Dispute an overdue fine

Depending on the nature of your overdue fine:

  • if your fine is from a court, you can contact the court from where the fine was issued to find out the appeal options that are available, or
  • you can dispute the overdue fine for failure to vote using myEnforcement Order, or

  • you can request to have your overdue fine heard in court by applying for an annulment.

Applying for an annulment

To apply for an annulment you must complete both a questionnaire and an application which will take around 10 minutes in total to complete. Please allow enough time to complete the application as the system will not allow you to save your information. Before you start your application, you must have your:

  • overdue fine number(s)
  • penalty notice number(s)
  • drivers licence number
  • supporting documentation, see examples below.
  • email address
  • phone number

In your supporting documentation, you will be required to:

  • Prove you were unable to deal with the penalty notice and penalty reminder notice by the due dates
  • Support your reason for disputing the offence
  • Support your reason why you are applying for a waiver of the annulment fee (if applicable).

You can find examples of supporting documentation below.

To begin, first assess whether you are eligible to apply for an annulment by completing the annulment questionnaire.

Once you have completed the questionnaire, you will be advised whether you are eligible to apply, and informed of the documentation that you are required to submit.

Before lodging an application, you can seek legal advice. If your application is approved, you may have to attend court. Staff at the Local Court can provide information about court procedures, but not legal advice. For free legal information and referral services, contact LawAccess (operated by the Department of Justice) on 1300 888 529 or www.lawaccess.nsw.gov.au.

If you are eligible to apply, you are required to pay a $50 non-refundable application fee per overdue fine. Please note that some overdue fines may list multiple penalty notices, however only one fee is payable per overdue fine even if you are disputing more than one penalty notice listed on that overdue fine.

On occasion the application fee may be waived for people under particular circumstances.

What happens after I submit my application?

Once you have submitted your application, it will be assessed along with any supporting documentation, which can take up to 6 weeks. You will be advised in writing of the outcome. If your application supports a claim that you were unable to finalise the penalty notice and a review has not previously been conducted, we will conduct a review using the review guidelines.

If the review determines there is no cause to withdraw the penalty or we are unable to transfer liability to the driver responsible, we will list the matter before a court. We will generally list the matter at the nearest local court to where the offence was alleged to have occurred.

You will be advised in writing of the date and court to attend. If you have already made a payment, we will refund or transfer the payment to any other outstanding fine in your name. We will notify the Roads and Maritime Service to remove any demerit points attached to the offence in your name.

If the magistrate finds the offence is not proven or dismisses the case, you are not required to pay. If you are unsuccessful, the court will tell you what you owe, how to pay and your appeal options.

Note: The court may apply additional costs.

What if my application is refused?

If your circumstances do not support your claim that you were unable to finalise the penalty reminder notice, we will advise you in writing that your application is refused. You will have a further 28 days to make a payment or set up a pay by instalment plan before enforcement action recommences. Your $50 application fee will be kept unless we have made an error.

If you wish to appeal our 'refusal' decision, you must lodge a written application to the Registrar of a NSW Local Court within 28 days of our letter. The court may charge an additional fee. If your appeal is successful and the court hears the case involving the original penalty notice, additional costs may apply.

Examples of supporting documentation

To help you prepare your application, some common examples of documentation required when requesting an annulment are listed below.

If you think any of these apply to your situation, please have them ready before you start your application. We accept attachments in PDF, DOC and JPEG/JPG formats.

Documentation supporting reasons you were unable to deal with the penalty or reminder notice by the due date

  • Department of Immigration and Border Protection (DIBP) movement records.

  • Hospital admittance and discharge records.

  • Letter and documentation from an Advocacy Group.

  • Confirmation from Australia Post confirming delivery issues at your address.

  • Evidence from your medical provider.

  • Evidence from the Roads and Maritime Services (RMS) or other authority showing an error has occurred in their records.

Documentation supporting reasons for reviewing the document

  • Statutory declaration to nominate the driver responsible.

  • Copy of a valid parking ticket.

  • Copy of mobility parking permit (front and back).

  • Clear copy of your parking permit.

  • Tow truck receipt or NRMA call out sheet.

  • Evidence that you did not own the animal or the animal is deceased.

  • Police event number.

  • Clear copy of your valid bus, train or ferry ticket, permit or concession card.

Documentation supporting the waiving of the application fee

  • Current Centrelink statement not more than 6 months old.

  • A letter and supporting documentation from health practitioner, psychiatrist, registered psychologist, mental health nurse, case worker, solicitor or a government agency or non-government organisation with professionals qualified to make assessments in homelessness, mental health, intellectual disabilities or cognitive impairments. The documentation should explain the situation, the diagnosis, the severity and effects of the situation/illness/condition and/or how long the applicant has had the illness/condition. The supporting documentation should be no older than 6 months from the date of the application.

Last updated: 30 November 2017