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Applications for internal review of infringements

A person who has been served with an infringement notice (or a person acting on behalf with the first-mentioned person's consent) may apply in writing for an internal review, clearly stating the grounds on which the decision should be reviewed if the person believes—

(a) the decision—

(i) was contrary to law; or

(ii) involved a mistake of identity; or

(b) that special circumstances apply to the person, unless—

(i) the special circumstance referred to in the application is family violence; and

(ii) the person has made an FVS application; 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; or

(d) that the person was unaware of the notice having been served and that service of the infringement notice was not by personal service and must be made within 14 days of applicant first becoming aware of the infringement. Note: Legislation prescribes that the enforcement agency cannot consider an application where the applicant has not updated their authorised address with the relevant authorities within 14 days of changing address.  

Where an application for review is received on grounds specified in (a), (b) or (c), we will review the decision to serve an infringement notice on the person and suspend any procedures that are being used for the enforcement of the infringement penalty in respect of the infringement offence until the review is complete and the applicant is sent advice of the outcome.

An application for internal review may only be made once in relation to any one infringement offence in respect of the applicant. Apply here

Review outcome options

After reviewing an appeal council may:

  • Confirm the decision to serve an infringement notice and proceed with enforcement
  • Withdraw the infringement notice and serve an official warning in place of the infringement notice
  • Withdraw the infringement notice
  • Withdraw the infringement notice and refer the matter to the Court
  • Waive all or any penalty reminder notice fees
  • Approve a payment plan.

In the event of your application for internal review being unsuccessful, and to avoid additional Statutory Court costs, one of the following actions must be taken by the due date specified on the notice.

  • Payment must be made via one of the payment options available
  • Apply for a payment plan; email info@kingston.vic.gov.au quoting your infringement number and an application will be sent out
  • Elect to have the matter heard in Court (Magistrates’ or Children’s Court as applicable)
  • If you are eligible, an accredited organisation may apply to the Director, Fines Victoria for a Work and Development Permit on your behalf.  For further information contact WDP Operational Team at wdp@justice.vic.gov.au or telephone 1300 323 483.

Grounds for appeal – further explanation of Special Circumstances

If you were homeless, had a serious drug or alcohol addiction, had a mental or intellectual condition or were experiencing family violence at the time you received a fine, you may be able to claim special circumstances.

The term 'special circumstances' is defined in the Fines Reform and Infringements Acts.

Special circumstances may apply to you if at the time you got a fine:

  • you had a mental or intellectual condition, or a serious addiction to drugs or alcohol, that meant you either:
    • didn’t understand that the behaviour was against the law
    • Couldn’t control the behaviour that was against the law.
  • you were homeless and your homelessness meant that you couldn't control the behaviour that was against the law
  • You were a victim of family violence and that meant that you couldn't control the behaviour that was against the law.

Homelessness can include staying in crisis accommodation, living in transitional housing or sleeping rough.

Family violence can include abusive or threatening behaviour by a person towards a family member, as explained in the Family Violence Protection Act 2008.

Please note that not understanding the road rules does not satisfy the special circumstances provisions in the legislation. Drivers are expected to understand the road rules as a condition of their driver licence.

Parking Rules (Common parking offences)

Council recognises the need for effective traffic management with particular regards to the safety of all road users. Our parking and enforcement processes have been developed to provide a safer and fairer system for all.

Here is a simplified explanation of the most common parking rules and the associated offence types.

This is intended as a helpful guide only – please refer to the Victorian Road Rules for the specific wording. VicRoads also has a helpful explanation of parking rules.

Parking for longer than the time limit allows

Time-limited parking occurs in areas where there is high demand for parking spaces. Time limits ensure busy areas remain accessible for all drivers. Over-staying even a couple of minutes can result in an infringement. Should you need to stay longer, you must move your vehicle to another area.

The following reasons for over-staying are not valid grounds for the withdrawal of an infringement notice:

  • not seeing or misreading a sign
  • being delayed at a medical/business appointment or being in a hurry
  • not being familiar with the parking conditions
  • finding nowhere else to park
  • moving your vehicle directly from one parking space to another between the same parking signs
  • forgetting to move your car.

Drivers are encouraged to choose parking areas and time limits that allow enough time to attend to commitments (allowing for any delays) and make sure that their vehicles remain legally parked.

In a permit zone without a permit

In areas where parking is limited, we have set aside parking areas for residents, or other designated groups. You can only park in a Permit Zone if you correctly display the permit specified on the sign.  Parking your vehicle in those designated areas without a valid permit can result in an infringement.  It is the responsibility of the driver to check that the permit is clearly visible on the dashboard/ windscreen for others to see.

