How to dispute a fine or infringement
If you have been issued an infringement notice (PIN) for an incident such as parking, animals or litter and believe there may be cause for it to be waived, you may request Brisbane City Council to review the fine.
Council has a three stage dispute process:
- stage one - local level review
- stage two - Disputes Commissioner review
- stage three - external review.
If your fine relates to a parking incident, check your parking fine details before lodging a dispute.
Providing evidence or additional information with your dispute
To help Council decide your case, it is important you provide sufficient supporting evidence when you lodge your review request. Depending on the type of PIN issued you should try to include (where applicable):
- photographs or diagrams showing the exact location of the incident
- building approvals or private certifier documents
- vehicle repair receipt if relevant (i.e. vehicle broken down at time of offence)
- a statutory declaration form completed by an eye witness. You can download the form from the Queensland Courts website
- written advice or a crime report from the Queensland Police Service
- pay and display parking ticket or receipt or a certified copy
- infringement notice or a photocopy. If you don't have this, provide the following (where applicable):
- infringement number
- date of the incident
- vehicle registration number
- animal name, type and registration number
- name and current address of the company or owner, if different to your own.
You will need to download, print and complete the statutory declaration (PDF - 66.43kb) to indicate you weren't the driver (this statutory document may be inaccessible to website assistive technologies. For assistance, phone Council on 07 3403 8888.)
In the first stage, Council will investigate the matters raised in your appeal and decide if there are sufficient grounds to waive or cancel the PIN.
You must lodge your request to Council to dispute the fine within 28 days from the date the PIN was issued, to avoid further notices or additional costs. Once your dispute has been received, Council will place the matter on hold until a final decision has been provided.
The above local level review information also relates to tolling PIN appeals. However, as the opportunity to nominate the driver of the vehicle at the time of travel is provided to the registered owner on all Linkt tolling notices including the final Demand Notice, statutory declarations to Council for tolling infringement notices nominating another driver at the time of travel are not applicable.
The tolling infringement is not issued for non-payment of the toll by the driver; It is issued for the offence of “FAIL TO COMPLY WITH A LOCAL GOVERNMENT TOLLWAY NOTICE TO THE REGISTERED OWNER OF VEHICLE”.
If you had either sold the vehicle or the vehicle or plates were stolen at the time of travel, you can lodge your dispute providing supporting documentation.
Council will take all reasonable and appropriate steps to protect the privacy of individuals as required by the Information Privacy Act 2009 and the information privacy principles contained within the Act. When collecting your personal information for infringement purposes, your details may be passed to Council's contracted service provider to manage the infringement processes on our behalf.
For your security do not send your complete bank or financial institution details or statements when appealing a fine. If you believe supplying this information is an essential part of your appeal, please ensure all account numbers and any other sensitive information you don't want viewed are erased or blacked out.
Lodging your stage one review
You can dispute a fine online or send your written request for review with any evidence and additional information to:
Brisbane City Council
GPO Box 589
Brisbane Qld 4001
After the investigation, Council will send you a written decision to let you know if the PIN has been waived or remains in place. If the fine remains in place, Council will advise you of your further review rights through the stage two process.
If your fine stands and you disagree with the decision from stage one, you can request a review by Council’s Disputes Commissioner if the PIN has been issued for an incident regarding:
- pool fences
The Disputes Commissioner is an independent office within Council that will investigate your matter and make a recommendation to either overturn or uphold the decision reached during the stage one review.
Your appeal should be made within 14 days of the date on the letter advising you of the stage one decision.
If your fine was issued for an incident that isn't listed above, you may still appeal to Council to have it further reviewed. You will need to resubmit the dispute a fine form attaching any additional information or evidence that might help your appeal.
Lodging your stage two review
To assist the investigation in stage two, you will need to submit the appeal in writing to the Disputes Commissioner by providing:
- the 'Prescribed Infringement Notice Submission for Review by the Disputes Commissioner' form.
- any additional information or evidence that might help your review. The Disputes Commissioner will review all previous evidence as well as any new information you provide
Send this information to:
Brisbane City Council
GPO Box 589
Brisbane Qld 4001
The Disputes Commissioner will send you a written decision to let you know if the fine remains in place or if it has been waived. This is Council’s final decision on the matter. Advice will be provided to you regarding further review rights.
If your fine remains in place after the stage two review and you disagree with the decision made, you can elect to have your case heard in the Magistrates Court (view the back of your fine for details), or alternatively, you can pay the fine to resolve the matter.