Compliance Notices and Infringements
What is a Compliance Notice?
A Compliance Notice is an official documented warning. Council keeps a record of who receives Compliance Notices and why. You will know it's a Compliance Notice by looking at the top right hand corner, the notice will read either Animal Compliance Notice or General Compliance Notice. A Compliance Notice is not a fine and there is no money required to be paid. However, a fee amount is noted on the bottom of the Notice to make you aware of the infringement value if you don't comply with the notice requirements within the time frame.
I want to review my infringement (fine), how do I go about it?
You have 28 days from issue of the fine to review it. A Statutory Declaration for Review of Infringement Notice is required to be completed by the offender and witnessed by a Justice of the Peace or Commissioner for Declaration.
Most internal reviews will be completed within 14 days; however the process can take up to 90 days or longer if additional information is required. A letter will be sent to you advising the outcome of the review process.
An internal review is decided on the following grounds:
- Did the offence occur? (The facts and particulars of the offence are correct)
- Has the infringement been issued to the correct person? If not, then the registered owner must nominate the driver responsible by providing full name and residential address
- Where the circumstances that led to receiving a parking infringement notice were beyond the control of the driver (exceptional circumstances).
The following grounds of appeal are NOT CONSIDERED VALID reasons for withdrawal of parking infringement notice:
- Poor visibility due to weather
- Not noticing a sign
- Reading only part of a multi-panel sign
- Being unable to read the sign from the front seat of the car
- Forgetting to read the sign
- Not noticing that a sign/restriction had been changed
- Running late or being in a hurry
- Being delayed at an appointment
- Stopping for a short time in a prohibited area (for example; stopping in a ‘no stopping’ area even if it is just to pick up or drop off passengers or goods)
- Being new to the area and unfamiliar with the restrictions (this applies regardless of whether the driver is from interstate or overseas)
- Being unaware of the road rules (all licensed drivers are expected to be aware and comply with the road rules at all times)
When contesting your fine please provide as much detail as possible in your explanation.
You must include the following:
- Parking infringement number
- Date of offence
- Vehicle registration number
- Contact phone number.
The personal information required on this form is collected by us to assess the internal review. Failure to provide this information means that we can not assess your internal review.
When you have completed the form please return it to us.
The following are circumstances are when we may consider withdrawing an infringement notice:
- If your vehicle has broken down
- If you are in or involved in a medical emergency
All of these circumstances must be backed up with documentation, such as a letter from the hospital or your doctor, copies of towing dockets and repair invoices, or copies of lease documents and contracts of sale. We may also require a Statutory Declaration if the circumstances are complex and not fully explained by third party documentation.
What happens if your appeal is unsuccessful?
You have the option of either paying the infringement notice or electing to have the matter heard in the Magistrate's Court. You must notify us in writing if you wish to refer the matter to the Magistrate's Court. If you fail to pay or respond within 28 days of the decision notice date, we will commence further legal process.
For more information on parking fines contact us at our Online Service Centre.
I've got a fine, how is the amount of money to be paid determined?
A penalty unit is used to calculate the amount payable when a fine is to be issued. In Queensland the value of a penalty unit is $143.75 For example, a person may be issued a fine for a wandering dog. The penalty for this on-the-spot fine is two penalty units ($287). The value is rounded down to the nearest whole dollar amount.
I can't afford to pay my fine immediately, can I pay in instalments?
If the Infringement Notice penalty is $200 or more you can enter into a Voluntary Instalment Agreement with the State Penalties Enforcement Registry (SPER). A fee of $60 per infringement is required to be paid to Council on lodgement. This will be deducted from your fine amount. Council will lodge the instalment plan on your behalf, any further correspondence will come direct to you from SPER.
How long do I have to pay my fine?
If your payment is received in full within 28 days from the date the notice was issued, the infringement will be finalised and no further action will be taken.
Where the Infringement Notice penalty is $200 or more, you may, within 28 days from the date the notice was issued, appy to enter a Voluntary Instalment Agreement (VIP)
What is the process?
Council provides 28 days to pay your fine or enter into a VIP. After the 28 days a reminder notice will be sent out providing you another 28 days to pay or enter into a VIP. After the 56 day period has lapsed the fine will be referred to the State Penalties Enforcement Registry (SPER) for recovery for the amount you owe plus additional fees.