[VIC] Infringment Notice for Same Parking Offence from Both Vicpol and Council

My car was parked in a street that has No Stopping sign.

I saw the council fine on windscreen when I came back. It was issued at 7:58am. (Brimbank Council)

A few days later, I received an infringement notice from Victoria Police via mail for same offence. It records approximate offence time on 8:20 am for same date.

Both notices has same offence code: Stopped contrary to a no stopping sign (code 793)

I believe that in Victoria, same offense cannot be penalized more than once. I talked to Fines Victoria and the customer representative said that I would need to file an internal review request as they cannot locate the other infringement being it issued from other agency.

Is this the fastest way to resolve this? The council notice does not even have a phone number on it. I understand I have to pay fine but I don't want to pay it twice.

Comments

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  • +26

    cant park there mate

    • +4

      Thanks Keith

      • Absolutely disgusting, who is that ugly witch with the microphone intimidating that patriot?

  • +21

    Ask the council to cancel theirs because Vic police have already fined you for the same offence (provide proof)
    Ask Vic police to cancel theirs because the council have already fined you for the same offence (provide proof).

    Problem solved.

    • They will require proof of the other one having been paid

      • +2

        Grok, can you design a receipt from Vicpol paying for a fine.
        Grok, can you design a receipt from the Council paying for a fine.

        • 2x fraud charges would actually be enforcable in that case though..

        • Grok provides pictures of elon.

  • +18

    You can be booked by both police and council. And you may have to pay both if the second fine is for the offence continuing. For example exceeding a 1 hour parking limit, and still being there after another hour.

    But if both relate to the same short period of time you can request a review from Fines Victoria.

    https://online.fines.vic.gov.au/Request-a-review

  • +11

    Common sense dictates you can't be fined more than once for the exact same offence.
    Suggest you request a review of the police fine, as it was the second one, ensuring you attach the council fine as evidence asap.

    • +3

      Do both and win. Get the police to drop their fine and council to drop theirs based on other fine.

      • +1

        They will need evidence that one fine has been paid

        • Will they require evidence though? Might be a loophole.

        • It was a no parking zone. OP's car wasn't even there, so clearly both fines were just made up.

    • Common sense does not apply the the Law.

      It is what is in the relevant legislation that matters and it may not be common sense.

      Then it is up to the interpretation of that legislation firstly by the relevant authorities and finally via the judiciary . (ie separation of powers )

      So it comes do to how large is your bank balance and how much and quality of legal representation can you afford which decides the level of justice you receive.

      Good luck

      • +7

        They parked their car in a No Stopping zone for multiple days

        Read it again. The offence was the same day 22 minutes apart. The second fine arrived a few days after the offence

      • +3

        I'm assuming offense on the same day. Council was on the spot fine but Vic police mails it out so arrived a few days later

        • +2

          Literacy is a problem among OzBargainers.

      • +2

        I think you may be misunderstanding OPs post.

        He received the second fine a few days later, not he was fined for still being there a few days later

        • +3

          OP later amended post to clarify this detail. Early responses were to the notion that OP parked their car over multiple days and received the fines on different dates.

      • +1

        The car was not parked across days. Both notices are for same morning 22 minutes apart. As CodeXD mentioned that Vic Police notices takes a few days to arrive by mail.

        • Why did you park in a no parking zone?

  • +5

    Talk about being over governed! I think your best bet is submit a review to the vicpol one just based on that seems easier to get a resolution than going through the council. There's an established procedure there - show evidence of the council fine and say you'll pay that.

    • Exactly
      Police complaining about shortage of resources yet they have time looking for parking offences
      No time to attend assaults, car thefts
      accidents etc..

  • +4

    Get both fines withdrawn by sending a copy of each fine to the other party.

  • +4

    Pay both fines for being a pelican who parked in a No Standing zone for at least 22 minutes. Then don't do it again.

  • +3

    I believe that in Victoria, same offense cannot be penalized more than once.

