Dispute an Expiation
Want to dispute your expiation but not sure if you have a valid reason? Select the Rule noted on your ticket and you will find information on that Rule and explanations on how you could dispute.
All expiations are normally responded too within 10 working days. Please be assured you will receive a reply in due course. Expiation Notices will be placed on hold and no further action taken until the response is sent to you.
How To Proceed With Your Dispute
Don’t delay payment just because you can’t decide what to do. Failure to pay or take any other action within 28 days will result in late fees being added to the original expiation fee. If you believe there is a good reason for you not to pay the expiation, you can:
- You can submit an objection online by opening the Parking Expiation Dispute Lodgement.
- Call our Customer Centre during office hours on 8551 0500 to explain your objection. You will need to have your infringement number or vehicle registration.
- If you were not the driver at the time of the alleged offence, you can complete and forward a Statutory Declaration with the full name and address of the person who was driving.
- Write or email the City of Victor Harbor, PO BOX 11, Victor Harbor 5211, or email@example.com explaining your objection. Please include your contact details, the Infringement Notice Number and the vehicle registration.
- Have your case heard by a court. You can choose to have your matter dealt with in the Magistrate’s Court by notifying the The City of Victor Harbor PO BOX 11, Victor Harbor 5211, or firstname.lastname@example.org.
167 - Contravene No Stopping Sign
Vehicles are not permitted to stop in No Stopping Zones regardless of the circumstances involved.
To 'stop' a vehicle means to allow the vehicle to be stationary, regardless of whether the vehicle is attended or the engine is running. This applies even if the vehicle is only stationary for a few moments while passengers are exiting or entering
(No Stopping Sign)
194(1) - Stop with 1 metre of a Fire Hydrant or Fire Plug
In accordance with the Australian Road Rules, vehicles are not permitted to be parked within 1 metre of a fire hydrant, fire hydrant indicator or fire plug indicator under any circumstances.
The only exceptions are public buses stopping in a bus zone and taxis which are in the act of picking up or dropping off passengers.
168(1) - Contravene No Parking Sign
Where No Parking (Passenger Loading) signs are present, a vehicle may only be stopped to immediately pick up or drop off passengers or goods. However, the vehicle must not be left unattended (the driver must be within 3 metres of the vehicle) and the vehicle may only remain stationary for a maximum of 2 minutes or such other time as indicated on the signs.
To be entitled to this concession, the vehicle must display permanent or magnetic signs on both sides of the vehicle which state the business or company name or courier sign. The signs must be at least 50mm high and able to be read from a distance of 5 metres. The 'Using a No Parking Zone' pamphlet provides additional information about this concession.
186(1) - Stop in a Mail Zone
A driver must not stop in a Mail Zone under any circumstances unless they are the authorised driver of an Australia Post Vehicle.
185(1) - Stop in a Permit Zone
A driver must not stop in a Permit Zone unless the vehicle clearly displays a valid Permit for the location in question. A vehicle can be reported for this offence if the Permit is not correctly displayed, is expired or not valid for the particular zone.
(Permit Zone Sign)
197(1) or 179(2) - Loading Zone
Loading Zones are available for a maximum of 30 minutes (or such other time as is indicated on the Loading Zone signs) to:
- The driver of a commercial vehicle that is dropping off or picking up goods A commercial vehicle is a vehicle constructed solely or mainly for the carriage of goods (including utilities, but not including station wagons)
- The driver of a public bus or truck (over 4.5 tonnes GVM) that is dropping off or picking up passengers.
- Taxi that is dropping off or has been hailed to pick up passengers, provided the driver does not leave the Taxi unattended.
182(1) - Stop in a Taxi Zone
Unless the vehicle is a Taxi, all vehicles are prohibited from stopping in a Taxi Zone, regardless of the circumstances or time element involved.
210 - Fail to Angle Park in Accordance with Rule 210 - Rear to kerb
Under Rule 210 of the Australian Road Rules, where a driver is required to angle park by a sign or road markings, if the angle of parking indicated is anything less than 90? (but not parallel), the driver must park on the side of the road with the rear of the vehicle nearest to the traffic. There is no legislative requirement for this to be indicated on the signs.
208(8) - Park too close for other vehicles
Drivers must position the vehicle so that it does not unreasonably obstruct the path of other vehicles or pedestrians.
