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How to Dispute a Parking Fine in Western Australia (2026): Grounds, Deadlines and the Review

Council parking fine in WA? Who can withdraw it, accepted reasons, the 28-day payment period, court election via FER001 and 4 steps to dispute it.

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Short answer: yes. A council parking fine in Western Australia is an infringement notice under the Local Government Act 1995, and the council’s Chief Executive Officer (CEO) can withdraw it within one year after it was given (s 9.20). Each council runs its own appeal process: the City of Canning, for example, requires appeals “within 28 days of the issue date”. The Act sets no deadline for asking, so lodge your request before the payment due date on the notice, 28 days after it was given. Do not pay if you want to dispute it.

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Last checked 7 November 2026 against official Western Australian sources, listed at the end. Speeding or camera fine instead? See how to contest a speeding fine in WA.

Fine Who reviews it How to apply Deadline Court election
Council parking fine (including a council-enforced private car park) The council’s CEO (Local Government Act 1995 s 9.20) The council’s own appeal form or a letter (Canning uses an online form) Set by each council (Canning: 28 days from issue). Payment is due 28 days after the notice was given (s 9.17) Form FER001 to the Fines Enforcement Registry; a second window within 28 days of an Order to Pay or Elect
Infringement from another authority The authority that issued it Contact that authority Before the fine is registered with the Fines Enforcement Registry As above
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Who issued your fine

Check the name at the top of the notice first, because it decides who reviews the fine and which rules apply. The Fines Enforcement Registry (FER) says infringements in WA “are issued by the Western Australia Police, local government authorities and various other Prosecuting Authorities”, and gives illegal parking as an example.

A council. A council parking fine is an infringement notice under Part 9 of the Local Government Act 1995 and the council’s own parking local law. The notice “must be given within 28 days after the alleged offence is believed to have been committed” (s 9.16(2)).

A council officer in a private car park. Some councils enforce their parking local law in private car parks under a formal agreement with the landowner. The City of Stirling, for example, offers private property parking agreements that rely on “The City of Stirling’s Parking Local Law”, and says they “do not apply to residential properties”. A ticket from a council officer in a shopping-centre car park can therefore be a real council infringement, reviewed the same way as a street fine.

Another authority. If a body other than a council issued it, the FER fact sheet says: “If you want to dispute an infringement prior to registration with the Fines Enforcement Registry, contact the Prosecuting Authority that issued the infringement to try to resolve the matter.” For other government fines, such as littering, see our fine review request.

A private parking company, with no council agreement. That notice is not a government fine and is not issued under the Local Government Act. It is a demand from a private company, and it can be disputed: use our private parking notice dispute ($29) and read private car park fines in Australia. Do not ignore it. The Department of Transport and Major Infrastructure says court orders “can and do include orders requiring the disclosure of licence plate information to parking companies”. Wheel clamping on private property has been banned in WA since 14 December 2020, and using it as a parking enforcement measure on private property is a $5,000 offence.

Grounds that get parking fines withdrawn in WA

The Local Government Act does not list grounds: it gives the council’s CEO a discretion to withdraw a notice “whether or not the modified penalty has been paid”, within one year after it was given, with a refund if you paid (s 9.20). Each council decides which reasons it accepts. The City of Canning publishes its list, a useful guide to the reasons and proof a WA council expects, but one council’s practice, not a statewide rule.

Ground What to show Evidence
You were not the driver (you are the owner) Who was driving, with their details Canning asks for a WA statutory declaration under the Oaths, Affidavits and Statutory Declarations Act 2005, signed by a justice of the peace
The car was sold before, or bought after, the offence The date ownership changed Department of Transport ownership documents
Vehicle breakdown or flat tyre That the car could not be moved at the time Dated documents: an RAC or breakdown service report, a repair invoice or a towing invoice
Medical emergency That you needed immediate medical attention A medical certificate
Parking was authorised by a police officer or ranger Who authorised it, when and where The officer’s details, if you have them, and your account of what was said
A disability (ACROD) parking permit fell from the dashboard That you held a valid permit at the time A copy of the permit
The notice was given late More than 28 days between the offence and the giving of the notice (s 9.16(2)) The notice, and the envelope or record showing when you received it

Reasons Canning says are not valid. The City of Canning lists these as reasons it will not accept:

  • “You did not see or understand the parking sign”.
  • Your ticket or permit “had fallen out of sight or flipped upside down” (Canning treats the ACROD permit above as a separate, valid case).
  • “You were only there for a few minutes or you lost track of the time”.
  • An appointment “went over time”.
  • A good driving record, good character or an honest mistake: “These are not grounds for which an infringement can be withdrawn.”

