Appeal an Infringement

If you have received an infringement, you may submit a written request or appeal in relation to the issuing of the infringement notice. An appeal is formally known as an internal review and all of the requirements for an internal review are outlined in the Infringements Act 2006.

If you are lodging a request for an internal review, please do not pay your infringement. 

A person who is issued with an infringement notice is legally only entitled to apply for one internal review.

If you have questions, please call the Internal Reviews team at 1300 850 600 or email them at customerservice@mornpen.vic.gov.au.

How to lodge an appeal

Step 1.Check 'Things to Consider Before Appealing'

Many enquiries such as a request for photos of a parking offence or telling the Shire you were not driving at the time can be answered by checking our 'Things to Consider' section below.

Step 2.Check the information on legal grounds for appeal

You must include a legal ground as well as your reason for your Internal review request. The legal grounds for a review are set out below under 'Grounds for Appeal'. 

Step 3.Apply in writing

A request for an internal review must be lodged in writing. The Shire cannot accept appeals via phone.

Council is currently transitioning to a new parking infringement management system. Whilst this change takes place, your appeal lodgement site will be determined by the type of infringement and the date it was issued.

For parking infringements issued prior to 25 November 2024

Lodge an Internal Review

For parking infringements issued on or after 25 November 2024

Lodge an Internal Review

For all other infringement types

Lodge an Internal Review

You can also lodge an Internal Review by post to Mornington Peninsula Shire, Private Bag 1000, Rosebud, Victoria, 3939

Step 4.What to include

  • The infringement number.
  • The name of the person applying. If you're not the person named on the infringement, you must include written authorisation from the person named on the infringement.
  • If the infringement is issued to a company, you must provide written authority on company letterhead from the Director/s giving permission for you to request a review.
  • A physical residential or business address to post the letter advising the outcome of your appeal. A PO Box is not permitted.
  • The specific legal ground for your review
  • The reason why you believe that the Shire should review your infringement notice.
  • Any additional documentation in support of your appeal.
  • Please note that if any of the required information or documentation is missing from your application, the Shire will provide you with the opportunity to re-submit/rectify your request. Your appeal will be considered legally received on the date that it is re-submitted/rectified.

Step 5.Confirmation of your submission

If you have lodged your appeal through our online portal, you will receive confirmation to your nominated email address that your appeal has been submitted. If you have emailed your appeal, you will receive an automatic reply confirming your appeal has been submitted.

The Appeal Process

Step 1.Appeal Received by the Shire

Once your appeal is received, your infringement will be placed on hold and no additional costs will be incurred during this time. The Shire has 90 days from the date the appeal is received to conduct an infringement review. However, this may be extended if further information is requested from you. You will be notified in writing of the outcome of your appeal within 21 days of a decision being made. 

Step 2.Review of Your Infringement

Council may request more information from you regarding your appeal. If this is not provided within 14 days of the request, a decision may be made on your appeal without the requested further information.

Step 3.Notification of the Outcome

Once a review has been completed you will receive a letter in the mail notifying you of the outcome of your appeal. Possible outcomes of your review request include a decision to:

  • Confirm the decision to serve an infringement notice
  • Withdraw the infringement notice and issue an official warning
  • Withdraw the infringement notice and take no further action

Step 4.Further Options

If your appeal was not successful, a new due date for the infringement will be included in the letter, along with further options available to you which may include:

If you wish to pay the infringement, please ensure you make payment in full before the new due date. If you wish to exercise any of these options, you must contact the Shire in writing with your request before the due date.

Things to Consider Before Appealing

1. If you have received a parking infringement, have you viewed the photographs online?

You should view the photos online first to ensure you understand why the infringement was issued.

2. Has the infringement been issued to you or someone else?

Only the person named on the infringement can request a review. If you are not named on the infringement, you will need to provide written authorisation from the person named on the infringement along with your review request.

3. Was someone else driving your vehicle at the time that the offence was committed?

You may choose to nominate another person as responsible for the offence by submitting an online Driver Nomination Form. Alternatively, you can download a copy of our Nomination Form(PDF, 831KB).

