Appeals against Fines (Expiation Notices)

How can I appeal against a parking or dog fine (expiation notice)?

Appeals against expiation notices must be in writing and preferably on the below form.

These forms are available from Council upon request, or can be downloaded below.

 

What if I wasn't the driver at the time of the offence?

If you were not the driver or you did not own the vehicle at the time of the offence, please complete and return the Change of Driver Form(106 kb) with the original expiation so that it can be reissued.

If the form is not completed in full including being witnessed by a Justice of the Peace, public notary, a commissioner for taking affidavits in the Supreme Courts of South Australia or a member of the police force, and the expiation is not returned, we are unable to reissue the expiation. Therefore the expiation will remain the responsibility of the current vehicle owner as per the Service SA (formally Motor Registration) database.

 

Why does Council require a statutory declaration?

Under the Expiation and Offences Act 1996 we are able to request a statutory declaration because the expiation is a legal document and we deem it appropriate to request a statutory declaration.

 

What information do I need to provide?

You need to complete the Review of Decision Application Form and Statutory Declaration  or Change of Driver Form. Please ensure you quote the expiation notice/ticket number/s, and vehicle registration number if known. Also, ensure your correspondence includes your full name and address and, if possible, a daytime telephone contact number.

Driver's licence number and date of birth are required before any appeal can be assessed, this also includes dog expiation appeals.

Where possible, provide substantiation, e.g. an RAA report of a breakdown or Disabled Person's Permit details. If in the case of a parking offence where you were not the driver at the time of the offence, please include a statutory declaration with the relevant details of the driver's name and address. Also include a brief outline of the reasons for the appeal on the statutory declaration.

When appealing dog expiation notices, please also provide relevant documentation to support your appeal.


How do I submit my appeal?

Please forward the completed documents via one of the following methods:

 

What happens next?

Upon receipt of your appeal, the expiation notice will be put 'on hold' pending an investigation. You will be advised by Council of the outcome once a decision has been made.

Please note that Council cannot consider an appeal once the matter has been transferred to the Fines Enforcement and Recovery Unit, which occurs once the due date on the reminder notice has expired. Any enquiries after this stage will need to be referred to the Fines Enforcement and Recovery Unit by phoning 1800 659 538.

 

What if I am not happy with the outcome of the appeal?

If you are not satisfied with the outcome of your appeal, you are entitled to lodge a second appeal. The original process still applies, that being that the appeal must be lodged in writing with any extra evidence attached. The status of the ticket will once again be placed on hold pending a decision.

The new appeal will then be assessed by another party, e.g. not the same person who assessed the original appeal. Once a decision has been made you will be sent a letter explaining the outcome.

 

Related Links
 
 
T: +61 8375 6600 | E: council@marion.sa.gov.au
245 Sturt Road, SA 5047, Australia
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