Parking Fines

• 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, as being the driver at the time the fine was issued

All Other Fines

• 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

"Contrary to Law" means the fine is invalid or was improperly issued to you. You can use this reason if you believe that the fine Council issued to you is  inconsistent with the law.

Examples

• Contradictory parking restriction signs
• Incorrect offence type recorded
• Incorrect details on the fine 
  NOTE: Parking fines are subject to the vehicle registration number not make, model or colour of the vehicle

Examples of Supporting Documentation You Should Supply

• Photos or detailed information showing why you believe no offence was committed.

"Mistaken Identity" means the fine was issued to the wrong person or vehicle.

You can appeal your fine for this reason if you have supporting evidence that you have been incorrectly identified as the person who committed the offence.

If you are the registered owner of a vehicle, you cannot appeal the fine if someone else was driving your vehicle. Failing to nominate the responsible person is not a valid reason to apply for "Mistaken Identity". You can always nominate another driver for a vehicle-related fine.

Once your vehicle-related fine progresses to Fines Victoria, it is too late to nominate another driver (except in limited circumstances, such as family violence situations).

Mistaken Identity Examples

• You were not in the location specified on the fine
• An incorrect location was listed on the fine
• The vehicle's registration details are incorrect or your vehicle registration plates have been cloned
• You are not the owner of the business or owner of the land

Examples of Supporting Documentation You Should Supply

• For cloned vehicle registration plates, provide photos of your vehicle with the registration plate demonstrating the vehicle is different to the fine images, or police report, or insurance claim, or VicRoads documentation or any other relevant supporting documentation
• Evidence the vehicle was at a different location at the time (e.g. at a mechanic’s workshop)
• Evidence of a change of land ownership or a sale of the business or change of company directorship

"Special Circumstances" are very specific. You can select this reason only if you committed the offence and can show that:

• At the time of the offence you:
  • Had a mental or intellectual disability, disorder, disease or illness
  • Had a serious addiction to drugs, alcohol or a volatile substance
  • Were homeless
  • Were a victim of family violence, or
• You cannot deal with your fine because of severe disabling long-term circumstances.

For more information about how Council manages the personal and medical information you send us, please refer to the Council's Privacy Information Policy ( PDF 182.51KB).

Examples of Supporting Documentation You Should Supply

• You need to provide evidence from a qualified practitioner or agency.
• The Family Violence Scheme has also been introduced by Fines Victoria to support people affected by family violence within the fine system. For further information, visit the Fines Victoria Family Violence web page or call Fines Victoria on 1300 019 983.

The Fines Victoria website has more information about Special Circumstances and the supporting documentation that would assist with a fine appeal.

"Person Unaware" only applies if you were not aware that the original fine was issued to you.

If Council accepts you were unaware of the fine being issued, Council may remove any additional costs for the fine however, the original fine amount will remain.

Please supply any supporting evidence at the time you make the application.

Person Unaware Requirements

• You were not personally aware you were served the fine, and
• You ask for the review within 14 days of becoming aware of the fine, and
• You updated your address (e.g. with VicRoads) within 14 days of moving.

There are a number of "Exceptional Circumstances" where you may be excused from paying the fine.

Exceptional Circumstance Examples

• A medical emergency, such as unexpectedly attending a hospital emergency department or urgent medical incident. Medical procedures can often take longer than expected. You must make an allowance for this when parking your vehicle.
  NOTE: This does not include pre-arranged medical appointments which often run over time or hospital / medical staff parking and running over time. 
• Your vehicle broke down resulting in repair work or the vehicle needed to be towed
• An incorrectly displayed valid parking permit
• An incorrectly displayed valid parking ticket

Examples of Supporting Documentation You Should Supply

• A letter on letterhead from the hospital emergency department or doctor/specialist confirming 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
• A copy of the relevant mechanical repair or towing account, or evidence from RACV (or similar organisation)
• A copy of the valid parking permit and, if the permit is not yours, a letter from the permit holder confirming your entitlement to use the permit at the time
• A copy of the valid parking ticket or evidence (such as a dated receipt) that an electronic parking system (e.g. PayStay) payment was made for the time stated on the fine. 
  NOTE: Paying for multiple parking tickets without moving your vehicle will not exempt you from a fine if you stay longer than the parking restrictions in the location you parked.

For more information about how Council manages the personal and medical information you send us, please refer to the Council's Privacy Information Policy ( PDF 182.51KB).

• You are a local resident, ratepayer, business owner or employee (including hospital employee).
• This is your first offence or you have had no fines before you received this fine.
• You have a restricted income or have insufficient funds to pay the fine. 
  NOTE: Victorian legislation does not allow for student or pensioner discounts for fines. A fine payment arrangement is available in these cases.
• You believe that it is unconstitutional for a Council to issue a fine.
• You didn’t know it was a problem or you didn’t know the law or Local Law.
• English is not your first language and you did not understand your responsibilities.
• You are new to the area (including Victorian, interstate or overseas resident) and unfamiliar with Local or Victorian Law requirements/responsibilities.

