Automotive

Received a Notice of a parking ticket in the mail never received the ticket on my windshield

  • Last Updated:
  • Dec 4th, 2022 11:41 pm
[OP]
Sr. Member
Mar 21, 2002
875 posts
38 upvotes
Burnaby

Received a Notice of a parking ticket in the mail never received the ticket on my windshield

The officer wasn't able to serve me the ticket because I drove away before they could put it on the windshield. Is this a valid argument to get the ticket dismissed?

Thanks
47 replies
Deal Addict
Nov 6, 2014
1241 posts
2256 upvotes
0 downvotes (Maple,O…
mxthor3 wrote: LOL, really?
You think driving away from an infraction absolves you from responsibility? Give your head a shake.....is that what you want to believe? The officer will swear he drove away. And he will say correct. Guilty. Even if he
lies, the officer has the benefit of the doubt he drove away. Good luck....but is that parking ticket worth his time? Don't pay it......see if he'll be able to renew your license. Did you think he unlocked some trick that hasn't ever been addressed?

C'mon
Deal Addict
Oct 1, 2015
2747 posts
3803 upvotes
Barrie, ON
fordmaple wrote: You think driving away from an infraction absolves you from responsibility? Give your head a shake.....is that what you want to believe? The officer will swear you drove away. And you will say correct. Guilty. Even if you lie, the officer has the benefit of the doubt you drove away. Good luck....but is that parking ticket worth your time? Don't pay it......see if you'll be able to renew your license. Did you think you unlocked some trick that hasn't ever been addressed?

C'mon
I'm sure you didn't quote me on purpose, lol.
Deal Addict
Nov 6, 2014
1241 posts
2256 upvotes
0 downvotes (Maple,O…
mxthor3 wrote: I'm sure you didn't quote me on purpose, lol.
Sincere apologies, it was meant for the OP.
Deal Expert
Mar 23, 2004
33251 posts
15131 upvotes
mxthor3 wrote: LOL, really?
LOLOL no kidding. This is one of the funniest ones in a while...LMAO :lol:

I can just see the court appearance now:
"Listen Your Worship, yes it's true the enforcement officer printed me up the ticket but I got in my car and made a getaway before s/he could put it on the car :) Therefore I'm clearly not guilty of this offence."
Last edited by ES_Revenge on Dec 1st, 2022 3:58 pm, edited 1 time in total.
Deal Addict
Oct 1, 2015
2747 posts
3803 upvotes
Barrie, ON
fordmaple wrote: Sincere apologies, it was meant for the OP.
All good, I still can't believe this question was even asked lol.
Deal Guru
Jun 11, 2005
13574 posts
2963 upvotes
Toronto
Your ticket will be dismissed. Let the court know that according to Section 3.1 (b) of the HTA

“Infractions must be hand delivered and placed neatly under the wiper blade of the offending vehicle in order for the ticket to be valid by the ticketing officer”

Case closed. You can thank me later
Deal Guru
Oct 7, 2010
13465 posts
4362 upvotes
Hahaha need to talk to the government to disclose what happened. This is thread of the year right there.
Sr. Member
Jun 21, 2022
682 posts
911 upvotes
Gta
trixstar wrote: Your ticket will be dismissed. Let the court know that according to Section 3.1 (b) of the HTA

“Infractions must be hand delivered and placed neatly under the wiper blade of the offending vehicle in order for the ticket to be valid by the ticketing officer”

Case closed. You can thank me later
OP is in BC. Ontarios highway traffic act isn’t enforceable there.

Further, Highway traffic act does not regulate method of service in Ontario, provincial offences act does. Acceptable methods of service include affixing to vehicle in conspicuous place at time of alleged infraction or delivering personally to person having care and control of vehicle at the time of the alleged infraction infraction.

Only speed and red light cam tickets can be served by mail in Ontario.
<unnecessary signature>
Deal Expert
Mar 23, 2004
33251 posts
15131 upvotes
trixstar wrote: Your ticket will be dismissed. Let the court know that according to Section 3.1 (b) of the HTA

“Infractions must be hand delivered and placed neatly under the wiper blade of the offending vehicle in order for the ticket to be valid by the ticketing officer”

Case closed. You can thank me later
LOL guessing this was satire or an attempt to see if OP would actually go to court and cite this :lol: S.3 of the HTA has to do with the Registrar of Motor Vehicles (a person/position) and their duties and stuff, not parking infractions. Also such wording appears absolutely nowhere in any section of the HTA.

OP is from BC so wouldn't apply in any event but nice...
Newbie
User avatar
Nov 6, 2022
53 posts
55 upvotes
Québec
In other news I robbed a bank today and got away before the police could stop me. Is this a valid argument to get the robbery charges dismissed?