    What is the source of your belief?

      • -1
        1. Your link is to the Victorian Human Rights Committee and s26 of the Charter of Human Rights.

        It applies to Criminal Law and the principle of double jeopardy.

        1. You have been neither charged or convicted of a criminal offence. (Once you have been charged for it one, you can't be charged for same crime again - Then your link may be relevant…

        2. You have been issued with two separate parking tickets. You were issued with one parking ticket at 7:58. Presumably you were parked there despite there being a sign which says "No stopping".

        If you did park in the jurisdiction of that sign, it can also be said that you stopped there. Therefore, when you were caught parking there at 7:58 you were issued with a parking ticket.

        1. 22 minutes passes and it is now 8:20. You have now been caught stopping somewhere where you are not supposed to stop for a second time and have been issued a second parking fine.

        2. Continue to leave it there and this continues to happen for hours and even days with the fines accumulating to a level that will eventually pay attention to so that you will decide not to park there again.

        According to your reasoning, you could park there unlawfully just one time, and only receive just that one fine or penalty if you left your car there for long term parking whilst you travelled overseas for six weeks.

        1. Finally, your double jeopardy link is for crimes, we don't have double jeopardy laws for parking tickets which are either statutory offences, specifically summary offences or regulatory offences, they are not criminal offences.
        • -1

          Did you put this into AI?

          Whilst it's clearly not a serious crime, parking offences are still considered crimes, which are expiated by way of an infringement notice.

          • @DogGunn: Criminal Offences are found in the Crimes Acts parking infringements are infringement offences they are not found in the crimes acts.

            • -1

              @Muppet Detector: That's not how it works lmao

              Good luck finding the definition of murder in the Victorian Crimes Act - by your definition, murder wouldn't be a criminal offence.

              Criminal offences are found in all sorts of statutes, including the Road Rules.

                • @Muppet Detector: I am telling you that you're wrong.

                  There are many more "crimes" than what is in the crimes act.

                  • +2

                    @DogGunn:

                    by your definition, murder wouldn't be a criminal offence.

                    I've had enough hillbilly to last me a lifetime.

                    • -1

                      @Muppet Detector: Just in case you weren't aware, you won't find the definition of murder in the crimes act. Therefore, not a crime, right?

                      • @DogGunn: sigh

                        As you know, in Victoria, the definition of murder if found in common law.

                        In your smartarsery scabby nose and snotty nose, ineffective education, your coke bottle glasses have prevented you from acknowledging that the 1958 Crimes Act, Not only lists offences contained in the acts along with their definition in both the legislation and the Judges Bench Book from which the judge instructs the jury, it initially declared all offences listed in that Act to be indictable offences but then goes on to list Murder as it's very first type of homicide.

                        • -1

                          @Muppet Detector:

                          As you know, in Victoria, the definition of murder if found in common law.

                          Yes, exactly, not all crimes are in the crimes act. Thank you for proving my point.

                          Maybe read the legislation in its entirety be fore shooting your mouth off.

                          That's not a definition lol

                          At no time did I say it was contained in a single Act

                          Yes you did, you literally said crimes are in the crimes act:
                          https://www.ozbargain.com.au/comment/17542729/redir

                          why not spend some time towards learning about your legal
                          System and pulling your boots out of your mouth.?

                          It is very clear that you do not know what you are talking about. I was only trying to prove that.

                  • @DogGunn: The 1958 Crimes Act VIC

                    Not only classifies it as an indictable offence at 2B

                    BUT

                    Part I—Offences 7
                    Division 1—Offences against the person 7
                    (1) Homicide 7
                    3 Punishment for murder

                    Crimes Act 1958

                    Maybe read the legislation in its entirety be fore shooting your mouth off.

              • @DogGunn:

                Criminal Offences are found in the Crimes Act(s)

                Good luck finding the definition of murder in the Victorian Crimes Act

                At no time did I say it was contained in a single Act

                Off the to
                Of my head Qld has at least three drug related criminal acts which supplement the main one.