Reasons not on any list. A sign that was genuinely missing or covered, a failed meter or app, or the wrong car or registration on the notice is not covered by any official WA page we read. You can still raise it: the CEO’s power is a discretion, so state the facts plainly and prove them with dated photos, records and screenshots. The decision is the council’s.

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Deadlines and what happens while it is reviewed

The payment period is 28 days after the notice was given, and no official WA page we read says it stops while a council considers your appeal. Plan around these dates:

  • 28 days to pay. The notice must say the modified penalty may be paid to the CEO “within a period of 28 days after the giving of the notice” (s 9.17(1)(b)).
  • The council’s appeal deadline. Each council sets its own. Canning’s is “within 28 days of the issue date”. Check your council’s page or the back of the notice.
  • Extensions. The CEO may extend the 28 days in a particular case, “whether or not the period of 28 days has elapsed” (s 9.19). Councils differ in practice: Canning says “Extensions on payment are not generally given and part payments are not accepted. The City is unable to arrange payment plans.”
  • Final demand. Canning says that after a further 28 days “a Final Demand Notice will be issued and this will include an agency fee”. A final demand must say that unless, within 28 days of its issue, the penalty and enforcement fees are paid or an election to go to court is made, the notice “may be registered with the Registry after which a licence suspension order may be made and further enforcement fees may be imposed” (Fines, Penalties and Infringement Notices Enforcement Act 1994 s 14(4)).
  • Registration with FER. Further fees are added and FER sends an “Order to Pay or Elect to go to Court”, with 28 days to pay or elect a court hearing (ss 17, 21).
  • Enforcement. If nothing is paid, your licence may be suspended and an Enforcement Warrant may be issued, letting the Sheriff clamp the vehicle, seize and sell property or “deduct money from your wages or bank account”.

Paying ends the dispute. FER’s advice is: “If you want to dispute the infringement, do not pay the infringement or apply for a Time to Pay Order as it may be seen as an admission of liability.” Paying a council fine within time “prevents the bringing of proceedings and the imposition of penalties” as if a court had convicted and punished you, although the payment “is not to be regarded as an admission” in other proceedings (s 9.21). You also lose the right to elect a court hearing once any part is paid (s 21).

Ask the council in writing to hold the fine while it decides your appeal, and keep the due date in your diary whatever it says.

Evidence checklist

  1. The notice itself, front and back, with the infringement number and the issue date.
  2. Photos of every sign and road marking that applied, taken from where you parked, with the date and time.
  3. Your parking ticket, app record or receipt, and screenshots of any meter or app error.
  4. Your permit, such as an ACROD disability permit, front and back.
  5. Dated proof of a breakdown or emergency: an RAC or breakdown report, a repair or towing invoice, a medical certificate.
  6. Ownership documents if the car was sold or bought around the date.
  7. A statutory declaration if someone else was driving.
  8. A witness statement, and a short timeline of when you arrived and left.
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How to dispute it: 4 steps

Step 1: Read the notice and diary the deadline

Find who issued the fine, the infringement number, the offence date and the date the notice was given. Payment is due 28 days after it was given, so get your request in before then, and check your council’s own appeal deadline. If more than 28 days passed between the offence and the notice, note it (s 9.16(2)).

Step 2: Gather your evidence

Photograph the signs and markings as soon as you can, and collect the receipts, records, permit or reports that prove your reason, using the checklist above.

Step 3: Lodge the request with the council

Use the council’s appeal form if it has one, or a letter to the CEO. Canning’s form, for example, asks for the infringement number, your contact details including email, the vehicle registration, the “reason/justification for withdrawal or request to have the matter heard in Court”, your residential address and supporting information. Ask for withdrawal, a hold while it is decided, and a written decision. Our letter does this, lists your evidence, and can be lodged or pasted into the council’s form.

Dispute this parking fine – $29

Step 4: If it is refused

You have three verified options. Do not ignore the fine.

  • Pay it by the due date, or ask the CEO for more time (s 9.19).
  • Elect to go to court. FER says you have “28 days from the date on the notice to either pay the infringement in full or choose to have the matter heard before a magistrate in the Magistrates Court”, using form FER001, Application for a Court Hearing. A second window opens after registration with FER: within 28 days of the Order to Pay or Elect, and before any payment, Time to Pay Order or enforcement warrant (ss 17, 21). Know the risks. The form says: “I will receive a summons and be required to attend court in due course.” Once listed, the Magistrates Court decides the matter. The amount on your notice is a modified penalty, which cannot exceed 20% of the maximum fine a court could impose for that offence (s 9.17(3)), so the court can impose a higher amount than the notice.
  • Get time to pay. Once the fine is registered with FER, you can apply for a Time to Pay Order. Infringements cannot be converted into community work. If money is the real problem, use our fine hardship and payment plan letter.