The following commonly presented reasons are generally not considered valid reasons to withdraw an infringement notice:

  • not displaying a valid permit
  • being delayed at an appointment or being in a hurry
  • not being familiar with the parking conditions
  • not seeing or misreading a sign
  • finding nowhere else to park
  • parking for a very short time without a permit.

Failure to pay (no valid ticket)

There are certain areas within the City of Kingston which require a fee to be paid that entitles you to park your vehicle without incurring an infringement. Drivers should be mindful of the parking signs and conform to those conditions.

Follow the sign to the correct machine, purchase a ticket and display it correctly. It is the responsibility of the driver to check that their purchased ticket/parking permit is clearly visible on the dashboard/ windscreen.

If the ticket machine is faulty, there are alternative methods of payment that can be used such as Pay wave/debit master card. In the City of Kingston where ticket machines operate, you can also pay for parking fees using the EasyPark app on your smart phone. For further information on EasyPark please visit https://easypark.com.au/

The following reasons are generally not considered valid for the withdrawal of an infringement notice:

  • believing that because the ticket machine was broken there were no restrictions
  • leaving the vehicle because you or a passenger needed to use the toilet
  • assuming the ticket machine was not working
  • being delayed at an appointment or being in a hurry
  • leaving the vehicle to get change or running out of change
  • making an error when using the ticket machine
  • parking for a very short time without payment

When parking in these areas, the onus is on drivers to ensure they have sufficient money to cover the cost of parking and that the time paid up for is sufficient to cater for their needs.

No stopping areas

‘No stopping’ means no stopping at all. No stopping zones are placed in high traffic and busy pedestrian areas, especially around schools, to protect the safety of pedestrians and to keep traffic moving.

No Stopping signs indicate that a vehicle must not stop in the area for any reason, or any length of time, even with hazard lights on, or with occupants in the vehicle. The onus is on the driver to adhere to the parking restrictions at all times, regardless of whether they appear appropriate or cater to the driver’s needs. Stopping to let someone out, or into a car, regardless of whether you leave the engine running or stay in the vehicle, is not allowed in a no stopping area.

The following commonly presented reasons are generally not considered valid for the withdrawal of an infringement notice:

  • stopping for a very short time
  • dropping children off late for school
  • stopping to let a passenger in or out for any reason such as bad weather
  • finding no room at the school pick-up/drop-off area
  • stopping to make a quick delivery or collection
  • stopping to answer your mobile phone.

Loading zone/taxi zone/bus zones

Loading Zone

Only eligible vehicles can use Loading Zones when picking up or dropping off passengers or goods. These vehicles include taxis, buses, trucks, vans, utes and other vehicles used for delivery that have permanent signs fixed to both sides of the vehicle. Magnetic signs are not permitted.

Regular passenger vehicles can’t stop in a Loading Zone, even if loading or unloading. 

If the sign has no time limit, a default limit of 30 minutes applies for eligible vehicles.

Taxi and Bus Zones

Taxi and Bus Zones are reserved for the exclusive use of buses and taxis. Other vehicles, including Ubers, can’t stop in these zones, even for a short period of time.

The following commonly presented reasons are generally not considered valid for the withdrawal of an infringement notice:

  • stopping a privately registered vehicle to drop off or pick up passengers or goods
  • finding nowhere else to park
  • stopping for a very short time
  • stopping to answer your mobile phone.

Other parking restrictions  

Stopping in parking area for people with disabilities

You can only park in an area for people with disabilities if you are the holder of a valid parking permit for people with Disabilities, or are transporting the permit holder and correctly display the permit. The time limit is shown on the sign and your permit does not extend this time. If you do not have this permit correctly displayed then you may be issued an infringement.

Unsigned restrictions

A vehicle must not stop if it is:

  • double-parked
  • inside an intersection
  • across a lane or private driveway
  • on the wrong side of the road
  • on a footpath, reserve or nature strip
  • in a bus or transit lane
  • obstructing the flow of traffic or leaves less than 3 metres of road clearance for traffic to pass
  • opposite a continuous solid white line, unless there is 3 metres of road clearance between your car and the line for traffic to pass
  • within 10 metres of an intersection
  • next to a continuous yellow line on the edge of the road

Non-valid appeal reasons

The following commonly presented reasons are generally not considered valid for the withdrawal of an infringement notice:

  • being a resident, ratepayer or local employee or business owner (unless holder of valid parking permit conditions  apply for that area location)
  • not understanding or misreading the parking signs
  • being a first-time parking offender
  • not understanding or knowing about the parking restriction

More information

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