                Pssst, some of our crimes are also captured by common law, but are overseen and pursued through the courts and legal frameworks that allow them to exist. Just like yours.

                Instead of trying to double down on some "gotcha moment", why not spend some time towards learning about your legal
                System and pulling your boots out of your mouth.?

      • -2

        Relates to double jeopardy for Criminal Offences.

        Parking tickets (as you describe) are not Criminal Offences.

        In Victoria, a parking ticket issued in a no stopping zone is a statutory offence. More specifically, they are referred to as summary or regulatory offences, but generally speaking, they are not criminal offences and are not subject to the laws of double jeopardy.

        • +5

          this doesn't mean you won't get another speeding ticket if you continue to speed for the same road.

          But can you get two speeding tickets for the same incident and offence?

          • +2

            @tenpercent: But is not at the sane time. So couldn't he be charged twice

          • +1

            @tenpercent:

            But can you get two speeding tickets for the same incident and offence?

            Two incidents.

            1. Car parked unlawfully at 7:58
              2: Car parked unlawfully at 8:20 (again)

            3: Car parked unlawfully at 6:30 pm (again)
            4: Car parked unlawfully at 7:58 next day (again)
            5: Car parked unlawfully at 6:30 pm in six weeks when you return to collect it after your overseas trip.

            Keep offending after first incident, not even double jeopardy will help lol

            Dude will receive an infringement every time he is found to be parking in a no parking area.

          • -3

            @tenpercent: Ahh.. I meant something on the lines that; receiving the first infringement doesn't mean there is exemption of further enforcement for the same offence type.

            So in the situation of speeding, receiving an infringement doesn't mean that the motorist won't receive another if they continue to speed on the same road. For the OP situation, offence resets (for the most part and operationally) at the start of a new day.

            EDIT: OP has stated offence was at the same time and day. My response was on understanding as per original their post that it may have been the same offence for a different day

        • At the same time? How is that even possible?

          • -1

            @EightImmortals: Correction: I can see my comment could be misunderstood

            Example situation is if one continues to speed after receiving an speeding infringement. They may receive a second or more infringements if they continue to speed. The first infringement doesn't mean they're exempt from further enforcement.

            • +2

              @Porker: That makes more sense as the second tax collector wouldn't know about the first 'offence'. In the OP's case though it shouldn't have happened and the arseclown government needs to figure out which branch of enforcers is responsible for parking infringements and which one isn't.

        • -4

          My statement was on understanding that the offence was on different days. OP has since clarified that it's the same (single) offence.

        • -6

          The easiest way to avoid this is to PARK LEGALLY in future

  • +3

    Pay the cheaper one and get the other canceled.

  • +3

    Why are there two different government funded employees doing duplicated work? Sounds like some efficiency is needed.

    • +1

      Its revenue raising, so you get twice the revenue. That sounds like efficiency if there was ever the word.

    • -1

      Why are there two different government funded employees doing duplicated work? Sounds like some efficiency is needed.

      Second dude was moonlighting as an NDIS provider.

  • +2

    If your a sovereign citizen, just ignore it.

    • State that you were not travelling.

  • +1

    It was issued at 7:58am. (Brimbank Council)

    A few days later, I received an infringement notice from Victoria Police for same offence. It records approximate offence time on 8:20 am.

    Are the offence dates the same or different?

    • +1

      Same date

  • +1

    Which is higher?

  • +1

    Do a review with both if possible. Maybe they will both cancel their fine thinking the other is still in effect. Double negative = positive :)

  • +1

    My car was parked in a street that has No Stopping sign.

    Did you see the sign when you parked?

    Was it confusing?

    Was there a permanent structure preventing you from seeing it?

    Was it hidden between trees?

    Did it have arrows pointing in a different direction?

    Was there a contradictory sign that said that you could?