4. Is your infringement overdue?

An appeal can only be lodged with the Shire before the due date on the infringement notice or on the penalty reminder notice. The Shire cannot accept an appeal after an infringement has been referred to Fines Victoria.

5. Have you already requested a review of the infringement?

Only one request for the review of an infringement may be made to the Shire.

Grounds for Appeal

An application for internal review must include a reason for the review, which must be based on one of the following legal grounds:

1. Exceptional Circumstances

The offence was reasonably unavoidable due to unforeseen or unpreventable circumstances in a one-off situation, eg a medical emergency, or your vehicle broke down. The applications should be accompanied by supporting evidence where appropriate, examples include:

  • Medical evidence/a letter from a treating practitioner
  • Invoices/receipts
  • An invoice from a mechanic for repairs made to a vehicle
  • A statutory declaration
  • Travel documents

2. Contrary to Law

You believe that the decision to serve the infringement notice was unlawful, eg the infringement notice is not valid because it is incomplete. This does not include circumstances where there is a minor defect on the infringement notice, such as the incorrect colour of a vehicle. Section 167A of the Infringements Act 2006 provides that an infringement is not void only because of a minor defect.

These applications should be accompanied by supporting evidence where appropriate, examples include:

  • Photos of parking signage
  • Witness statements
  • Other evidence to establish facts

3. Special Circumstances

When considering an appeal under Special Circumstances, the Shire needs to be satisfied there is a connection between the condition or circumstance you suffer from and the offending behaviour.  The categories of Special Circumstances are legally defined in the Infringements Act 2006. 

Special Circumstances may apply if you:

  • Have a mental or intellectual condition, or a serious addiction to drugs or alcohol that may mean you are unable to understand the offence or behaviour was against the law, or unable to control the behaviour that was against the law
  • If you were experiencing homelessness at the time of offence
  • If you were experiencing family violence which resulted in you being unable to control the behaviour which constitutes an offence
  • Have a long-term condition, that does not solely or predominantly relate to financial circumstances, which makes it impracticable for you to pay the infringement penalty and any applicable fees or otherwise deal with infringement notice

To support an appeal under Special Circumstances, you should provide any reports, letters, statements, statutory declarations, police reports, or family violence safety notices that outline the condition you suffer from and how this is linked to the offending behaviour you have received the infringement for. A range of individuals can provide evidence for you for an application on these grounds including professionals and practitioners. This report must state how long you have been engaged with this practitioner for. In addition to a report from a professional, evidence that you receive assistance through the National Disability Insurance Scheme (NDIS) or a Disability Support Pension may also be included.

For more information on appealing an infringement under Special Circumstances, please see the Fines Victoria website.

4. Person Unaware

Appeals under this ground must be made within 14 days of you becoming aware of the infringement and must provide evidence (eg, failure to change registered vehicle address with VicRoads). 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.

5. Mistaken 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. For example, someone provided your licence or gave your details to police, or you have the same name as another person or family member and the wrong person received the fine.

This ground does not apply where a parking infringement was issued and someone else was driving your vehicle. In these circumstances, you will need to provide the Shire with a completed Infringement Nomination Statement(PDF, 831KB).

Contact Us

Offices: Find your nearest Shire Office

 

Postal Address: Private Bag 1000 Rosebud, Victoria, 3939

 

Email: customerservice@mornpen.vic.gov.au

 

Phone: 1300 850 600

 

Hours of Operation: Service centre and connection point operating hours and days vary by location.

Receive a parking fine but you weren't the driver?

Have you received a parking infringement, but you weren't driving the vehicle at the time?

Nominate another responsible party

What is an internal review?

An Internal Review is the formal name for the legal process most people know as an appeal. An Internal Review is undertaken by the enforcement agency (Council) who issued the infringement.

Who can undertake an Internal Review?

The Shire has an independent review team who are authorised under the Infringements Act 2006. The Internal Review Team are independent of the enforcement team that have issued the infringement to ensure each infringement review is conducted independently and gives consideration to the legal grounds and reasons provided in the application.

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