Campus Parking Payment Options and Infringements
JCU's traffic and parking regulations are defined and regulated under the James Cook University Act 1997, the State Penalties Enforcement Act 1999, and the State Penalties Enforcement Regulation 2014.
JCU Security Officers and other authorised persons regularly patrol University campuses and issue infringement notices to vehicles found to be in breach of traffic regulations.
Infringement notices are issued via a handheld device and are generally placed under a windscreen wiper of the vehicle. The jurisdiction of JCU Security Officers or other authorised persons extends to all University sites. Photographs of vehicles will be taken at the time an infringement notice is issued.
When an infringement notice will be issued
Infringement notices will be issued when a vehicle is parked in contravention of the current regulations identified above. Some of the more common offences are listed below.
Infringement amounts are linked to Penalty Units, which are defined by the Queensland State Government and varied from time to time. One penalty unit in Queensland is currently $130.55.
Common offences and penalties
|Failure to display a required permit whilst parking||½ penalty unit|
|Contravention of a notice containing the words No Parking or No Standing||1 penalty unit|
|Parking or standing on a place where the parking or standing of a vehicle is prohibited or restricted by notice||½ penalty unit|
|Exceeding the (signposted) time restriction||½ penalty unit|
|Vehicle not parked in a marked bay||½ penalty unit|
|Contravention of a notice prohibiting or restricting any other parking or standing – parked outside a designated car park as indicated by the Campus Parking and Transit maps||½ penalty unit|
Parking or standing on a site, parking place or space restricted by notice to vehicles of a particular class or subset of which the vehicle is not one:
|½ penalty unit|
|Driving on a road in the direction contrary to that permitted by notice – driving the wrong way on a road||1 penalty unit|
Lost or destroyed infringement notice
If the infringement notice is lost or destroyed, please contact firstname.lastname@example.org and provide your vehicle registration number.
You will be provided details of the infringement notice so that payment of the fine can be made.
If you believe you have been incorrectly issued an infringement notice, or the information contained on the infringement notice is incorrect, or there are mitigating circumstances, you have the option to lodge an appeal.
An appeal must be made in writing and lodged on the Parking Infringement Notice Appeal Form (PDF, 439 KB). The completed form must be sent as a PDF attachment by email to email@example.com, or posted in hard copy to The Appeals Officer, JCU Parking, Estate Directorate, James Cook University, Douglas, QLD 4811.
The infringement notice number and postal address must be quoted for the appeal to be processed. The appeal must clearly explain why you believe the notice should be withdrawn.
Unacceptable reasons for illegal parking
The following reasons are not considered grounds for appeal:
- "I was running late for class and could not find a park."
- "There is not enough car parking spaces available on campus."
- "Vehicles parked next to mine did not have an infringement notice on them."
- "There were other vehicles parked there, so I thought I was allowed to park there."
- "I pay my student fees, so I should be allowed to park near where I study."
- "My vehicle was not parked in a dangerous manner."
- "My permit fell off my windscreen" or "I forgot to display my parking permit" (the offence is failure to display the permit, not failure to pay for a permit)
- "I only left the car for a few minutes."
- "I was on official JCU business."
- "I did not know I had to pay for parking."
- "All of the car parks were full."
You have the opportunity to provide a Statutory Declaration (PDF, 80 KB) to JCU if you believe you are not liable for the offence due to the following reasons:
- The vehicle was being used illegally
- The vehicle was being used by another person (nominated by you)
- The vehicle was being used by another person (but unable to be identified)
- The vehicle had been sold or otherwise disposed of
If the Statutory Declaration is received within 28 days of the offence and the actual offender cam be identified, a prosecution against them may be commenced instead of enforcement of the notice. The Statutory Declaration must be signed in the presence of a Commissioner of Declarations or a Justice of the Peace and forwarded as a PDF attachment by email to firstname.lastname@example.org or in hard copy to The Appeals Officer, JCU Parking, Estate Directorate, James Cook University, Douglas, QLD 4811.
Once a decision has been reached, a letter advising the outcome will be sent to the appellant. In the meantime, no further referral action will occur until you have been advised of the decision. The documents will be reviewed, taking into account:
- Information provided in the appeal document or Statutory Declaration
- Information on the infringement notice being correct (offence, location)
- Any other mitigating circumstances, including notes recorded by the JCU Security Officer or other authorised person at the time of the offence.
The reviewing office will recommend if the infringement notice should be upheld or withdrawn by the JCU Delegated Administering Authority appointed under Section 28 of the State Penalty Enforcement Act 1999. A letter will be forwarded to advise if the infringement notice has been upheld or withdrawn. This may take a number of weeks.
If you are advised that the Infringement Notice has been withdrawn, no further action will be taken by the University.
If you are advised the Notice has been upheld, you will have a further period of time to pay the outstanding amount. Failure to pay within this period will result in the infringement being referred to the State Penalties Registry. Additional costs will be incurred by you should this occur.
If you are not satisfied with the decision of the Delegated Administering Authority, you must advise the University that you wish to have the matter dealt with in a Court of Law.
If the University decides to take the matter to Court, you will be liable for obtaining your own legal advice. If you lose the case in Court you may also be
liable for any costs incurred by the University.
Common explanations offered for illegal parking
"All the car parks were full."
It is every driver’s responsibility to park legally. Whilst the University acknowledges it is difficult to find a park during peak periods, a permit is only a ‘licence to look’ and parking is not guaranteed.
Staff and students are encouraged to seek alternate travel to campus in peak times. Carpooling, public transport and cycling to the University are options.
"I was not obstructing other vehicles or parked in a dangerous manner."
You are not allowed to park on lawns, median strips or unsigned areas. Such activity damages University assets (such as sprinklers, underground infrastructure, etc.) and creates a hazard or risk to other people or the environment.
"I have a permit but I left it in the glove box" or "My permit was on my other car."
The offence is a failure to display a valid permit, not failure to have paid for a permit. Logistically, before issuing an infringement notice it is virtually impossible for the JCU Security Officer or other authorised person to check to see if a permit has been issued for every vehicle where none is displayed.
"I did not see the sign" or "I didn’t understand the sign."
Licensed drivers are deemed to understand signage as set out in the Manual of Uniform Traffic Control Devices which sets the community standard for parking and traffic signage.
"I was on official University business."
No matter what the purpose of the trip, you are required to park legally.
"Nobody else got a ticket."
Officers patrol a large campus and may only attend an area for a short time before being called away. The fact remains the infringement occurred and the notice is therefore valid.
"I did not receive a reminder notice because I changed my address."
It is an individual’s responsibility to change addresses with relevant Government Departments. The University is not required to send reminder notices,
however does this in good faith. Failure to receive a reminder notice does not change the validity of the Notice.
"I pay my student fees – I should not have to pay parking fines."
How people choose to travel to campus is their choice. If you wish to park at the University then parking rules have to be followed. If you do not wish to park at the University, other options are available to you.