    Did you or your vehicle have any lawful excuse or exclusionary pass that provided you with permission to park there?

    I saw the council fine on windscreen when I came back. It was issued at 7:58am. (Brimbank Council)

    Bugger, so do any of those excuses help you?

    It records approximate offence time on 8:20 am for same date.

    Whoops, you got caught stopping there at 7:58 and were then unfortunate enough to get caught by a second bloke for doing it again at 8:20! You broke it at 7:58 AND then again at 8:20…. oh man.

    Why would you do that?

    Both notices has same offence code: Stopped contrary to a no stopping sign (code 793)

    Same offence code because you committed the same offence twice.

    They don't change the offence code each time they charge somebody.

    The code for " No Stopping" is the same code for every person who unlawfully stops there however many times they do it.

    I believe that in Victoria, same offense cannot be penalized more than once

    No Australian jurisdiction penalises any offense be it traffic or criminal etc, so they're not even penalised once.

    In fact, I would have to google to learn when an offense may be subject to penalty by law.

  • Hold on… Was the fine for the same offence?? As in the date and time of the fine was within 30~ish mins, or was the council one for say, Monday and the police one was for Wednesday??

    Did you remove the council ticket off the window between when the fines were issued??

    Why didn't you move the car… A more stupid question, why did you even park there in the first place? Did you think this was just some parking loophole where you can park where you like and just pay the fine??

    • +1

      Both notices are for same day, just 22 minutes apart. I parked the car to drop a patient to hospital emergency and took a while to return to remove the car. Did not park there again.

      The council notice was on the windscreen on 8:20.

      • +1

        Then, in that case, I would apply to have a review of the police ticket that was issued and cite that you received a fine from council 22 mins earlier for the same offence and send them proof of the council issued fine for 22 mins prior and that you are essentially being fined for the same infraction without sufficient time to to correct your behaviour between the fines.

        • He had 22 minutes to correct his behaviour. Clearly he was not "stopped", but "parked"

          • @Ocker: How did they have 22 min to correct the behaviour

    • +1

      Something doesn't add up, or is a bit strange. Most likely multiple people or even same person reported the offence to council and police. The council came first and put a fine on the windscreen meaning the police didn't see the first fine, perhaps issued their fine from a distance.

  • As stated, if you're able to demonstrate that there was a medical emergency or incident requiring your attention, then you can certainly appeal the fine.

    Most Council's will list what evidence they require to waive the infringement based on this justification.

  • Lol

  • Those early learing centers arent going to pay for themselves

  • Is the a case of double jeopardy?

    • Is that a legal term in australia, or just something from movies?

      • +1

        Is that a legal term in australia

        In Australia you just have to quote from 'The Castle'.

      • I think it is a tv show.

  • Seems pretty fair to get a further fine every couple of minutes at least - given the allowable time for stopping is 0 seconds..

    • If that were the case VicLab could reduce their debt to effectively $0.

      • Selfish pricks singlehandedly fixing all the debt? Sounds like a win to me

  • Pay the cheapest fine first. Penalty units may vary between Vic Pol and Council.

    Then submit an internal review to the other. Send copy of fine and payment. Other fine will be withdrawn.
    Note - fines should be for same offence type, same date.

    • Same offence code, same date (22 minutes apart) and same fine amount $204

      • Ok, in that case, pay one fine and appeal for another. It will be withdrawn.
        If I were you, pay the VicPol fine, and appeal the Council fine.

  • my sympathies. it's hard to digest these in an age where your situation, and a scenario where a tax dodging multinational causing a massive oil spill destroying an ecosystem gets handed tax payer funds to clean up their mess… BOTH take place in the same reality, same country.

    For a person earning the median personal income in metropolitan Melbourne, a single parking fine is about 15% of their weekly gross income.

  • Brimbank Council working overtime

  • -1

    Double jeopardy applies here. Fight it.

