Requesting a Fine Review, Payment Arrangement or Magistrate Court Appearance

There are a number things you will need to think about before you make a request to have a fine review. Consideration of the steps below will help make the process as smooth as possible and result in a quicker decision by Council.

Who can make a Request for a Fine Review

The Infringements Act 2006 states that only specific people may apply for a fine review, payment arrangement or Magistrates Court appearance.

For parking infringements, these include at least one of the following:

  • The registered vehicle owner
  • Someone acting on the vehicle owner’s behalf with their written consent
  • The company director (or authorised representative) if the fine is issued to a company
  • A person who has been formally nominated by the owner ( PDF 241.17KB), as being the driver at the time the fine was issued.

For a Local Law or Animal Fine these include at least one of the following:

  • The person issued with a fine (the name written on the fine)
  • A person acting on behalf of the person issued with the fine with their written consent
  • The company director (or authorised representative) if the fine is issued to a company.

Documentation Required to Support a Fine Review Request

The following table details the supporting documentation that could assist Council to quickly come to a decision on your appeal or request for a payment arrangement.

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

Reason

Reason Examples

Types of Supporting Documentation

Contrary to law

Contradictory parking restriction signs

Incorrect offence type recorded

Evidence (such as photos) or detailed information showing why you believe no offence was committed.

Incorrect identity of the driver or vehicle

You were not in the location specified on the infringement

An incorrect location was listed on the fine/infringement

The vehicle's registration details are incorrect

Evidence you were not the driver of the vehicle at the time. The vehicle owner will need to nominate the correct driver using a Driver Nomination Form (also known as an Operator Owner Onus Form)

Evidence the vehicle was at a different location at the time.

Evidence that the fine location is incorrect.

Medical emergency

Unexpectedly attending a hospital emergency department or urgent medical incident.

Note: This does not include pre-arranged medical appointments which often run over time or hospital / medical staff parking running over time.

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.

 

Vehicle broken down

An unforeseen 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 in the vehicle.

Note: This does not include expired parking permits.

A copy of the valid parking permit.

A letter or a statutory declaration from the holder of the valid parking permit confirming your entitlement to use the permit at the time of the fine.

Valid parking ticket not displayed or not correctly displayed e.g. face down

A valid parking ticket purchased from a parking machine not displayed or incorrectly displayed.

PayStay not used or PayStay time expired.

Note: This does not include expired parking tickets.

A copy of the valid parking ticket that covers the period of the fine.

Evidence that the PayStay payment was made for the time stated on the fine.

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 of understanding the law or control your conduct at the time of the fine.

Requesting a payment arrangement by post or online

Financial hardship

Copies of whatever supporting evidence you can provide to assist your appeal such as your pension or student card.

Sending a Fine Review Application to Council

If you decide to appeal a fine, request a payment arrangement or go to court, you must make the request in writing. You can submit a request three ways:

Online

Use the online fine review and payment arrangement application

By Post

Print out and complete the Fine review, payment arrangement or court appearance application form ( DOCX 47.17KB).

Mail the form and supporting evidence to:

   Infringement Review Team, City of Whitehorse
   Locked Bag 2, Nunawading DC
   NUNAWADING VIC 3131.

If you prefer to not use the online or downloadable forms, you can send us a letter instead. Please make sure it contains all the required information listed below.

By Email

Scan the completed form or letter and all relevant documentation and email to customer.service@whitehorse.vic.gov.au

Information Required for the Fine Review

All applications need to be in writing (by form or letter) and will need to include the following information:

  • Your name and postal address (we’ll respond in writing to the address provided)
  • Your best contact phone number
  • Your best contact email address (if you have one)
  • The fine number(s)
  • Your vehicle registration number (for parking fines)
  • An explanation of why you believe the fine/s should be reviewed
  • All relevant supporting documents

What Happens When a Fine Review Request Is Received

  • Your fine will be placed 'on hold' while the review is in progress.
  • You do not have to pay the fine costs until a decision is made.
  • The review will take only a few weeks, but the process may take up to 90 days or longer if more information is required from you.

Council may ask you for more information before reviewing your fine. If the requested information is not received by the specified date, Council will make a decision based on the information it already has.

When reviewing a fine, payment arrangement or magistrate court appearance request, Council will take into account all of the available information, including:

  • Information collected by the officer who issued the fine, which may include photographs
  • The circumstances and any supporting documents provided in your application or by third parties
  • Requirements under the relevant legislation.

Once a decision has been made, you will be notified by Council of the outcome in writing to the postal address you provided.