How to Appeal My Parking Fine

Council patrols and enforces parking restrictions in the municipality.

Photo evidence of parking fine

Request a copy of photographs taken at the time of the offence

You can view photos taken at the time by an officer by using our infringement self-service portal. You will need your infringement number, date of offence and vehicle registration number:

Infringement portal

If you don't wish to use the portal, an email request can be sent to contact@data.com.au

You can also write to us or deliver a letter in person to either of the following locations:

  • Monash City Council Offices
    293 Springvale Road
    Glen Waverley VIC 3150
  • Oakleigh Service Centre
    3 Atherton Road
    Oakleigh VIC 3166

Driver nomination

Nominate driver

Have we issued the fine to the right person?

If not, then the registered owner needs to complete the nomination form. You can do it seamlessly online via the infringement self-service portal:

Infringement portal

If you don't wish to use the portal, please complete all relevant sections of the Driver Nomination Form(PDF, 799KB) ensuring provision of an Australian address for the driver, sign the form and mail it to Council:

Monash City Council
GPO Box 425
Melbourne VIC 3001

Alternatively, you can send via email to contact@data.com.au

Before you appeal, please read about the grounds on which the decision will be reviewed.

Appeal Parking Fine

Online Portal

You can submit an appeal by using the infringement self-service portal, where you can manage all parking infringement matters:

Infringement Portal

To view photos online at you will need your infringement number, date of offence and vehicle registration number.

If you appeal your parking infringement, you will be required to create a login.

 

Email

If you don't wish to use the Infringement Portal, you can email contact@data.com.au

You must ensure your application for review is made in writing and only 1 appeal can be made in relation to any particular infringement offence.

NOTE: The maximum size limit the above email address can receive is 20MB. If you experience any problems, please call Monash Council on 9518 3555.

You must include the following information:

  • Name and address
  • The infringement notice number
  • Car registration number

State the grounds on which the decision should be reviewed, including the circumstances you rely on for the review. 

 

Mail, In Person

If you want to appeal a parking fine, you must write to us or deliver a letter in person to either of the following locations:

  •  Monash City Council Offices
    293 Springvale Road
    Glen Waverley VIC 3150
  • Oakleigh Service Centre
    3 Atherton Road
    Oakleigh VIC 3166

You must include the following information:

  • Name and address
  • The infringement notice number
  • Car registration number

State the grounds on which the decision should be reviewed, including the circumstances you rely on for the review. 

 

What happens next?

The process can take up to 90 days. Do not pay the fine in this time. You should phone us on 9058 6604 to check we have received your letter. Upon final review of your application, we will contact you with our decision.

How will Council make a decision?

We will decide to enforce the fine based on the following information:

  • Did the offence happen?

For example, if you were fined for staying in a space for too long you must be able to prove that you returned in time.

Driver Nomination

  • Have we issued the fine to the right person?

If not, then the registered owner needs to complete online nomination via the Infringement Portal

Alternatively, you may complete all relevant sections of the Driver Nomination Form(PDF, 799KB) ensuring provision of an Australian address for the driver, sign the form and mail it to Council:

Monash City Council
GPO Box 425
Melbourne VIC 3001

Or send by email to contact@data.com.au

Special circumstances

  • Is the driver claiming ‘special circumstances’ as defined in the Infringements Act?

‘Special circumstances’ means the person has a mental or intellectual disability, disorder, disease or illness or a serious addiction to drugs or alcohol which means they are unable to understand the offence or unable to control their behaviour.

  • Are there exceptional circumstances?
  • Were the circumstances beyond the control of the driver?

The following are circumstances where we may consider withdrawing an infringement notice:

  • If your vehicle broke down
  • If you were in, or involved in, a medical emergency
  • If you are a recent resident and had not yet received or bought your parking permit
  • If you had recently bought your vehicle and had not changed over details yet

You must prove all of these circumstances are true. For example, a letter from the hospital or your doctor, copies of towing dockets and repair invoices, or copies of lease documents and contracts of sale.

We may ask you for a statutory declaration if the circumstances are complex and you cannot prove them with a document or letter.

Grounds for review

In order for an infringement notice to be considered for withdrawal, you must satisfy one of these grounds:

Special Circumstances

Special Circumstances may apply if you:

  • Have a mental or intellectual condition or a serious addiction to drugs or alcohol that may mean you are unable to understand the offence or behaviour was against the law, or unable to control the behaviour that was against the law.
  • If you were experiencing homelessness at the time of offence.
  • If you were experiencing family violence which resulted in you being unable to control the behaviour which constitutes an offence.

Special circumstances must include evidence that supports the circumstances you are referencing, such as evidence from your medical practitioner, social worker and/or drug and alcohol counsellor which includes:

  • the existence of the relevant condition; and
  • a summary of the applicant’s circumstances; and
  • the practitioner’s qualification, relationship and the period of engagement; and
  • whether in the opinion of the practitioner, there is a connection between the circumstances and the applicant’s offending behaviour; and
  • any other supporting evidence

Mistake of Identity

This means that you believe you were not the person who committed the offence.

Exceptional Circumstances

This refers to events which are unforeseeable and likely to be an unpredictable event or circumstance such as vehicle breakdown or medical emergency.

Please note that documentary evidence which supports this claim should be provided with your appeal, including time and date (this may include photos, medical certificates/reports or mechanical receipt/report).

An example of a circumstance that is not considered sufficient would be a pre-booked medical appointment that is delayed. Medical appointments are often known for running both over and behind time; it is always the responsibility of the driver to ensure they park legally and allow enough time for a circumstance such as this.

Person Unaware

This ground of review means you believe you were not aware of the infringement notice being issued.

You must make appeal within 14 days of becoming aware of the infringement.

Note that this ground cannot be used if:

  • The infringement notice was issued by personal service, for example hand delivered to you; or
  • You have moved address and not notified VicRoads, Council or other authority as the case may be within 14 days of your change of address.

Contrary to Law

This means that you believe the infringement notice is not valid.

For example, you believe that a timed parking area does not exist where you were fined.

The above example is not exhaustive and therefore may involve various circumstances.

To substantiate a claim of contrary to law we may need you to provide additional evidence such as photos, documentation and/or official records.

 

More information on grounds for appeal: Request a review - Fines Victoria

What happens if the appeal is unsuccessful?

You have the option of paying the infringement notice by the due date or taking the case to the Magistrates' Court.

You must write to us if you wish to refer the matter to the Magistrates' Court. If you fail to pay or respond within 28 days of the due date, we will start legal proceedings.