208(5) - Park to close to a vehicle or behind - 1 metre
When parking parallel to the kerb, drivers are required to position their vehicle at least 1 metre from the closest point of any vehicle in front or behind.
208 -Fail to park facing the direction of travel
Fail to park parallel and close left on a 2-way road or fail to park facing direction of travel on a 1-way road
Two-Way Road - When vehicles are required to be parked parallel to the kerb on a two-way road, the vehicle must be parked facing the direction of the traffic flow on the far left side of the road.
One-Way Road - When a vehicle is required to be parked parallel to the kerb on a one-way road, the vehicle must be parked facing the direction of the traffic flow, regardless of which side of the road the vehicle is parked
The requirement to park in the correct manner is absolute, and is not at the driver's discretion.
201 - Contravene Bicycle Parking Sign
Only bicycles are permitted to park in areas indicated to Bicycles only.
202 - Contravene Motor Bike Parking Sign
Only motorbikes and scooters (vehicles with 2 or 3 wheels) are permitted to park in areas signed Motor Bikes Only
198(2) - Stop on a driveway
Drivers are not permitted to stop with any part of the vehicle on or across a driveway.
207(2) - Fail to Obey Instructions - Ticket Displayed Incorrectly
It is a requirement of use for Ticket Parking Zones that the Ticket must be displayed in the passenger?s side of the vehicle, in such a manner that it is clearly visable to anybody standing alongside the vehicle (preferably on the dashboard, adjacent to the registration label).
Care should be taken to ensure that all of the information is visible and that the Ticket does no blow from the position when closing vehicle doors.
The Instructions for Parking are clearly displayed on all Ticket Machines.
207(2)(a) - Fail to Pay Parking fee - Ticket Expired
Motorists are required to ensure that the vehicle is removed from the zone before the expiry time indicated on the Ticket.
205 - Contravene Permissive Parking
Exceeding the time limit
Under the provisions of the Australian Road Rules, a vehicle parked in a Time Limit Zone must be moved entirely out of that area (meaning: that length of carriageway) when the time limit expires. Extensions of time in such zones cannot be obtained by simply moving the vehicle from one parking bay to another within the same area.
Possible List Of Reasons for Disputing a Expiation Notice
Broken Down Vehicle
If the vehicle was parked due to a vehicle malfunction, the Council may reconsider the Expiation Notice providing that immediate action was taken to resolve the malfunction and rectify the situation. It is not acceptable for a vehicle to remain parked until such time that it is convenient to deal with the situation.
If your vehicle was parked due to a malfunction, and immediate reasonable action was taken to resolve the situation, for reconsideration please confirm the circumstances by providing:
- Documentation (ie. dated receipts) for work carried out specific to the breakdown of the vehicle, or
- A statement from the RAA, or similar service provider, confirming assistance was sought and obtained on the occasion in question.
If the Expiation Notice was incurred while vehicle was parked for the purpose of:
A hospital or emergency room admission –
Was the hospital or emergency room admission due to:
(1) an emergency situation – If the vehicle is parked due to the driver or passenger requiring emergency admission into hospital, an Expiation Notice may be reconsidered if the hospital considers that a serious medical emergency existed at the time which justified parking illegally. If the emergency admission was to:
- Hospital, Doctor or other medical centre will confirm the circumstances of the situation to the Council only if the patient or the child’s parent or legal guardian provides written authority to release information . Please contact the medical centre for written evidence of the situation and attach any additional explanation or details.
- Written confirmation from the doctor or management (letters from social workers or nurses are not sufficient for this purpose), or
- Copy of admission and/or discharge forms.
(2) referral or scheduled/prearranged admission – If the admission into hospital is pre-booked or referred, it is the responsibility of the driver to park in a location which is suitable for the purpose involved. Expiation Notices incurred in such circumstances will not be reconsidered.
- Due to a medical appointment
As appointments are prearranged and it is common for medical appointments to be delayed for unforseen circumstances, it is the responsibility of motorists to park in an area sufficient for the purpose involved. It is recommended that motorists park in area which seems generous so that they do not risk an Expiation Notice is the appointment is delayed.
Instructed to Park by Police
If you were instructed by a Police Officer to park the vehicle in the position where it was reported, please provide written confirmation from the Officer or Station involved.
