A person who receives a parking infringement notice may request a review of that notice to Council within 21 days of it being issued.
A review of an infringement notice may be requested if:
- you are of the belief that the parking infringement notice is incorrect, or
- there are circumstances Council should consider
When Council may withdraw a Parking Infringement Notice
Council may withdraw a parking Infringement Notice if:
- your vehicle broke down
- you were involved in a medical emergency
- you are a new resident and you haven't received a permit yet
To consider these reasons, you must provide evidence such as:
- letter from the hospital or your doctor if there was a medical emergency
- towing docket or repair invoice if your vehicle broke down
- a lease or contracts of sale if you are a new resident
Council may also need a Statutory Declaration if the circumstances are complex and your evidence does not explain everything that happened.
When Council won't withdraw a Parking Fine
Council will not withdraw a parking fine for the following reasons:
- poor visibility due to weather
- not noticing a sign
- no change to put in meter/ticket machine
- left vehicle to get coins to put in meter/ticket machine
- reading only part of a sign
- being unable to read the sign from the front seat of the car
- forgetting to read the sign
- not noticing that a sign/restriction had been changed
- running late or being in a hurry
- parking within 10 metres of an intersection
- being delayed at an appointment. For example, medical appointments often run late. Remember this when you park.
- stopping for a short time in a prohibited area (for example: stopping in a ‘no stopping’ area even if it is just to pick up or drop off passengers or goods)
- being new to the area and unfamiliar with the restrictions (this applies regardless of whether the driver is from Victoria, interstate or overseas)
- being unaware of the Road Rules (all licensed drivers are expected to be aware and comply with the Road Rules at all times)
- using a parking permit in a street other than the street shown on the permit
- not having a residential parking permit clearly visible in the vehicle when parking in a restricted resident area
- displaying an expired residential parking permit when parking in a restricted resident area
- non-residents parking in restricted resident’s areas.
Faulty Ticket Machines and Signage
Council may withdraw an infringement notice if there was a faulty ticket machine or poor signage, there must be record of you reporting the faulty machine to Council or provide evidence of poor signage.
Nominating Drivers who used your vehicle
Complete the Nomination Statement or Action by Court Form to nominate the driver or person in possession or control of the vehicle when the infringement occurred and forward to Council.
How to Appeal a Parking Infringement Notice
In Person or Mail
Once your request to review has been received, your infringement notice is placed on hold while a decision is being made. Once a decision has been made, Council will write to you confirming its decision.
Under the Infringements Act 2006, Council has 90 days to make a decision based on the information provided by you. If Council rejects your appeal, you may either pay the Infringement notice or elect to have the matter heard and determined in the Magistrates' Court.
You must notify Frankston City Council in writing if you wish to refer the matter to the Magistrates' Court. If you fail to pay or respond with 28 days of the due date, Council will commence legal proceedings.