Parking Ticket & Statute of Limitation

[mexx]

It is the early summer of 2009. I needed to make a quick dropoff at a store but their small parking lot was full so I see that there is a bigger lot just beside theirs. This lot is huge and at the time it was less than 25% full so I figure I will just park there real quick and do my thing and head out. The lot appeared like any general lot with no gate or anything to stop people from using it.
Well there must have been a security guard on site whose job was to hand out tickets all day long because it literally took me all of 5 minutes from my car to the store back to my car when I see the ticket on my windshield.

I decided to use option 3 and set a trial date. The court finally sent me the notice of trial the other day. I notice that the actual trial date is set for a time that is over one year from the date of issue for the ticket.
Can I have this thrown out because it has been over one year? The set fine is $25 which I know is not much but it bothers the hell out of me that they expect me to pay $25 for 5 minutes of parking. Do you think the JoP will lessen the fine to something more reasonable given the time I parked? I would be willing to pay $5-10 as that would be fair. If I request to have the trial date switched to an evening, do you think that the chances that the officer will not show are greatly increased?

 

[Keebler Elf]

You won't get off because it's been a year.

You're not paying $25 for 5 minutes of time, you're paying $25 because you parked illegally on someone else's property.

People talk about the government wasting tax payer's money? Well, here's a perfect example of someone wasting all our tax dollars fighting a ticket he should have paid long ago.

I hope you lose.

 

[mexx]

Don't tell me that you've never done a quick park and dropoff or pickup before. I also didn't see any easily visible signs on the other lot clearly indicating it was private property.

You must work for the government or make money directly or indirectly from these frivolous fees.

 

[basketcase]

Was the ticket issued by the city or was it by a private enforcement agency with tickets made up to be similar to those of the city? If it was private you won't have to do much because the only trial will be in small claims court. Just don't park in any of their lots again.

 

[djk]

It is the early summer of 2009. I needed to make a quick dropoff at a store but their small parking lot was full so I see that there is a bigger lot just beside theirs. This lot is huge and at the time it was less than 25% full so I figure I will just park there real quick and do my thing and head out. The lot appeared like any general lot with no gate or anything to stop people from using it.
Well there must have been a security guard on site whose job was to hand out tickets all day long because it literally took me all of 5 minutes from my car to the store back to my car when I see the ticket on my windshield.

I decided to use option 3 and set a trial date. The court finally sent me the notice of trial the other day. I notice that the actual trial date is set for a time that is over one year from the date of issue for the ticket.
Can I have this thrown out because it has been over one year? The set fine is $25 which I know is not much but it bothers the hell out of me that they expect me to pay $25 for 5 minutes of parking. Do you think the JoP will lessen the fine to something more reasonable given the time I parked? I would be willing to pay $5-10 as that would be fair. If I request to have the trial date switched to an evening, do you think that the chances that the officer will not show are greatly increased?

You can try to go with a 11(b) charter defense.

http://www.canlii.org/en/ca/charter_digest/s-11-b.html

 

[randygirl]

You can try to go with a 11(b) charter defense.

http://www.canlii.org/en/ca/charter_digest/s-11-b.html

Er, um...can someone please translate? My brain stopped working, I don't think it can process legalese.

 

[djk]

Er, um...can someone please translate? My brain stopped working, I don't think it can process legalese.

http://tinyurl.com/3xsylzy

 

[Questor]

Don't tell me that you've never done a quick park and dropoff or pickup before. I also didn't see any easily visible signs on the other lot clearly indicating it was private property.

You must work for the government or make money directly or indirectly from these frivolous fees.

Its got nothing to do with anyone parking illegally. There's nothing terribly wrong with doing a quick drop off. I've done it. I've also been nailed for it. So I paid the fine and got on with life. What I didn't do is demand a trial that will cost the public thousands of dollars just because 5 minutes of parking is not worrth $25. Pay the fine.

 

[Lochlan651]

I always pay for my parking, so never need to deal with tickets. 5mins of parking rarely costs more than $1 anywhere I have to worry about going.

But if the lot was not marked as private property, and there was no method to pay for parking, go take some pictures and show them to the JP.
If thats the case maybe you have an out that way.

If you just didn't notice it, you are shit outta luck.

 

[Aardvark154]

Er, um...can someone please translate?

Randygirl it is the: 'the unreasonable delay of the trial violated my rights under the Charter of Rights and Freedoms defence'. Not nearly so successful a defence now as it was a few years ago.

 

[djk]

Ok.

Mexx, if you do not wish to do the whole 11b charter defense. This is your only other option. It sounds this happened in Mississauga as parking on private property without consent is $20 early fine, $25 set fine. In Mississauga, PEO's get OT to show up, so it is most likely the officer will show. In most cases the prosecutor will ask the JP to include court costs along with the fine. So your $25 set fine can jump up to $500. If the court is packed, I've seen they will make an offer to everyone present to reduce the set fine by 50% or throw out if the officer is a no show if you are willing to plead guilty or they will proceed with trial. If they don't make the former offer, talk to them respectfully and explain your situation and you're willing to plead guilty. Remember, there's a difference between what is fair and what is legal. Mouth off or act like you're entitled, the prosecutor will tell you to fuck off and proceed with trial.

