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Asking for withdrawal of a fine

1. Complete a form which says why you think that fine should be withdrawn.
2. Provide evidence to support your claims.
3. If your application is refused you could appeal, or look at other options for dealing with the fine.

A traffic or parking fine might be withdrawn where:

  • The fine contains the wrong information (e.g. wrong date, wrong vehicle description, wrong driver information, incorrect description of the offence);
  • The fine is the result of administrative or technical reasons outside of your control (e.g. a parking meter or ticket machine was faulty);
  • There was an emergency medical situation;
  • There was unforeseen or unpreventable circumstances;
  • You have a good driving record (e.g. you have no infringements for the past 5 years);
  • The person to whom the fine has been issued is deceased or has moved overseas permanently;
  • There is insufficient evidence to establish that the offence occurred;
  • The parking permit/ticket was incorrectly displayed but you can explain why and provide the ticket;
  • Your car, or P/L plates, were stolen and you can prove this;
  • The offence occurred because the vehicle had broken down or could not be moved from the park.

You have 28 days from when you receive the fine to apply for it to be withdrawn. You can still apply after 28 days have passed but you may be issued with a reminder notice and charged a $34 reminder notice fee. After 56 days have passed you will receive a suspension notice notifying you of a final date to pay your fine by. If you do not pay your fine by this final date your licence will be suspended and, if you apply for withdrawal of the fine you may have to provide good reasons as to why you did not apply in time.

Because of a 2005 ACT Supreme Court decision, the police may refer the matter to the court where you:

  • Do not agree with/object to the fine being imposed;
  • Deny that you committed the offence;
  • Question the operation/accuracy of the speed/red light camera;
  • Question the evidence; or
  • Appeal/contest/dispute the fine.

If the court does not decide in your favour, it may go on your criminal record and you may be fined and have to pay costs.

The Process
Parking or traffic camera infringement Complete the online form: https://rego.act.gov.au/regosoawicket/public/ withdraw/WithdrawInfringementPage

Or download and complete an “Application for Withdrawal of a Parking or Traffic Camera Infringement Notice”: https://www.accesscanberra. act.gov.au/ci/fattach/get/107923/ 1476239186/redirect/1/filename/Application+ for+withdrawal+of+a+parking+or+ traffic+
camera+infringement+notice.pdf

Completed forms for traffic related offences can be submitted by:

  • clicking the “submit traffic camera office” tab at the end of the form; or
  • emailing the form to tco@act.gov.au

Completed forms for parking related offences can be submitted by:

  • clicking the “submit to parking review office” tab at the end of the form; or
  • emailing the form to parkingreview@act.gov.au
Traffic infringement issued by police Complete the online form:
The ACT Government forms website

Disclaimer

The material in this fact sheet is intended as a general guide only. Readers should not act on the basis of any material in this publication without first getting legal advice about their particular situations.
If you would like more information, please contact Street Law on (02) 6218 7900 or info@canberracommunitylaw.org.au. Street Law is a program of Canberra Community Law Ltd.
© Canberra Community Law Ltd. Not to be reproduced without permission or acknowledgement.
Last updated: 14 May 2021

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