/s
Deal Addict
Sep 8, 2017
4634 posts
4891 upvotes
GTA
trixstar wrote: Your ticket will be dismissed. Let the court know that according to Section 3.1 (b) of the HTA

“Infractions must be hand delivered and placed neatly under the wiper blade of the offending vehicle in order for the ticket to be valid by the ticketing officer”

Case closed. You can thank me later
Delegation of powers, etc., to Deputy Minister and Registrar
(3) The Minister may authorize the Deputy Minister and the Registrar or either of them to exercise and discharge in his or her place any of the powers conferred or the duties imposed upon him or her under this Act or the regulations and, where both the Deputy Minister and the Registrar are so authorized, either of them may exercise and discharge any of the powers and duties. R.S.O. 1990, c. H.8, s. 3 (3).
???

https://www.ontario.ca/laws/statute/90h08#BK6
[OP]
Sr. Member
Mar 21, 2002
875 posts
38 upvotes
Burnaby
Thanks for all the useless responses to this. Just to let all of you know.

From the BC Community Charter Section 266 (3) (b) https://www.bclaws.gov.bc.ca/civix/docu ... section266 :

Laying information and serving ticket
266 (1)When laying an information by means of a ticket, a bylaw enforcement officer must indicate on the ticket the offence charged and must sign the ticket.

(2)The bylaw enforcement officer must serve the ticket on the person alleged to have contravened the bylaw.

(3)Service of a ticket under subsection (2) may be effected by

(a)serving a copy of the ticket on the person alleged to have contravened the bylaw immediately after the alleged contravention, or

(b)causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.

(4)Service of a ticket under subsection (2) may be proved by

(a)the oral evidence given under oath of the person who served it, or

(b)the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.

(5)The certificate referred to in subsection (4) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature.

And before you get cheeky and say... Oh but what is the Offense Act say:

Service on individual
28 (1)Subject to subsection (3), a summons must be served by a peace officer or enforcement officer, who must deliver it personally to the person to whom it is directed, or, if that person cannot conveniently be found, must leave it for the person at the person's last or usual residence with an occupant of it who appears to be at least 16 years of age.

(2)For the purposes of the service of a summons in respect of an alleged offence under a bylaw of a municipality, a peace officer includes a bylaw enforcement officer appointed under section 36 of the Police Act.

(3)A summons in respect of an alleged offence under a bylaw of a municipality or regional district may be served in the manner set out in subsection (1) by a person appointed for that purpose by the council of the municipality or the board of the regional district.

(4)For the purposes of this section, a person appointed under subsection (3) has the legal status of a peace officer.



So I guess I am off the hook for this as I was not served the ticket in any manner.
Deal Guru
Jun 11, 2005
13574 posts
2963 upvotes
Toronto
Grayson M wrote: Thanks for all the useless responses to this. Just to let all of you know.

From the BC Community Charter Section 266 (3) (b) https://www.bclaws.gov.bc.ca/civix/docu ... section266 :

Laying information and serving ticket
266 (1)When laying an information by means of a ticket, a bylaw enforcement officer must indicate on the ticket the offence charged and must sign the ticket.

(2)The bylaw enforcement officer must serve the ticket on the person alleged to have contravened the bylaw.

(3)Service of a ticket under subsection (2) may be effected by

(a)serving a copy of the ticket on the person alleged to have contravened the bylaw immediately after the alleged contravention, or

(b)causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.

(4)Service of a ticket under subsection (2) may be proved by

(a)the oral evidence given under oath of the person who served it, or

(b)the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.

(5)The certificate referred to in subsection (4) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature.

And before you get cheeky and say... Oh but what is the Offense Act say:

Service on individual
28 (1)Subject to subsection (3), a summons must be served by a peace officer or enforcement officer, who must deliver it personally to the person to whom it is directed, or, if that person cannot conveniently be found, must leave it for the person at the person's last or usual residence with an occupant of it who appears to be at least 16 years of age.

(2)For the purposes of the service of a summons in respect of an alleged offence under a bylaw of a municipality, a peace officer includes a bylaw enforcement officer appointed under section 36 of the Police Act.

(3)A summons in respect of an alleged offence under a bylaw of a municipality or regional district may be served in the manner set out in subsection (1) by a person appointed for that purpose by the council of the municipality or the board of the regional district.

(4)For the purposes of this section, a person appointed under subsection (3) has the legal status of a peace officer.



So I guess I am off the hook for this as I was not served the ticket in any manner.
You are off the hook on this one. You just have to make sure to attend the court date and read out what you posted. You can thank me later

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