How to dispute a fine

How to dispute a fine

Yarra Ranges Council reviews infringements under the Infringements Act 2006, and by law, you can request one internal review of your fine. All review requests must lodged in writing before the infringement due date.

To have an infringement notice reviewed, you must meet one of these circumstances: 

• Special circumstances
• Exceptional circumstances
• Nomination statement
• Mistaken identity
• Contrary to Law
• Person unaware

Once you've have all your supporting evidence you can apply to dispute a fine. 

Special circumstances

Special circumstances apply if, at the time of the offence, you were affected by one of the following:

• Homelessness
• Family violence. You or an immediate family member was experiencing family violence (which results in you being unable to control conduct which constitutes an offence)
• A mental or intellectual condition, or a serious addiction to drugs or alcohol. This makes the claim that you couldn’t control the behaviour that was against the law.

Supporting evidence

We require supporting evidence to validate a claim of special circumstances.

We will accept supporting evidence from:

• A general practitioner, psychiatrist or psychologist. This may be medical report or letter from a treating physician or hospital outlining specific details of serious illness or medical emergency.
• A social worker. This may be a supporting letter from psychologist/psychiatrist, social worker, outreach organisation or community service provider.
• A drug and alcohol counsellor. This may be a supporting letter from counsellor.

Please note: providing false or misleading documents will result in the dispute being rejected. 

Exceptional circumstances

Exceptional circumstances are events that were unforeseeable. You will need to provide details of the exceptional circumstances where you have committed the offence due to unforeseen or unpreventable circumstances.

Exceptional circumstances may include:

• A medical emergency
• Temporarily parking a damaged vehicle, directly following involvement in an accident
• Mechanical breakdown.

Supporting evidence

We require supporting evidence to validate a claim of exceptional circumstances.

Evidence may include:

• Medical report or letter from a treating physician or hospital outlining specific details of serious illness or medical emergency.
• A detailed mechanical repair invoice, receipt for repair parts or goods or tow docket (detailing the work performed, date and time)
• A supporting letter from psychologist/psychiatrist, social worker, outreach organisation or community service provider.
• Visual proof such as photographs, security camera or other video footage.
• Any other information or evidence that supports your claim.

Please note: providing false or misleading documents will result in the dispute being rejected. 

Mistake of identity

You can request a review under this ground if you have been incorrectly identified as the person who committed an offence, and you have evidence to support your claim.

You cannot request a review under this ground if someone else was driving your vehicle. Failing to nominate the responsible person is not a valid reason to apply for mistake of identity.

Supporting evidence

If you are claiming mistaken identity in relation to a parking offence, you will need to provide:

a copy of the police report if your car or number plates were stolen.

Should you wish to nominate the driver of the vehicle at the time of the offence, please complete the Nomination statement.

Please note: providing false or misleading documents will result in the infringement being upheld.

If you prefer you can also complete a hard copy version of our Nomination Form/Application for Action by Court.(DOC, 120KB)

This will need to be sent back either by email or to the PO Box listed on the form.

Nomination statement

You can nominate another driver if someone else was driving your vehicle when the offence occurred. Once you've completed a nomination statement, we will re-issue the fine to them. 

Supporting evidence

If you are nominating another driver in relation to a parking offence, you will need to:

• complete the nomination statement
• provide the name, address and drivers licence number of the person who was driving the vehicle at the time of the offence. 

Please note: providing false or misleading documents will result in the infringement being upheld.

If you prefer you can also complete a hard copy version of our (DOC, 126KB)Nomination Form/Application for Action by Court.(DOC, 120KB)

This will need to be sent back either by email or to the PO Box listed on the form.

Contrary to law

You can apply under this ground if you believe that our decision to fine you was inconsistent with the law.

For example, the officer who issued the fine acted unlawfully, improperly or outside their authority or the fine does not comply with the legal requirements of an infringement notice.

Person Unaware

This means that you were not aware that you had an infringement notice.

You can dispute a fine under this ground if all of the following apply:

• you found out about the fine within the last 14 days
• the fine was not personally given to you by an officer
• the fine was not for a traffic offence
  
  

If you moved house but you did not change your authorised address with the relevant agency (for example, VicRoads) within 14 days of moving, your application may not be successful.

You must submit your application within 14 days of the date you became aware of the fine.

If your application is successful, you will be granted a further 21 days to deal with your fine and any fees added to your fine will be removed.

Supporting evidence

Your application may not be successful unless you provide evidence showing you did not know about the fine.

This could be:

• a copy of your passport or boarding pass showing you were overseas
• an invoice from a removalist showing that you moved house
• a VicRoads address change confirmation
• a report about mail theft

Reasons that don't qualify for a review

There are several circumstances that will not be considered grounds for a dispute.

Apply for a payment plan or extension 

If you cannot afford to pay the infringement in full, you may apply for a payment plan to pay it off gradually, or request additional time to pay. You will need to apply before the due date of your infringement.

Payment Plan

A payment plan needs to formally be made in writing. You can do this by either:

• completing our online form 
• by email at mail@yarraranges.vic.gov.au

Extension

An extension can be organised by completing

• our online form
• by phone on 1300 368 333.

Apply to have the matter heard at Court

If you are not satisfied with the outcome of your infringement review, or would prefer to have the matter dealt with directly by a Magistrate without seeking a review (still must be requested before the infringement due date), you can apply to have the matter heard at the Magistrates' Court.

Taking an infringement to court incurs extra costs. Legal advice should be considered before making an application. 

You will need to notify us in writing if you wish to have this matter determined in Court.

You can do this by:

• filling out our online form

• completing a hard copy version of our Application for Action by Court(DOC, 120KB). This will need to be sent back either by emailor to the PO Box listed on the form.