So you have received a council parking fine from a Melbourne or Victorian city council? This page gives you some hints and tips on how to dodge these council parking fines. This website was originally setup to answer questions about parking fines from private companies, however, I continue to get a lot of questions from people about council parking fines. Hence I have created this page that deals with council parking fines, particular in the City of Melbourne and state of Victoria.
Your four options for dealing with a council parking fine are as follows:
1. Seek internal review of your council parking fine
Your first option is always to seek internal review of your parking fine. All councils in Melbourne and Victoria have an internal review/ appeals process under which you can write a letter to the
council, explaining your situation, and ask for them to withdraw the fine or change it to a warning. Your right to appeal your parking fine is encoded in Victorian Infringements Act 2006 as follows:
(1) A person who has been served with an infringement notice may apply to the relevant enforcement agency for review of the decision to serve the infringement notice if the person believes—
(a) the decision was contrary to law; or involved a mistake of identity; or
(b) that special circumstances apply to the person; or
(c) the conduct for which the infringement notice was served should be excused having regard to any exceptional circumstances relating to the infringement offence.
See austlii for further information.
You will not be successful in your internal review just because you cannot afford the parking fine. There is no means test in the internal review of council parking fines. You will need some
sort of special circumstance as to why you think your fine or fine should be forgiven. For example, the parking sign was obscured in some way could possibly be a valid reason. Similarly, a medical
emergency or vehicle breakdown could be another reason that may be accepted by the council's internal review process. It will help if have evidence or witnesses to verify that the special circumstances caused you to commit the parking offence. For example, a letter from your doctor. A common reason for seeking internal review of council parking fines is faulty parking meters. Was
there a phone number fines withdrawn. Note though, that if you are intending on possibly later seeing a lawyer to fight the council parking fine in court if your internal review is unsuccessful,
then it is important to see the lawyer prior to seeking the internal review, since your application for review may make your court case harder to right.
In Melbourne Victoria, 2 out of 5 parking fine appeals to council succeeds. Read more ...
2. Nominate another driver
Your second option for Melbourne and Victorian council parking fines is to nominate another driver. If someone else was driving your car when you received the council parking fine, then you can nominate the driver who was driving at that time. The council will withdraw the fine from your name and issue it to the driver you nominate.
Option 3 - take the council parking fine to court
If you wish, you have the right to take council parking fines to court. If the court finds in your favour, the fine will be withdrawn. However, if you lose the case, then you may have to pay court costs and the council's legal costs as well as the amount on the fine itself.
Option 4 - pay the council parking fine
Your final option is to pay the council parking fine.
The Technology that is used to issue council parking fines
Council parking fines FAQs
Q1. Does the council parking officer need to be able to produce photos to prove the council parking fine?
A1. No, the officer does not need to have photos. They usually do these days, but they can proceed to court on the basis of the parking officer's sworn statement saying that he/she saw the parking offence being committed. By the same token, you can also provide your own sworn statement in court.
Q2. I didn't pay the fine on the first letter I received for a council parking fine, and now the fine has gone up with administration fees added - do I have to pay the increased amount?
A2. Yes you do if you were the driver. However, if you nominate another driver, the nominated driver recives a fine for the orginal amount minus the admininstration fees.
Q3. The council parking fine I received had an error on the description of my car. It said it was a Toyota but it is really a Ford. Do I have to pay this fine?
A3. No you do not have to pay it. You can apply for internal review and the council will withdraw the fine. However, after they withdraw it, the council will most likely re-issue it with the correct details. Or you can take the orginal fine to court and the court will find in your favour. However, the council will then either re-issue the fine with the correct details, or they might even present you directly to court with the corrected details that you provided them with. It's a bit of a catch-22.
Q4. Can I get fined if just a portion (e.g. a few inches) of my car sticks out into a no-standing area?
A4. Yes, you can get a council parking fine if any part of your car sticks into the no-standing area.
Q5. What's the situation with council parking fines and in-ground sensors?
A5. Councils are taking these to court, but are having trouble winning these cases when they are properly defended. You should seek legal advice from a free lawyer.
Q6. Can I move my car from one parking spot to another to restart the timer on a 2 hour parking spot?
A6. No, moving your car in itself is not sufficient. You will need to move your car right out of the parking zone, not just the parking spot. To do that you have to cross an intersection or go past the last sign for that parking zone and then stop in a different parking zone. If you merely park in a different spot in the same parking zone then you are still liable to receive council parking fines if you overstay the hourly limit. Going past a set of traffic lights or going around the corner to a new street is normally sufficient.
Q7. I am stopped in traffic, and waiting for the traffic in front of me to move forward. I am right next to a no standing zone. Can I be fined for stopping in a no standing zone.
A7. No, you cannot be fined in that scenario, as you are not actually parked. Being stopped in traffic is the one single defence there is to being in a no-standing zone.
Melbourne councils are turning to technology to reduce the costs of enforcing their parking rules. This technology is becoming more and more widespread in the parking industry. At this stage, there are two main technologies used by Melbourne councils and councils in other states to issue council parking fines:
1. Licence Plate Recognition Technology in a moving council vehicle.
Council employees drive a vehicle that has a camera and computer fitted to monitor parking restrictions and issue parking fines with their Victorian city. The camera is affixed to the front passenger's window and the computer is secured in the rear. The vehicle is marked with words such as "MOBILE PARKING PATROL" on each side. As this council vehicle passes vehicles parked in
restricted zones, a photograph is taken of the licence plate of each parked vehicle. The date, time and exact location of each parked vehicle is recorded by the computer. When the parking time limit
for the area has expiried the Licence Plate Recognition vehicle again patrols the same parking zone. All the vehicles parked in the zone will have their license plates re-photographed. The Licence
Plate Recognition computer compares the images taken on the first patrol to those images taken on the second patrol. The computer will then abe able to establish, with photographic evidence, if a vehicle has remained in a the same parking zone for the specified period of time. Should your vehicle exceed the prescribed time limit of a restricted zone a council penalty notice may be placed directly on the vehicle by the council parking officer, or alternatively the council parking fine penalty notice may be posted to the owner of the vehicle.
2. In ground sensors
In-ground sensors are installed under the ground under each parking space in the area that the council wishes to monitor. The sensor records when a vehicle moves in and out of a parking bay, and sends a message to the nearest council parking inspector when a motorist has overstayed the time limit by five minutes. The council parking inspector then attends the site and issues a council parking fine penalty notice to the relevant vehicle.
An in-ground sensor is a device that is buried underground beneath each parking space in a zone that the council wished to mintor. The in-ground sensor records when a vehicle arrives and departs from a parking bay. After a vehicle has overstayed the permitted time limit in a parking bay, plus a grace period of five minutes, a signal is sent from the sensor in the bay to the nearest parking officer’shand-held device. The parking officer will then attend the parking site, check to see if a parking offence has occurred, and then stick a council parking fine penalty notice to the relevant vehicle. In ground sensors are currently in use by Melbourne City Council, and other councils in Victoria and Australia.