Why does Council regulate parking?
The Council endeavours to provide parking controls for the sometimes conflicting requirements of businesses, visitors, residents and traffic management. If your vehicle is found in breach of a road rule, an expiation notice (parking ticket) can be handed to you, secured on the windscreen wiper blade of your vehicle or you can be sent the parking ticket in the mail.
How they are enforced is regulated by State law and is the same for all Councils. Parking expiation fees are not set by Council, fee increases are gazetted following the State Budget and take effect from 1st July annually.
Who is responsible for paying a parking expiation?
The owner of the vehicle is responsible for the infringement notice. If you were not driving the vehicle at the time, you must provide a Statutory Declaration including the full name and address of the driver to Council.
If the vehicle has been sold prior to the offence date, you should forward a copy of the disposal notice or a Statutory Declaration with the new owner's full name and address.
Penalties for overdue payment
Payment of the infringement notice is required by the due date specified.
Failure to pay by the due date will result in a reminder notice being forwarded to the registered owner of the vehicle which will include:
- a late fee;
- a Motor Vehicle Search Fee; and
- a new due date giving the vehicle owner an additional 14 days to pay.
If payment is still not made by the end of the reminder notice(s), the infringement notice will be forwarded to the Fines Enforcement and Recovery Unit. Parking fines do not result in demerit points against your driver's licence. However, if the matter proceeds to Fines Enforcement and Recovery Unit there may be other consequences if not paid including the suspension of your driver's licence, or seizure of goods to be sold to satisfy the amount owing. Fine enforcement is administered by the Fines Unit.
How do I dispute an Expiation Notice?
- If you were not driving at the time of the offence complete the statutory declaration on the ticket, stating the name and address of the driver, or if you had by the time of the offence transferred ownership of the vehicle, give full details of the owner and post to: Whyalla City Council, PO Box 126 Whyalla 5600.
- Dispute the offence informally by writing to Council, upon receipt of your appeal, the expiation notice will be put 'on hold' pending a review. You will be advised of the outcome by Council in writing once a decision has been made by the reviewing officer. Please be aware 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.
- Dispute the allegation that you committed the offence and elect to be prosecuted. If you elect to be prosecuted for the offence, you may get a summons. The summons will set out when and where to attend court. Complete the appropriate section on the infringement notice and post or deliver it to Whyalla City Council.
- If you think the offence(s) was trifling - apply to the Whyalla City Council for a review of the infringement notice (for meaning of trifling - see Section 4(2) Expiation of Offences Act 1996).