  • -1

    Simple. If the council fine was issued at 07;58 and you noticed it on the windscreen afterwards, why did Plod book you at 08;20? He must have seen the Council ticket, and so (unless he is being obstinate) see that the one offence had been registered and a ticket issued.
    Maybe he thought you had driven around the block and came back to the same spot, and knowingly comitted a new offence?

  • -1

    Not sure how the person who couldn't read the road sign was able to read the ticket and infringement notice.

  • -2

    Why wouls anyone expect a cancellation of either offence?

    It is a NO STOPPING sign.

    This means if the wheels of the car are not moving/rotating, it is physically STOPPED.

    There is no concept of how long you can stop at a NO STOPPING sign.

    • +2

      There is no concept of how long you can stop at a NO STOPPING sign.

      By your logic, the council could issue an infinite number of tickets within any period of time, with an arbitrarily small interval.

  • -4

    From CoPilot:

    In Victoria, No Stopping is a continuing offence.
    Every moment the vehicle remains illegally stopped, the offence continues.

    So:

    9:00am — Council officer observes the offence and issues a fine.

    9:22am — Police observe the vehicle still committing the same offence.

    Because 22 minutes have passed, this is treated as a fresh offence event.

    • +2

      What's the minimum interval though? When does it reset? What if 20 council officers came along, one every minute?

    • +1

      From CoPilot:

      *cringe*… got any actual legislation that states this, not the opinion of a shit AI bot?

      In Victoria, No Stopping is a continuing offence.

      Source? (that isnt an AI chatbot)

      Every moment the vehicle remains illegally stopped, the offence continues.

      Define "moment". 1 second? 10 seconds? 1 hour? 1 day? 21 minutes? If this is the case, why does the ranger not just stand there and continue to print out tickets as fast as the machine will print them until you come back and move the vehicle? It's because they know the secondary tickets would be tossed…

      I would agree with you if OP was standing at the car and a police officer turned up and gave them a ticket and told them to move on and OP said "ok", and then just left the car there and the police circled back 22 mins later and saw the car still parked there… But that isn't what happened in this case. These are two clearly independent law enforcement officers fining someone over the "same" incident without giving OP the chance to modify their behaviour. Had OP arrived before the 2nd ticket was issued and saw the first ticket, they may have seen the ticket and realised how they were parked and moved the vehicle before getting a 2nd ticket.

      Because 22 minutes have passed, this is treated as a fresh offence event.

      Yeah, nah, I dont think that is correct in OP's circumstance.

    • +1

      Remember LLMs hallucinate, so always…. ask another LLM to critique the first one!

      From Gemma-4:

      Copilot is legally regarded. A continuing offence means the same act keeps festering—it doesn't magically respawn as a "fresh event" every 22 minutes like some municipal loot crate. Council and cops aren't tag-teaming your wallet for the same unmoved shitbox. One continuous stop = one infringement. The second ticket is pure cope on paper; dispute it and they'll fold, because even Victorian revenue farmers know milking the same cow twice gets them sued. NGMI.

      From Kimi-K2.6:

      Copilot is hallucinating hard. In Vic, a No Stopping breach is a single offence — the crime is committed the second your shitbox stops moving. It’s not a subscription service that bills your wallet every 22 minutes.

      Council fines you at 9:00. Cops see you at 9:22. Same continuous stop, same offence. They can’t tag-team your bank account unless you actually drove away and came back to do it again.

      “Fresh offence event” is pure AI fanfiction. Tell Copilot to touch asphalt.

      • Copilot is legally regarded

        Is that the r/wallstreetbets definition of regarded or…

      • Copilot is legally regarded.

        And absolutely essential when flying some planes.

        Copilot is hallucinating hard.

        This is not good. Time to ask airplane cabin if there are any copilots, doctors or really slow runners on board.

    • -1

      Every moment the vehicle remains illegally stopped, the offence continues.

      Because 22 minutes have passed, this is treated as a fresh offence event.

      Pick a lane.
      The offence continues or it's fresh, not both.

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