Also was the ticket handwritten or computerized? If it was handwritten, it was done by a MLEO (in other words, a private security guard trained by the city to issue parking tickets for clients who hire the security company for service). If it was computerized, it was done by a city PEO. What's the difference? MLEO's are far less likely to show up in court.

Finally, I'm not a lawyer, paralegal or PEO/MLEO. I simply have some personal experience in this area and know some people in this field.

 

[zardoz]

There is an almost identical thread : https://terb.cc/vbulletin/showthrea...tion-lawyers-please-help!!&highlight=diane-35

On the other thread, OP successfully cancelled the ticket. it was a handicap ticket worth $500, so I see why it was worth the trouble.

In my experience, if it`s $25 it is not worth filing section 11b, it`s a lot of work. Just show up on court date and plea guilty with explanation. the justice will most likely waive the fine or reduce to $10 or less. Heck it`s not even worth showing on court, just pay $25.

 

[oldjones]

Don't tell me that you've never done a quick park and dropoff or pickup before. I also didn't see any easily visible signs on the other lot clearly indicating it was private property.

You must work for the government or make money directly or indirectly from these frivolous fees.

What? You believe that half a dozen centuries after we started taking land from the First Nations, no one noticed that little bit and it's somehow nobody's property? What kind of an upbringing did you get to think you have any right at all to occupy someone else's property w/o paying for the privilege?

Like the guys who park across a driveway, 'just for a minute'. Or block a traffic lane, 'just for a sec'. Leave your car at home if you can't manage it responsibly out in the world.

That means paying for parking it.

 

[diehard]

You won't get off because it's been a year.

You're not paying $25 for 5 minutes of time, you're paying $25 because you parked illegally on someone else's property.

People talk about the government wasting tax payer's money? Well, here's a perfect example of someone wasting all our tax dollars fighting a ticket he should have paid long ago.

I hope you lose.

I hope he wins.

 

[luckyjackson]

Hmm...I was hoping this thread would be about old tickets. I kind of agree that fighting this one would be frivolous.

I recently received a letter from the Ontario Courts telling me I have almost $400.00 in unpaid tickets...and they all range in age from 1983 to 1991! WTF? I've renewed my license and plates all these years without these ever being flagged, and to the best of my knowledge paid these a very very long time ago. I don't know about others, but I simply don't hold on to records that long. Is it fair to expect me to? Anyone else get such a letter? I should note that they don't provide details of the offences, (not that I'd remember), just dates and amounts.

 

[Questor]

I recently received a letter from the Ontario Courts telling me I have almost $400.00 in unpaid tickets...and they all range in age from 1983 to 1991! WTF? I've renewed my license and plates all these years without these ever being flagged, and to the best of my knowledge paid these a very very long time ago. I don't know about others, but I simply don't hold on to records that long. Is it fair to expect me to? Anyone else get such a letter? I should note that they don't provide details of the offences, (not that I'd remember), just dates and amounts.

This seems like an unreasonable request on the part of the government. I don't know what the law is though. I know I pay for whatever tickets I get, and if the government screwed up and sent me a letter asking for payment going back for years, then there is no way I could provide proof of payment.

 

[mexx]

djk, thank you very much for that insightful information. I will ponder it wisely and proceed accordingly.

zardoz, your first-hand experience in this type of matter is much appreciated also.

diehard, thanks for the support.

 

[Dewalt]

www.parkingtickets.to it is worth the $10 to get that guy to tie up your tickets in the system for years till they are thrown out.

 

[minnie_me]

The set fine is $25 which I know is not much but it bothers the hell out of me that they expect me to pay $25 for 5 minutes of parking. Do you think the JoP will lessen the fine to something more reasonable given the time I parked? I would be willing to pay $5-10 as that would be fair.

Ha ha ha!!! This is fucken hilarious. You are willing to settle for $5 - $10 when all you had to do was put in a freakin dollar in the first place. Dumbass! LOL !!!!!!!!!

 

[Cassini]

Hmm...I was hoping this thread would be about old tickets. I kind of agree that fighting this one would be frivolous.

I recently received a letter from the Ontario Courts telling me I have almost $400.00 in unpaid tickets...and they all range in age from 1983 to 1991! WTF? I've renewed my license and plates all these years without these ever being flagged, and to the best of my knowledge paid these a very very long time ago. I don't know about others, but I simply don't hold on to records that long. Is it fair to expect me to? Anyone else get such a letter? I should note that they don't provide details of the offences, (not that I'd remember), just dates and amounts.

I think they are going back and trying to bill for old tickets. I would push for details, arguing the position you already paid all tickets from the time period. Question if these tickets were actually issued to you? Does the vehicle correspond to yours? License plate #? Do the tickets have your correct home address? Does any paperwork corresponding to the ticket have your signature? Demand copies of all records regarding payment of tickets that you paid from the time period, to ascertain these are not duplicates. Do they have any payment records? Do any tickets correspond to time periods when you were out of the country? seriously ill? graduating? at any verifiable, known location?

I think back in the 1980's the plates followed the vehicle, making it possible these tickets were not your tickets.

Also, watch out for scammers sending out official looking notices demanding payment. Make sure this is actually an official government notice. It is possible that someone in the 1980's was pocketing revenue coming into the department, making the tickets disappear administratively, and this is all coming to light after the fact. Keep your eyes open. Sometimes, these situations involve a backstory that may not be initially obvious.