Signs missing or damaged
The Council often installs signage well in excess of the minimum requirement. Therefore, if one of the signs covering the area is damaged or missing, in most instances there will be sufficient signage remaining in place to indicate the restriction. Many zones are only required to be indicated by one sign, however if the zone is long enough to require additional signs, they may be situated up to 75 metres apart. Zones are often interrupted by prohibited areas such as those associated with crossing places, driveways or fire hydrants. If road markings show continuity, the zone continues until a sign marking the end of the area, a yellow edgeline or the end of the street.
Drivers are required to make a conscious effort to look for restrictions which may require physically searching for signs. If all signs advising of the restriction are missing or damaged beyond legibility, you can apply to the Council for the area to be inspected and your Expiation Notice to be reconsidered. Any photos you have of the area would be of assistance.
Signage obscured by foliage:
Due to the presence of street side trees there will be instances when foliage is situated between motorists and parking control signs. Providing the presence of the sign post is evident, motorists should make a physical effort to establish the controls indicated on the sign, or check the area for other signs. If all signs covering the zone, or on the length of road are completely obscured, you can apply to the Council to have the area inspected and your Expiation Notice to be reconsidered. Any photos you have of the area would be of assistance.
Circumstances preventing me returning to the vehicle were beyond my control.
For example: stuck in broken down elevator.
If you were unable to return to your vehicle within the time limit specified due to reasons which were beyond your control, you can apply to the Council for reconsideration. Relevant documentation to confirm the circumstances is required. Eg, if you were trapped in a broken down elevator, please provide an official letter from building management.
Please note that being delayed at an appointment is not grounds on which to cancel Expiation Notices. As appointments are prearranged and it is common for for such matters to be delayed or run overtime, it is the responsibility of motorists to park in an area sufficient for the purpose involved. It is recommended that motorists park in area which seem generous for the purpose involved so that they do not risk an Expiation Notice is the appointment is delayed.
Delayed at medical appointment or at court
It is a common experience for delays to occur when attending medical appointments at any hospital or medical facility, and we always recommend that drivers make generous allowances in anticipation of any delay.
Due to the fact that no one can predict how long they will be needed by the Court, the Supreme Court has stated that any person with business at the Court (such as jurors, plaintiffs, witnesses, etc) should not park their vehicle in short term or restricted areas. Unrestricted or off-street car parking is recommended. Accordingly, the above reasons are not grounds on which to cancel the Expiation Notice.
May we suggest to ensure that you do not risk receiving an Expiation Notice when attending such matters in the future, that if you are unable to locate a suitable long term park on-street within a reasonable distance, off-street car parking may be used.
I have a Disabled or TPI Permit
The location which the vehicle was reported is private property which is patrolled by the City of Victor Harbor at the request of the owners under the Private Parking Areas Act. The concessions granted by these permits for on-street parking also applies in these privately owned car parks.
Bearers of a Disabled Permit are permitted to:
- park in area which displays the disabled symbol for the amount on time indicated on the signs,
- park in any time limit zone for the specified timelimit plus additional time.
Care should be taken to ensure that you do not park in areas which do not provide any concession, such as
- Loading Zones (Disabled Permits do not allow the same time concessions in Loading Zones, as such areas are exclusively for loading/unloading purposes)
- Permit Zone which do not display the disabled symbol (these zones are for different types of permits)
- Any area were parking is not permitted, such as No Stopping Zones, Taxi Zones, Bus Zones etc.
Bearers of a TPI Permit which are valid for the current year are permitted to:
- park in any time limit zone for the specified timelimit plus additional time.
- park in any ticket parking area provided the driver of the vehicle purchases a ticket.
Care should be taken to ensure that you do not park in areas which do not provide any concession, such as
- Loading Zones (TPI Permits do not allow the same time concessions in Loading Zones, as such areas are exclusively for loading/unloading purposes)
- Permit Zone (these zones are for different types of permits)
Any area were parking is not permitted, such as No Stopping Zones, Taxi Zones, Bus Zones etc.
Please take care to ensure that the Permit is clearly displayed on the passenger side of the dashboard. The above concessions are not available if the permit is not correctly displayed or the permit holder is not the driver or passenger of the vehicle at the time.
I have a valid Ticket which was accidentally displayed incorrectly.
You can apply to the Council for reconsideration of the Expiation Notice. Please provide a copy of the Ticket.
I was only stopped briefly to drop-off/pick-up a passenger
The prohibition against double parking is absolute and is not permitted for even a few moments. If you had only stopped the vehicle briefly to drop off/pick up a passenger, this is not grounds on which to cancel the Expiation Notice.
