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 extension of time 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 754.55KB), 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.

NOTE: Under Part 6 Local Government Act 2020 and the Infringements Act 2006 Internal Review Guidelines, current and former Councillors are not allowed to influence a fine internal review decision.

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 extension of time.

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 extension of time 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 extension of time or go to court, you must make the request in writing. You can submit a request three ways:

Online (Best option)

Use the online fine review and payment extension of time application

By Email

Scan or attach a completed fine review, payment extension of time or court appearance application form ( PDF 880.05KB) and all relevant documentation and email them to customer.service@whitehorse.vic.gov.au

By Post

Print out and complete the Fine review, payment extension of time or court appearance application form ( PDF 880.05KB) and mail it and supporting evidence to:

   Infringement Review Team, Whitehorse City Council
   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.

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

Electing to be Heard at Magistrate Court

If you tell us you want to take the matter to court, you will be notified of the date and time of the hearing at the Ringwood Magistrates Court and will need to pay any additional court-related costs.

What Happens When a Fine Review Request Is Received

• Your fine will be placed 'on hold' until a decision is made
• Your fine will be reviewed by Council Officers using the Infringements Act 2006 Internal Review Guidelines
• You will not be required to pay the fine unless your fine review request is unsuccessful.

When reviewing a fine, payment extension of time 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 by you or third parties in your application
• Requirements under the relevant legislation.

The fine review usually takes only a few weeks, but the process could take up to 90 days or longer if we need to request more information from you. If the requested information is not received by the specified date, Council will make a decision based on the information it already has.

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

NOTE: If your application has been unsuccessful and you do not pay the fine or if you do not tell us you want to go to court by the due date, the fine will progress through the enforcement process and more costs will be assigned.