of the vehicle, extending the time to pay and an additional fee.
  • Once the extension period ends, a second reminder is issued.
  • If the fine/infringement is not paid by the revised due date, the matter is referred to the Infringements Court, which adds a further fee.
  • The Infringement Court process adds additional costs and if an infringement is not paid, the matter will progress to the Sheriff’s Office where a warrant will be issued.
  • The registered owner or nominated driver can apply to the Infringements Court to have the matter revoked. If successful, the matter will return to Council for consideration. It will then either be withdrawn or proceed to open court.
  • If you wish to contest the fine/infringement further, you may choose to have the matter heard before a Magistrate.

 


 

Magistrate’s court

It is suggested prior to having the matter heard in front of a magistrate, that you seek independent legal advice before taking this step. Should you decide not to seek legal advice, the information provided below may assist you.

To inform Council you wish to dispute the fine/infringement before a Magistrate you must inform Council in writing. Please complete the pdf icon Application for a Parking Infringement Appeal Payment Arrangement or Court Appearance (410.25kB). You will receive an acknowledgement that the matter will be heard in court and you will receive a summons in writing telling you the date, time and place of the hearing. If you succeed at the hearing, the fine/infringement will be withdrawn. If you are not successful, you will be required to pay the fine/infringement amount and any court and Council costs.

To help you with your day in court, refer to information on the Victorian Law Foundation website.

 


 

More information about parking

For further information regarding parking laws, signs and fines/infringements in Victoria, the Victorian Law Foundation has published an easy-to-understand guide titled Parking, the law and you