Request for Withdrawal of Infringement Notice
|Circumstances we will consider||How will the review be conducted?|
|Circumstances we will not consider||What happens next?|
|Having the matter heard in court||How to apply for a review|
|Submit your Application|
From time to time errors are made in the issue of an infringement notice. In such circumstances the infringement will be readily withdrawn.
You can lodge your request online or via email or post. To assist you in requesting a review of your infringement notice, please ensure you read the following information.
The following circumstances may also be considered valid for the withdrawal of an infringement notice.
A Statutory Declaration, letter or online form stating that:
- you had a medical emergency that prevented you from removing your vehicle – documentation is required from your medical practitioner or hospital.
- your vehicle was broken down and you could not move it. You will need to supply a towing receipt or proof of repairs (e.g. a receipt for parts, an invoice from a mechanic, AANT callout documentation, etc).
- your vehicle was stolen – you need to advise Council of the PROMIS number provided by the Police upon reporting the incident.
- you were detained by the Police – documentation from the Police is required.
Appeals will generally not be granted if you received your infringement because:
- the ticket or permit had fallen out of sight or flipped upside down – you must ensure the pay and display ticket is displayed correctly prior to leaving your vehicle.
- you left your permit in the other car – if you do not have your permit you need to purchase a pay and display ticket and park legally in a bay that is available (not another reserved bay).
- you thought you were allowed to park there – only authorised vehicles can park in Loading Zones, Taxi Stands, Disabled Bays and Bus Zones.
- you did not see the sign – as the driver you must look for parking signs to ascertain if parking is permitted in the area you intend to leave your vehicle.
- you did not understand the parking sign – the signs are based on Australian Standards.
- you went to get change for the machine – you need to arrange this before you arrive.
- you lost track of time.
- your doctor’s appointment/hairdresser/job interview etc went over time – you must ensure you have parked in a place that provides enough time.
- you had to use the toilet.
- you were only parked for a few minutes – parking fees are to be paid after parking your vehicle.
When undertaking the review, Council will take into account all of the available information, including:
- information collected by the issuing officer
- photographs taken at the time of the infringement
- circumstances outlined by you in your request for the review (and any supporting documents)
- relevant legislation (eg Australian Road Rules, Local Government Act, Darwin City Council By-Laws).
The review process can take up to 7 days. You will receive a response by email/mail advising you of the outcome.
If insufficient information is provided, we may contact you for additional details before reviewing your infringement notice. If this information is not received, a decision will be made based on the information at hand.
Should the infringement be upheld, you will be advised of a new pay by date.
If you do not pay the infringement notice, request a payment extension or elect to go to court by the new due date, the infringement will be processed in accordance with the Fines & Penalties (Recovery) Act. If a courtesy letter is generated further costs will be added to the original penalty. If you do nothing in response to the courtesy letter, an enforcement order may be made by the Fines Recovery Unit (telephone: 1800111530) pursuant to the Fines & Penalties (Recovery) Act. If an enforcement order is made, further costs will be added to the amount due.
If you wish to have the matter heard in the Darwin Magistrates Court, you will need to complete the back of the infringement notice or courtesy letter at “election to have matter heard in Court” and return it to Council. You may also advise Council by letter (GPO Box 84, Darwin, NT 0801) or email at firstname.lastname@example.org
- Online: You can complete the Application for Withdrawal of Infringement online
- Email: Email the form along with any relevant attachment to email@example.com
- Post: Alternatively, you can post the form or send a letter to Council requesting the infringement notice be reviewed. If you send a letter, you must include the following information:
- your name and postal address (we will respond in writing to the address provided)
- contact telephone number
- the infringement notice number
- the vehicle registration number
- an explanation of why you believe the infringement notice should be reviewed
- any supporting documentation.
If you prefer the postal option, please send your letter and supporting documentation to: City of Darwin, GPO Box 84, Darwin, NT 0801.