Receiving a parking infringement is not something that anyone enjoys and in many cases the fine can be avoided. Enforcement is the last resort in the Town's effort to ensure that it is as easy as possible for everybody to park and move around throughout the Town of Cambridge.
What is a parking infringement?
A parking infringement notice is issued by the Town’s officers alleging that you have committed a parking offence. Infringement notices are issued where the offence is relatively minor.
Why the Town issues Parking Infringements
Parking spaces in the Town of Cambridge are limited. The Town has the responsibility of ensuring all visitors and residents have equal access to parking.
To do this, parking areas both on the street and in car parks have been designed to provide for people's varying needs. This includes parking bays for;
- short term parking (for example, to drop off a document or pick someone up);
- long term use (people who work in the Town all day or who want to shop for an extended period);
- use by disabled people (those with valid ACROD permits);
- use by motorcyclists;
- use by bus drivers;
- use by taxis; and
- use by commercial and delivery vehicles supplying local businesses.
Signs based on Australian Standards have been erected to advise motorists of the intended use of parking spaces and any restrictions that apply. It is up to drivers to read the signs and comply with their requirements when parking in the Town.
How is a Parking Infringement Notice Issued?
An infringement notice is issued by the Town’s Authorised Officer then placed on the windscreen of your vehicle.
What do I do after I receive a Parking Infringement Notice?
You have 28 days to pay the notice penalty or advise the Town that you were not the driver of the vehicle.
If you decide not to pay the notice penalty then a final demand will be issued. This demand notice has additional fees attached. If payment is then not received the infringement notice is referred to the Fines Enforcement Registry.
Once a matter is registered with the Fines Enforcement Registry the following happens:
- the infringement is registered at the Fines Enforcement Registry and is made an order of the court (a fee applies and an extra 28 days is allocated to payment); You can either pay, or choose to have your matter referred to a Magistrate;
- if you still do not pay the infringement, a notice of intention to enforce is issued and you have a further extra 28 days to pay
- if no payment is received, your driver's and/or vehicle licence may be suspended and/or an enforcement warrant may be issued to recover the outstanding debt
- the enforcement warrant authorises the Sheriff to immobilise your vehicle and/or seize and sell property to satisfy your debt.
If you have received a Parking Infringement
If you have received a Parking Infringement you may choose to do one of the following things:
- Pay the Parking Infringement: This can be paid online, in person at the Administration Office, 1 Bold Park Drive, Floreat WA 6014 or by post to PO Box 15, Floreat WA 6014. Please note that extensions on payment are not generally given and part payments are not accepted.
- Nominate another Driver of the Vehicle: If you were not the driver of the vehicle at the time the infringement was incurred, you have 28 days to nominate the actual driver by completing a Statutory Declaration with the driver's full name and current address and forwarding it to the Town. The Statutory Declaration needs to be witnessed by a person authorised to witness a statutory declaration or a Justice of the Peace. In the absence of proof to the contrary, you will be deemed to have committed the offence.
- Appeal the Parking Infringement:
If you believe you have unjustly received a parking infringement notice, you do have the right of appeal.
- To avoid additional costs, an appeal must be lodged within 28 days of receiving an infringement:
- Appeals will not be accepted by phone.
- Appeals may be accepted by email or fax, provided a residential address is supplied to enable a response to be sent.
- Appeals will be accepted in person at the Administration Office.
- Details of the infringement which need to be included in your appeal are:
- Infringement number
- Date of notice
- Vehicle registration number
- Return address and phone number
- Photocopies of all relevant supporting documentation
- Detailed reasons why you believe an appeal should be granted
Your appeal must be in writing and should be submitted by letter Town of Cambridge, PO Box 15, Floreat WA 6014 or you can appeal the infringement online at the Town's Parking Infringement Appeal page. It is advisable to retain a copy for your own records until the matter is resolved.
All appeals are lodged and processed through an appeal administration system. A letter of response advising the outcome of the appeal will be posted to you.
4. Take the Matter to Court:
Should you wish to have a parking infringement heard in the Magistrates' Court rather than investigated by the Town, please notify the Town in writing. On receipt of such a nomination, the Town will make all necessary arrangements for the matter to be heard in the Magistrates' Court and will notify you in writing of the date when the "First Mention" will occur.
When you receive notification of the "First Mention" date, you will need to notify the Court of your intention to plead "Guilty" or "Not Guilty" and, when the case is "mentioned", the Magistrate will set a hearing date and you will be notified of this by the Court.
If you plead "Not Guilty", you will need to attend the "Hearing" to provide evidence.
Because a parking infringement notice is considered to be a "minor" matter, you may elect to conduct your own defence, but you also have the right to engage the services of a solicitor to act for you. If you elect to conduct your own defence, you will be afforded the opportunity to cross examine any witnesses that may be introduced by the prosecution and may also provide sworn testimony to the Court.
Non payment of infringements
Infringement notices are issued by the police, local government authorities and various other prosecuting agencies, either in person or through the post. You can get infringement tickets for things like illegal parking, abandoned vehicles, littering or for issues relating to animals. Once an infringement is issued and payment is not received within 28 days, a reminder notice is posted.
If the infringement is not paid after the reminder notice has been sent out, a final notice is issued. When a final demand notice is issued, additional costs are added to the infringement and another 28 days is given for payment of the infringement.
If after this time (approximately 3 months), the infringement has not been paid, it is then referred to the Fines Enforcement Registry (FER).
Once the infringement reaches FER, the Local Government cannot receive payment. At this time, non-payment of your infringement can have serious consequences including possible suspension of your license.
What is the Fines Enforcement Registry (FER)?
The Fines Enforcement Registry is part of the Court and Tribunal Services division of the Western Australian Department of the Attorney General.
The Fines Enforcement Registry enforces outstanding fines from numerous prosecuting authorities and all of Western Australia's courts. Matters are referred to the Fines Enforcement Registry where further sanctions may be imposed on fine defaulters to collect fines.