Infringements and Fines

The Shire may issue an infringement for a number of different reasons. Once an infringement is issued it will follow a specific process. There are a few actions you can take if you have received an infringement.

Pay online

Pay an infringement

You can pay your infringement:

  • Online: pay online Please note: Parking Infringements may only be paid online the next business day from the date of issue
  • Phone: using a credit or debit card over the phone by calling the Shire on 1300 850 600
  • In person: at any one of the Shire Offices
  • By mail: post a cheque or money order to the Mornington Peninsula Shire at Private Bag 1000, Rosebud, Victoria 3939

The Infringement Process

Step 1.An Infringement Notice is Issued

You may receive an infringement in person or it may be posted to you. Once the infringement has been issued you will have 21 days (or 28 days in the case that the infringement is posted to you) to pay the infringement, appeal the infringement or elect to have the infringement heard in the Magistrate's Court.

Step 2.A Penalty Reminder Notice is Sent

If no action is taken after the initial 21 days then a penalty reminder will be sent. There will also be an additional cost incurred. You will have a further 21 days to pay the infringement, appeal the infringement or elect to have the infringement heard in the Magistrate's Court.

Step 3.The Infringement is Referred for Further Enforcement

If there has still been no action taken after the further 21 days given with the Penalty Reminder Notice, the infringement will then either be registered with Fines Victoria or referred to the Magistrates Court.

In the case where the infringement has been registered with Fines Victoria, you will receive a notice of final demand and additional costs will be incurred. At this stage, the infringement can no longer be dealt with by the Shire and you will need to deal directly with Fines Victoria.

In the case that the infringement is referred to the Magistrates Court, you will receive a summons in the mail.

Requesting an Extension of Time/Payment Plan

Step 1.Request an Extension

The Shire is unable to accept the part payment of infringements in installments, however if you are unable to pay the infringement by the due date you can request an extension of time to pay.

You may request an extension online 

Apply Online

OR you may request an extension in writing, by phone or in person at any of the Shire offices, view our contact details.

Step 2.You Will be Notified of the Outcome

You will receive something in writing within 12 days of your request advising whether or not the extension has been approved and, if it has, the new due date for payment of the infringement. Extensions will generally be granted for a period of one month.

Appealing an Infringement

Step 1.Lodge your appeal

If you receive an infringement, you may make an application for internal review. Appeals must be made to the Shire in writing and only one appeal can be considered for an infringement.

When appealing an infringement, please remember to include:

  • The infringement number
  • An address for the response to be posted to
  • The grounds under which you are appealing (as listed below)
  • Any evidence pertaining to your appeal

An application for internal review may be made on any of the following grounds:

  • The Infringement was issued contrary to the law

The person believes that the decision to serve the infringement notice was contrary to law.

  • There was a case of mistaken identity

The infringement was issued to the incorrect person. This ground is not available in circumstances where a parking infringement was issued, however the owner of the car was not driving at the time. In this circumstance the owner of the vehicle must fill out a nomination statement(PDF, 831KB). Appeals under this ground should include supporting evidence where appropriate.

  • The infringement occurred as a result of special circumstances

The person who received the infringement suffers from:

  1. A mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness results in the person being unable;
    1. to understand that conduct constitutes an offence OR
    2. to control conduct that constitutes an offence
  2. A serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction results in the person being unable;
    1. to understand that the conduct constitutes an offence OR
    2. to control conduct which constitutes an offence
  3. Homelessness where the homelessness results in the person being unable to control the conduct which constitutes an offence
  4. Family violence within the meaning of section 5 of the Family Violence Protect Act 2008 where the person is a victim of family violence and family violence results in the person being unable to control conduct which constitutes an offence.

Please note, if family violence contributed to you receiving the fine, the Family Violence Scheme may apply to you. Please see the Fines Victoria website for more details.

Applications for internal review on the grounds of Special Circumstances should include supporting evidence.

  • The infringement occurred as a result of exceptional circumstances

The infringement was issued, however the offence was reasonably unavoidable due to exceptional circumstances. This ground covers one off situations such as medical emergencies, vehicle breakdown etc. Appeals under this ground should include supporting evidence where appropriate.

  • The offender was unaware that the infringement was issued

The person was unaware that the infringement notice had been served. Appeals under this ground must be made within 14 days of the person becoming aware of the infringement and evidence of this must be provided. Please note that, unlike the other grounds for appeal, this is not grounds for the infringement to be withdrawn. A successful appeal under these grounds will allow for further time to deal with the infringement (which may include further review under any of the grounds above, or taking any other action available upon the issue of an infringement).

Lodge Your Appeal Online

OR you may post or email your appeal directly to the Shire

Step 2.Review of Your Infringement

Once your appeal has been received your infringement will be placed on hold and no further action will be taken until the review has been concluded. Council may request further information from you with regards to your appeal. If this is not provided within 14 days of the request, a decision may be made on your appeal without any further information.

Step 3.Advice of the Outcome

Once a review has been completed you will receive a letter notifying you of the outcome of your appeal. If your appeal was not successful the due date of the infringement will be extended and you will be advised of the options available to you.

Request a Photo

Step 1.Request a Photo

You can request photos taken at the time of a parking offence using the online form, or by emailing your request. For email details, please see our Contact Us page. Please make sure to include your infringement number, vehicle registration and date of infringement.

Lodge Online Request

Step 2.Photos will be sent

If there are photos available for the offence these will be provided within 12 working days of the request. These may be posted or emailed to you.