Reminder Notice Fees
The Legislation allows 28 days from the date of issue for an Expiation Notice to be paid. At the end of this period, the Legislation requires that a Reminder Fee and a Search Fee be imposed. (The Search Fee is paid to relevant road traffic authority for the details of the vehicle’s registered owner.)
The due date is clearly shown on the original Expiation Notice, as is the advice that additional costs will be incurred for late payment. The original Expiation Notice may be issued in three ways:
- inserted into an adhesive plastic envelope and placed around the vehicle’s windscreen wiper arm immediately after the offence is recorded. These envelopes cannot become dislodged by wind or by accident, they require a deliberate act to remove, or
- handed to the driver of the vehicle, or
- posted to the registered owner of the vehicle involved.
It is the responsibility of the driver to ensure that they make payment by the due date on the original Expiation Notice. If payment cannot be made by this date, the driver may contact our Customer Service Centre on 8551 0500 to request a short term extension.
If you are the owner of the vehicle but were not the driver at the time in question and therefore did not receive the Expiation Notice, this is not grounds on which to remove the Reminder Fees. You may transfer responsibility for payment to the person who was responsible for the vehicle by completing a Statutory Declaration with the full details of the driver.
I cannot afford to pay
Being unable to afford to pay your Expiation Notice is not grounds on which to have it cancelled or reduced. (The amounts of Expiation Fees are set by the State Government in relation to each type of offence and accordingly they are not negotiable)
However, if paying the amount will cause you hardship, the Fines Enforcement & Recovery Officer has the ability to enter into an agreement to accept part payments which are manageable within your budget until the matter is complete. You are able to enter into a payment agreement for your outstanding Expiation Notices (including any Police Notices or Notices from other Councils). If you wish to take this course of action, you can contact the Fines Enforcement & Recovery Officer on 1800 659 538.
I want the matter heard in the Magistrates Court
If you wish to have the matter heard by the Magistrates Court for an independent decision, you are required to complete and return to the City of Victor Harbor a completed prescribed ‘Election to be Prosecuted’ form. This form can be located on the rear of the original Expiation Notice, on the bottom left corner of the Reminder Notice.
Prior to proceeding with this course of action it is strongly recommended that you discuss the matter either verbally, or in writing with the Council. Alternatively, you could seek independent legal advice. Please be aware that if the matter proceeds to trial and you are unsuccessful in the case, the Council may seek costs.
If you wish to take this course of action, you are required to:
- complete and sign the ‘Election to be Prosecuted’ form,
- return the original completed form to the Expiations - City of Victor Harbor, PO Box 11, Victor Harbor 5211 (email, fax or electronic communication is not sufficient for such legal purposes), and ensure that a street address suitable for the service of a summons has been provided.
You are able to Elect to be Prosecuted if:
- you are the registered owner of the vehicle, or
- the Council has received a Statutory Declaration (declared by either yourself as the driver, or the vehicles registered owner), clearly advising that you were the driver of the vehicle at the time the Expiation Notice was issued.
Please note that a Statutory Declaration must be signed in the presence of Justice of the Peace or person authorized to witness a Statutory Declaration, and must contain the full details of the person who was driving the vehicle. The following forms are appropriate forms to be used for this purpose:
- Statutory Declaration to name yourself as the driver of the vehicle
- blank Statutory Declaration.
What happens after I have completed the 'Election to be Prosecuted’ form?
If your ‘Election to be Prosecuted’ complies with the points above, once it is received by the Council the Expiation Notice will be withdrawn and the matter will be referred to the Magistrates Court. The Council will proceed by issuing you with a summons to appear before the Magistrates Court at a specified date and time. If the matter cannot be resolved via negotiations, it will proceed to trial.
What happen if I choose to do nothing about my Expiation Notice?
28 days after an Expiation Notice is issued, the Council is required to issue a Reminder Notice which gives the person another 28 days to pay and includes a Reminder Fee and Search Fee.
If you have not made payment or completed an ‘Election to be Prosecuted’ by the due date indicated on the Reminder Notice, the Council may refer the matter to the Fines Enforcement & Recovery Officer for the issue of an Enforcement Order. Once this occurs the matter becomes payable to the Fines Enforcement & Recovery Officer and significant administrative costs will be added.