Key Takeaways
- Prompt action is crucial to manage parking fines and avoid additional penalties.
- In Victoria, parking fines are issued by various authorized personnel but not by private companies.
- Challenging a fine is possible through a review, especially in cases of error or special circumstances.
- Fines may be waived if there are issues with parking meters or ticket machines.
- Legal support can be sought from organizations like Victoria Legal Aid and community legal centers.
Receiving a parking fine can be stressful, but acting promptly is essential to avoid additional charges, court appearances, or suspension of your license or vehicle registration. This guide outlines how to manage and resolve parking fines effectively in Victoria, your rights, and available options.
What Constitutes a Parking Fine?
A parking fine is issued when you:
- Park or stop in a location where it is prohibited.
- Remain parked beyond the allowed time limit.
- Engage in activities not permitted in specific areas.
Who Can Issue Parking Fines?
Parking fines in Victoria may be issued by:
- Police officers.
- Protective Services Officers.
- Authorised council, government, or VicRoads officers.
Tip: You can request the issuer’s identification card to verify their authority. It should include:
- A photo of the issuer.
- Their signature.
- The signature of their authorising officer.
Can Private Companies Issue Parking Fines?
Private car park operators cannot issue official parking fines. Only authorised government agencies have this authority. Instead, private operators may issue ‘breach of contract’ notices, claiming payment for not adhering to posted parking terms.
Steps to Handle Private Parking Notices:
- Review the Terms: Check the posted terms and conditions in the parking area.
- Request Revocation: If you did not breach terms, request the notice to be revoked and provide supporting evidence, such as photos or tickets.
- Escalate to VCAT: If the issue persists, escalate the matter to the Victorian Civil and Administrative Tribunal (VCAT). Note that costs may apply.
Parking Fines at Melbourne Airport
Airport parking infringement notices at Melbourne Tullamarine Airport are issued under the Airports (Control of On-Airport Activities) Regulations 1997 by Australian Pacific Melbourne (APAM).
Key Points:
- Airport parking is governed by Australian law, not Victorian law.
- Ignoring airport-issued fines can result in the matter being escalated to the Magistrates’ Court of Victoria.
Challenging a Parking Fine
If you believe a parking fine is unjustified, you can request a review from the issuing agency.
Common Grounds for Review:
- Mistake: The fine was issued in error.
- Responsibility: You were not responsible for the offence.
- Unaware of the Fine: If you did not receive the fine directly or your address was not updated within 14 days of moving.
- Exceptional Circumstances: Medical emergencies or vehicle breakdowns.
- Special Circumstances:
- Mental health issues or intellectual disabilities.
- Serious addiction to drugs or alcohol.
- Homelessness or family violence.
Additional Considerations:
- Broken Meter or Ticket Machine: Parking fines may be waived if a meter or ticket machine was faulty, though signage rules still apply.
- Incorrectly Issued Fines: Gather evidence such as photos of the car, parking area, and relevant signs, as well as valid tickets or receipts.
Fines for Minors
Individuals under 18 may benefit from a more flexible process, potentially resulting in reduced fines. For assistance, consult Youthlaw’s resources on fines for minors.
How to Apply for a Fine Review
- Contact the Issuing Agency: Write to the agency listed on the infringement notice, explaining why the fine should be reviewed.
- Provide Evidence: Submit supporting documents, such as photos or medical certificates.
- Seek Legal Advice: Consult legal aid or community legal centres before submitting your application.
Timeline: Agencies must respond within 90 days. If the fine is not cancelled, you can:
- Pay the fine by the new due date.
- Request a payment plan.
- Apply for a Work and Development Permit.
- Challenge the fine in the Magistrates’ Court.
Key Legislation
- Road Safety Road Rules 2017: Comprehensive parking regulations.
- Infringements Act 2006: Governs the fines process.
- Fines Reform Act 2014: Outlines fines management and enforcement.
- Airports (Control of On-Airport Activities) Regulations 1997: Governs airport parking and fines.
Support and Legal Resources
If you need assistance, consider these resources:
- Victoria Legal Aid: Legal advice and representation for fines disputes.
- Community Legal Centres: Free legal support for eligible individuals.
- Fines Victoria: Manage fines, apply for reviews, or set up payment plans.
- FineFixer: A tool to help manage and resolve fines.
Contact Pentana Stanton Lawyers
Managing parking fines can be complex, especially when disputes arise. Pentana Stanton Lawyers offers expert legal advice and representation to ensure your rights are protected. Whether you need assistance with reviews, appeals, or court representation, our experienced team is here to help.
Visit Pentana Stanton Lawyers or contact us today for a consultation tailored to your circumstances.
