In Short
-
Do not argue with the issuer or pay the fine if you intend to contest it.
-
Initiate an internal review by submitting a written explanation with supporting evidence.
-
If the review is unsuccessful, assess the merits and costs before deciding to take the matter to court.
Tips for Businesses
If you believe a parking fine was issued in error, act promptly. Begin by requesting an internal review, providing clear evidence such as photographs or receipts. Should the review not resolve the issue, consider whether the time and potential costs of court proceedings are justified. Consulting a legal professional can offer guidance on the strength of your case and the best course of action.
Statistics show that even though only a small percentage of parking tickets in Australia are contested, your chances of successfully contesting a parking ticket could be almost 50%. Recently, there has been a 31% increase in the number of people choosing to contest a range of parking fines in court, with an average of one in five people successfully contesting their parking ticket. A key factor limiting parking ticket appeals is the absence of clear legal knowledge and guidance around the appeal process. This process covers five key steps you should follow if you have received a parking ticket and believe you have a strong chance of achieving a successful appeal.
1. Do Not Argue With the Issuer
Generally, once a parking ticket has been issued, the person issuing the ticket cannot cancel it. Therefore, there is no point arguing about it. There are, however, other things you can do if a parking ticket is issued and you wish to challenge it.
2. Do Not Pay the Ticket
If you receive a parking ticket and want to challenge it, you must not pay it. If you pay it, then you cannot challenge it later.
Generally, the following information must be provided:
- name and address;
- infringement or penalty notice number;
- details of offence from infringement or penalty notice;
- vehicle registration details;
- an explanation of why the infringement or penalty notice should be reviewed; and
- evidence to support your explanation (which may include photos that show the date and time when they were taken).
3. Consider Taking the Matter to Court
If an internal review is unsuccessful, then you will need to determine whether to accept the parking ticket and pay it or take the matter to court.
In deciding whether to take the matter to court, you will need to consider whether, given the time that it will take to challenge the parking ticket, it is worth it. Regardless of whether your challenge is successful or unsuccessful, you will need to take time off work, and you may incur additional costs if you are unsuccessful.
This guide provides key information on how to manage a business dispute as quickly and cost-effectively as possible.
4. Form Your Argument
There are many reasons why you may challenge a parking ticket in court, including that:
- the ticket is invalid due to, for example, containing an error in the date, time, location or vehicle registration details;
- you paid for parking or were not parked illegally and therefore did not commit an offence;
- the parking meter was faulty;
- there were unclear and/or obscured road signs or line markings;
- you have a valid parking permit that was displayed;
- the penalty specified on the parking ticket exceeded the amount prescribed by law;
- you were involved in a medical emergency;
- your vehicle was broken down at the time of the offence;
- your vehicle was taken without your consent (e.g. stolen);
- you were in a loading zone and were setting down or picking up goods and/or passengers;
- you were authorised to park there and have a permit indicating this; or
- you were not the owner of the vehicle on the date of the offence.
5. Consider Speaking to a Lawyer
Many people find attending court a daunting experience and are therefore best represented by a lawyer with experience appearing in court. However, you are not required to attend court with a lawyer. Generally, if you are properly represented by an experienced and qualified lawyer, then this increases your prospects in achieving a better outcome.
Key Takeaways
If you receive a parking ticket and believe it was issued unfairly, do not argue with the issuer or pay the fine before challenging it. Begin by requesting an internal review from the issuing authority, providing a clear explanation and supporting evidence. If the review is unsuccessful, you may choose to contest the ticket in court. However, you should weigh the time, cost, and likelihood of success. Valid grounds for appeal include incorrect details, unclear signage, valid permits, or emergencies. Legal advice is not required, but it can improve your chances of achieving a favourable outcome.
If you are contesting a parking ticket, our experienced dispute resolution lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
No. Once you have paid a parking ticket, you are considered to have accepted liability and cannot challenge it later. If you intend to contest the fine, you must avoid making payment and instead follow the internal review or court process as soon as possible.
You should provide detailed evidence to support your case, such as photographs showing signage or the scene, receipts proving payment, a copy of your valid permit, or a mechanic’s report if your car broke down. The stronger and more relevant your evidence, the better your chance of a successful outcome.
We appreciate your feedback – your submission has been successfully received.
