If you have been issued with an infringement notice and believe that you have a legal defence, an exemption from the law, a reasonable excuse or there is an error on the infringement notice, you may appeal to have the infringement notice waived.
Infringement notices are only cancelled or withdrawn in extraordinary circumstances. Council reserves the right to refuse to cancel or withdraw an infringement notice at its discretion.
Ignorance of the law and financial difficulties are not considered valid reasons for the withdrawal of an infringement notice.
All appeals must:
- be in writing,
- from the person issued with the infringement notice, and
- contain the persons name, residential address and infringement notice number.
It should include copies of supporting documentation where applicable, e.g. a receipt for mechanical repairs, copies of valid permits, etc., and be lodged within 28 days of the date of issue of the infringement notice.
Statutory declaration (vehicle related offences)
Council may issue an infringement notice to the owner of any vehicle that is found in breach of the stopping and parking provisions of the Transport Operations (Road Use Management) Act 1995, Transport Operations (Road Use Management - Road Rules) Regulations 2009 and Council Local Laws.
In cases where the owner was not the driver or was not in charge of the vehicle at the time of the alleged offence, the owner may lodge a Statutory Declaration to Council stating the circumstances and provide the name and address of the person who was driver or new owner of the vehicle.
The statutory declaration must:
- be submitted in writing within 28 days of the date of issue of the infringement notice,
- be witnessed by a Justice of the Peace or Commissioner for Declarations,
- state the name and current address of the person in charge of the vehicle at the time of the alleged offence, and
- include the infringement notice number and vehicle registration details.
If satisfied with this information, Council may withdraw the infringement notice and may issue a new infringement notice to the person nominated as being in charge of the vehicle at the time of the offence.
Court hearing election
An alleged offender can request to have the matter dealt with by a Magistrates Court.
A court election can only be submitted by the alleged offender and must be submitted in writing.
The Election for Court Hearing Notification should be completed on the rear of the infringement notice and returned to Council within 28 days from the date of issue of the infringement notice.
Council will then arrange for a court date and will serve a summons on the recipient of the infringement notice by registered post to attend court.
If the recipient does not appear on the date set for the court hearing, the matter may be heard in their absence. If found guilty of the offence, the recipient may be fined and required to pay additional costs.