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Port Phillip and Glen Eira councils have set up parking refund schemes following the Ombudsman’s report

Glen Eira and Port Phillip councils have set up a repayment scheme for drivers eligible for refunds on their parking fines following the Victorian Ombudsman’s ruling the councils may have acted illegally. Here’s how to apply for your money back.

Victorian Ombudsman Deborah Glass has found some councils may have acted illegally when the charges were contested by motorists. . Picture: Alex Coppel.
Victorian Ombudsman Deborah Glass has found some councils may have acted illegally when the charges were contested by motorists. . Picture: Alex Coppel.

About 22,000 people are owed $2.37 million in refunds for parking fines issued by Glen Eira Council over the decade to 2017.

It comes after the Victorian Ombudsman found the council may have acted illegally when the charges were contested by motorists.

Glen Eira was one of three councils to be investigated by the Ombudsman, with Port Phillip and Stonnington also under fire for their parking fine review processes.

Ombudsman Deborah Glass said the councils acted “contrary to law” by outsourcing reviews of the fines to a private contractor.

From today, people who unsuccessfully challenged fines between July 1, 2006 and November 17, 2016 can apply to have this decision reviewed.

You can submit an application for review on Glen Eira council’s website.

Mayor Margaret Esakoff said the council had already changed its processes to be in-line with the Ombudsman’s second recommendation to replace the “squiggle by an anonymous officer” in the signature panel with an identifying reference number.

Cr Esakoff said the community “can have confidence that we are fully compliant” with requirements in the Infringements Act.

“We were pleased to see that the Ombudsman also recommended that Fines Victoria provide better communication with councils and enforcement agencies regarding the intent of the legislation and has also recommended that the Department of Justice and Community Safety seek amendments to the legislation’s drafting for the avoidance of doubt,” she said.

“We look forward to the State Government providing this further clarity as a priority, bringing resolution to this matter.”

Meanwhile, Port Phillip Council Mayor Bernadene Voss said the council “stands by its position” that parking fine appeals conducted over the 10-year period were legal.

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“Port Phillip Council acknowledges that the Victorian Ombudsman’s investigation into three councils, including ours, has found the use of a private contractor … ‘appears to have been contrary to law’,” she said.

“We take our responsibility to manage public funds seriously, we also acknowledge the importance of maintaining the community’s trust in the credibility of the parking infringement system.”

Cr Voss said the council had late last year voluntarily established a “goodwill refund scheme”.

The scheme was only announced yesterday, following the release of the Ombudsman’s report.

It will refund the full amount of fines paid by all motorists who unsuccessfully appealed an infringement from July 2006 to August 2017, except those whose infringement appeals were reviewed directly by council officers or appealed to the Magistrates’ Court.

All motorists who meet these criteria can make an application for a refund online.

Cr Voss said the council had taken on board the Ombudsman’s recommendations about improving processes, “particularly relating to the speed in which appeals were reviewed”.

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Original URL: https://www.heraldsun.com.au/leader/inner-south/port-phillip-and-glen-eira-councils-have-set-up-parking-refund-schemes-following-the-ombudsmans-report/news-story/53dd90cf33e84fbed2dce1088227e7aa