Below are common reasons used to request Council to withdraw a parking fine. None of them are considered to be valid reasons to withdraw the fine:

• You are unaware of, do not understand or believe you are exempt from the Victorian Road Rules.
• Believing that it is unconstitutional for a Council to issue a parking fine.
• Not noticing that parking restrictions have changed.
• Not noticing, understanding, reading in full or forgetting to read a parking sign.
• Being new to the area and unfamiliar with the parking restrictions, even if the driver is from Victoria, interstate or overseas.
• Running out of petrol or experiencing vehicle issues that did not need immediate repair or towing.
• Waiting for a friend or relative to "jump-start" your vehicle.
• Leaving the vehicle because you, or a passenger, needed to use the toilet.
• 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.
• Being delayed at an appointment or being in a hurry (e.g. medical appointments are often known to run late). Medical procedures can often take longer than expected. You must make an allowance for this when parking your vehicle.
• Having an excellent driving or parking record before you were issued the fine.
• Forgetting to move your vehicle.
• Finding nowhere else to park.
• Parking or stopping for 'a short time' over the limit without paying for parking, parking in a permit zone without a permit, or stopping in a no stopping zone.

Time-limited parking occurs in areas where there is high demand for parking spaces. Time limits ensure busy areas remain accessible for all users. Staying longer than allowed for even a few minutes may result in a fine.

Below are common reasons used to request Council to withdraw a fine for parking longer than allowed. None of them are considered to be valid reasons to withdraw the fine:

• "Feeding the parking meter" and not moving your vehicle before the signed parking restrictions are exceeded. You must not stay longer than the parking restrictions on the relevant parking sign.
  NOTE: Buying additional parking machine tickets does not override this requirement.
• Moving your vehicle directly from one parking space to another between the same parking signs. You must move your car to a new parking area.
• Poor visibility due to weather conditions.

You need to pay the parking fee using an online payment system (e.g. PayStay) or display the ticket printed from the parking ticket machine in a parking ticket machine area. It is the driver's responsibility to ensure they have enough money to cover the cost of parking and that the time paid for is enough.

In the event of a faulty meter, you need to report the fault and Council staff will review the situation. They will advise what you can do, or you may be issued a fine. Most on and off-street parking areas have a number of parking ticket machines nearby. If one is broken, you must buy a ticket from a nearby working machine or use an online payment system (e.g. PayStay).

Below are common reasons used to request Council to withdraw a ticket machine fine. None of them are considered to be valid reasons to withdraw the fine:

• Assuming the parking ticket machine was not working.
• Believing that if the parking ticket machine was actually not working. There were no restrictions.
• "Feeding the parking meter" and not moving your vehicle and you have stayed after the signed parking restrictions are exceeded. You must not stay longer than the parking restrictions on the relevant parking sign.
  NOTE: Buying additional parking machine tickets does not override this requirement.
• Leaving the vehicle to get change or running out of change.
• Not having the correct change for the parking ticket machine.
• Not having a credit card or your credit card has expired or has no available funds.
• Not having an online payment system (e.g. PayStay) account as well as not using a credit card/coins.
• Making an error when using the meter.

"No Stopping" means not stopping your vehicle at all, even for a short period where the driver stays in the vehicle. This includes Clearway zones during Clearway periods. 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. You are not allowed to stop your vehicle to let someone out or into the vehicle, regardless of whether you leave the engine running or stay in the vehicle.

Below are common reasons used to request Council to withdraw a No Stopping fine. None of them are valid reasons to withdraw the fine:

• Waiting for another vehicle to move on.
• Finding no room at the school pick-up/drop-off area and using the No Stopping area.
• Stopping to answer your mobile phone.
• Stopping to let a passenger in or out for any reason.
• Stopping for a short period or to make a quick delivery or collection.

In some areas where parking space is limited, Council has set aside parking areas for residents or other designated groups, such as disabled people. Parking without a valid parking permit may result in a fine.

Below are common reasons used to request Council to withdraw a parking permit fine. None of them are considered to be valid reasons to withdraw the fine:

• Displaying an expired or invalid parking permit when parking in a restricted area.
• Parking a vehicle that is not permitted to be parked in the permit zone (e.g. a private vehicle in a bus or taxi zone).
• Moving your vehicle within the same parking zone and not leaving the zone at the end of the parking sign time restriction.

Only authorised vehicles may stop in designated parking zones, such as mail, works, taxi, bus and loading zones.

You can only park in a Loading Zone when delivering or picking up goods, services or people. Authorised vehicles include taxis, buses, trucks, vans and other vehicles used for delivery that have permanent signs fixed to both sides of the vehicle and carry the appropriate permit if required. Magnetic signs are not permitted. If there is no time limit specified on the Loading Zone sign, 30 minutes is the maximum time that an authorised vehicle may park in the zone.