Questions people ask

Can I dispute a parking fine in Western Australia?

Yes. Write to the council that issued it and ask its Chief Executive Officer to withdraw the notice, which the CEO can do within one year after it was given (Local Government Act 1995 s 9.20). Use the council’s own appeal form or process, give your reason and attach your evidence. The decision is the council’s. If it refuses, you can still pay or ask a magistrate to decide.

How long do I have to dispute a parking fine in WA?

It depends on the council, because the Act sets no deadline for asking. The City of Canning, for example, requires appeals within 28 days of the issue date. Payment on every council notice is due 28 days after it was given (s 9.17), and the period does not stop for an appeal on any official page we read, so lodge before that due date.

What happens if I lose a parking fine review?

The fine stands and you need to deal with it by the due date. You can pay it, ask the CEO for more time (s 9.19), or elect to have a magistrate decide using form FER001. If you do nothing, a final demand with enforcement fees follows, then registration with the Fines Enforcement Registry, further fees and possible licence suspension.

The sign was hidden or missing – can I get the fine withdrawn?

Possibly, if you can prove the sign was genuinely missing, covered or wrong at the time, but the decision is the council’s. Take dated photos from where you parked. Make the request about the sign itself: the City of Canning lists “You did not see or understand the parking sign” as a reason it will not accept.

The meter or app was broken – what do I do?

Put the facts and the records to the council, knowing that no official WA page we read lists a broken meter or app as a ground. The CEO has a general discretion to withdraw (s 9.20), so proof matters: a screenshot of the failed payment or error, the time, a photo of the faulty machine and any report you made then.

I got a parking fine from a private car park – is that a real fine?

It depends who issued it. Some councils enforce their parking local law in private car parks under an agreement with the landowner (the City of Stirling has these), and a ticket from a council officer there is a real council infringement. A notice from a private parking company with no council agreement is not a government fine: it is a demand from a private company. Do not ignore it; dispute it with our private parking notice dispute instead.

Will disputing a parking fine stop the late fees?

Not automatically. No official WA page we read says the 28-day payment period stops while a council considers an appeal. The City of Canning says payment is required within 28 days of issue and a Final Demand Notice with an agency fee follows after a further 28 days. Ask the council in writing to hold the fine, and keep the due date in your diary.

Can I ask for a caution instead?

No council caution scheme appears in the official sources we checked, so do not count on one. The City of Canning says a good driving record, good character or an honest mistake “are not grounds for which an infringement can be withdrawn”. You can mention your record as background, but base the request on what actually happened and prove it.

I was not driving. Do I still have to pay?

No, if you identify the driver. A council can serve the owner with a notice to identify the driver, and unless the owner names the driver, or shows the car was stolen or unlawfully taken, within 28 days, the owner is deemed to have committed the offence (s 9.13(6)). Canning asks for a statutory declaration signed by a justice of the peace. Never name someone who was not driving.

Can I take a parking fine to court in WA?

Yes, by lodging form FER001 with the Fines Enforcement Registry, one infringement per form. FER says you have 28 days from the date on the notice, and there is a later window within 28 days of an Order to Pay or Elect, before any payment. You will be summonsed and must attend, and a court can impose more than the notice amount.

I already paid. Can I still dispute it?

Only by asking the council to withdraw it. Paying ends the matter as if a court had convicted and punished you (s 9.21), and you can no longer elect to go to court. But the CEO can still withdraw the notice within one year after it was given, whether or not it has been paid, and must refund you if it does (s 9.20).

I cannot afford to pay. What are my options?

Ask the council’s CEO for more time, which the Act allows even after the 28 days have passed (s 9.19), although Canning says extensions are not generally given and it cannot arrange payment plans. Once the fine is registered with the Fines Enforcement Registry, you can apply for a Time to Pay Order. Infringements cannot be converted into community work.

Can I go to prison for an unpaid parking fine in WA?

No. Legal Aid WA says you “cannot be made to do community service or spend time in prison because of unpaid infringement notices”. Unpaid fines still have real consequences: registration with the Fines Enforcement Registry, further fees, licence suspension, and an Enforcement Warrant that can lead to wheel clamping, seizure of property or deductions from wages or a bank account.

More help: parking fines in every state, how to write a fine review request, state by state, and contesting a speeding fine in WA.

Claim Done is not a law firm and does not give legal advice. This page is general information about Western Australian law as checked on 7 November 2026.

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