For mail, works, taxi and bus zones, only certain types of vehicles or drivers who carry the appropriate permit allowed to park in these areas.

Below are common reasons used to request Council to withdraw a designated parking zone fine. None of them are considered to be valid reasons to withdraw the fine:

• Stopping a privately registered vehicle to drop off or pick up passengers or goods.
• Stopping to answer your mobile phone.
• Being unaware of which vehicles can use specific parking zones and not driving the correct vehicle for that zone (e.g. mail, works, taxi, bus and loading zones).

Not all parking restrictions require signage to be displayed. They are listed in the Victorian Road Rules and drivers may be fined if they do not follow these rules.

For example, a vehicle must not stop if it is:

• Double-parked.
• Not parking wholly within a parking bay when your vehicle could fit in the available space.
• Inside an intersection.
• Too close to an intersection.
• Across a lane or private driveway.
• On the wrong side of the road facing the opposite direction of the traffic.
• Parking on the road too far from the kerb, including facing the wrong direction.
• On a footpath, reserve or nature strip.
• In a bus or transit lane.
• Obstructing the flow of traffic or leaving less than 3 metres of road clearance for traffic to pass.
• Opposite a continuous solid white line (either 1 or 2 lines) unless there is 3 metres of road clearance between your vehicle and the line - for traffic to pass, or parking signs are in place.

Below are common reasons used to request Council to withdraw an animal fine. None of them are considered to be valid reasons to withdraw the fine:

• The animal being your first pet and you were unaware of your responsibilities.
• English is not your first language and you did not understand the animal registration reminder.
• Being unaware of the requirements of caring for an animal.
• Being new to the area and unfamiliar with the requirements for animals (includes residents from Victoria, interstate and overseas).
• Being on a restricted income or having insufficient funds to pay the fine. 
  NOTE: Victorian legislation does not allow for student or pensioner discounts for fines. A payment arrangement is available in these cases.
• Believing that it is unconstitutional for a Council to issue an animal fine.

Cat and dog registrations expire April 10 every year. Registration payments are due by that date.

Below are common reasons used to request Council to withdraw an animal registration fine. None of them are considered to be valid reasons to withdraw the fine:

• Being out of the state or overseas when animal registration is due.
• Not receiving an animal registration renewal notice.
• Your animal is sick and is not expected to live much longer.
• Being unaware of animal registration requirements.

Dogs at large are dogs that have been found wandering from a property or not under the effective control of a person. They are a hazard to pedestrians, cyclists, drivers and themselves. They may become aggressive if they become frightened by unfamiliar surroundings or people. They can also defecate in the street and neighbouring gardens.

Saying that your dog is old and usually does not wander, accidentally got out of the yard or you are renting and the landlord will not install adequate fences around your property are not considered a valid reason to withdraw a dog at large fine.

Minor Dog Attack

A minor dog attack occurs when a dog rushes a person or attacks or bites a person or an animal and the injuries are minor. The Community Laws Officer will have investigated the incident and determined that a fine/infringement should be issued.

Below are common reasons used to request Council to withdraw a minor dog attack fine. None of them are considered to be valid reasons to withdraw the fine:

• Your dog is sick or old and is not expected to live much longer.
• Your dog is easily startled.
• The injuries "were not that serious".

Serious Dog Attack

Serious dog attacks, as defined in the Domestic Animals Act 1994, section 3(1), are referred directly to the Magistrate’s Court. No fine review is possible under these circumstances.

Below are common reasons used to request Council to withdraw City of Whitehorse Local Law ( PDF 280.06KB), Environmental Protection Authority or Fire Rescue Victoria fine. None of them are considered to be valid reasons to withdraw the fine:

• The alleged offence is not the building company’s responsibility. It was tradespeople who breached the requirements.
• The alleged offence is not the property owner’s responsibility. It is the responsibility of the tenant or the leasing agent.
• I did not understand the "Notice to Comply" or "Fire Prevention Notice" or any other direction from a Authorised Council Officer.
• Being out of the state or overseas when a "Notice to Comply", "Fire Prevention Notice" or direction is due.

Email

Scan or attach a completed fine review form ( PDF 276.03KB) and all relevant supporting documentation and email them to customer.service@whitehorse.vic.gov.au

Letter

Print out and complete the fine review form ( PDF 276.03KB) and mail it with your supporting evidence to:

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

In Person

Hand it into a Council Services Centre.

If you prefer to not use the online or downloadable forms, you can send us a letter instead. All applications need to be in writing (by form, letter or email) and will need to include the following information:

• Your name and residential address (Not a P.O. Box)
• Your best contact phone number
• Your best contact email address
• The fine number(s)
• Your vehicle registration number (for vehicle-related fines)
• An explanation of why you believe the fine(s) should be reviewed
• All relevant supporting documentation

We’ll respond in writing to the provided email address. Please regularly check for a message from Council in both your email inbox and junk mailbox.