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jumoyolin
Sep 25th, 2008, 06:29 PM
Here is the story, hope someone can help...

I stopped my car at the drop off driveway of a condo after dropping a passenger off, I decided to quickly use the washroom at the coffee shop next door. There was still a passenger waiting for me in the car while I went. I came back after only about 1-2 minutes, and I saw the security guard of the condo in the process of writing me a ticket. He told me "You can't park here", I was in a rush so I didn't argue with him and just drove away.
As you have guessed, after about 2 months, I have just received a parking ticket in my mail for $250 for reason "park in a fire route" and it is from the city of toronto.
My questions are:
1. The security guy didn't actually give me the ticket, he was still just writing it as I was driving away. Is the ticket valid? Would he have to physically put it on my windshield for it to count?
2. What is the definition of "park"? In my case there was a passenger in the car who is capable as a driver, would that be counted as "stop"?

I will try to dispute the ticket as it doesn't feel good to pay $250 to use the washroom. I guess the security is really doing his job, but its just so mean to give me a ticket when I'm gone for just 2 minutes, I could understand if I'm gone for 10 minutes or more. It just feels un-human. He didn't even have time to give it to me or put it on my car.:mad: :mad: :mad:

Appreciated if someone can answer my questions.
Thanks!

Mattones
Sep 25th, 2008, 06:58 PM
fight it. People park there with moving trucks for hours causing people to be who get dropped of having to walk more:lol:

spf1971
Sep 25th, 2008, 07:31 PM
Here is the story, hope someone can help...

I stopped my car at the drop off driveway of a condo after dropping a passenger off, I decided to quickly use the washroom at the coffee shop next door. There was still a passenger waiting for me in the car while I went. I came back after only about 1-2 minutes, and I saw the security guard of the condo in the process of writing me a ticket. He told me "You can't park here", I was in a rush so I didn't argue with him and just drove away.
As you have guessed, after about 2 months, I have just received a parking ticket in my mail for $250 for reason "park in a fire route" and it is from the city of toronto.
My questions are:
1. The security guy didn't actually give me the ticket, he was still just writing it as I was driving away. Is the ticket valid? Would he have to physically put it on my windshield for it to count?
2. What is the definition of "park"? In my case there was a passenger in the car who is capable as a driver, would that be counted as "stop"?

I will try to dispute the ticket as it doesn't feel good to pay $250 to use the washroom. I guess the security is really doing his job, but its just so mean to give me a ticket when I'm gone for just 2 minutes, I could understand if I'm gone for 10 minutes or more. It just feels un-human. He didn't even have time to give it to me or put it on my car.:mad: :mad: :mad:

Appreciated if someone can answer my questions.
Thanks!

1. Yes the ticket is legal.
2. No he doesn't have to place it on your windshield.
3. "Park" is when you place your vehicle in park or neutral and exit the vehicle. Having a passenger in the car doesn't mean anything because if it did, your passenger should have been able to move the car when the guard came out.
4. You're not paying $20 for going to the washroom, you're paying $250 for illegally parking.
5. 2 minutes to walk next door, use the washroom, wash your hands and then walk back; doubtful.
6. It's un-human for him to enforce parking laws but perfectly human for you to break then. Pretty good logic you have.

mic2074
Sep 25th, 2008, 08:37 PM
are you sure it's from the City of Toronto ? I didn't know security guard from a condo is authorized to issue City of Toronto tickets.

ELT
Sep 25th, 2008, 09:05 PM
Security guards can write city tickets.
Ticket has to be served - either put under a wiper, or given in your hands. If you drove away before that guard should've made a note of that on a ticket, and this should have been an end of it - at least that was the case about 4-5 years ago. Of course, this could've changed since then.
Try to fight it.

mic2074
Sep 25th, 2008, 10:33 PM
Security guards can write city tickets.
Ticket has to be served - either put under a wiper, or given in your hands. If you drove away before that guard should've made a note of that on a ticket, and this should have been an end of it - at least that was the case about 4-5 years ago. Of course, this could've changed since then.
Try to fight it.

I thought only cops and city parking enforcement agents can give out city tickets. If he's on the condo driveway, that's private property - why would it be city ticket.

jumoyolin
Sep 25th, 2008, 10:47 PM
Thanks for the suggestions to fight it, I'll try that and post what happens in the end.

are you sure it's from the City of Toronto ? I didn't know security guard from a condo is authorized to issue City of Toronto tickets.
Yes, pretty sure its from city of toronto as the letter even has toronto.ca/parkingtickets on it, and make sense the city would let them as it is more income for them? LOL...

1. Yes the ticket is legal.
2. No he doesn't have to place it on your windshield.
3. "Park" is when you place your vehicle in park or neutral and exit the vehicle. Having a passenger in the car doesn't mean anything because if it did, your passenger should have been able to move the car when the guard came out.
4. You're not paying $20 for going to the washroom, you're paying $250 for illegally parking.
5. 2 minutes to walk next door, use the washroom, wash your hands and then walk back; doubtful.
6. It's un-human for him to enforce parking laws but perfectly human for you to break then. Pretty good logic you have.

hi spf1971,
1. my main point is to ask if i can dispute the ticket because he didn't hand it to me or put it on my car.
2. look at #1
3. my passenger was a capable driver of the car, i left my keys inside, she didn't see the security guy because he was just standing behind the car when he was writing the ticket, the security guy didn't talk to my passenger or let her know
4. thanks for letting me know that, the letter didn't make it clear enough to me probably
5. the coffee shop takes 5 seconds to walk to from where i parked, takes me 2 seconds to run there, and i'm a guy, maybe you should check with your doctor you don't have prostate hyperplasia if it takes more than 2 minutes for you, sorry to hear that and hope your health is ok
6. i never said it is perfectly human for me to break the law, please read my original post again. i mean, i already made it as quick as possible, and i park to the very edge of the driveway to make sure cars can get through for sure. i just think the security is cold blooded because he saw me come back to my car in such short time and also he hasn't finish writing the ticket, and still issue the ticket to me in the end. i guess he was having a bad day!

thephenom
Sep 25th, 2008, 10:53 PM
Security guards can write city tickets.
Ticket has to be served - either put under a wiper, or given in your hands. If you drove away before that guard should've made a note of that on a ticket, and this should have been an end of it - at least that was the case about 4-5 years ago. Of course, this could've changed since then.
Try to fight it.

That's what I thought as well, it's a law we inherited from the British.

tjayl
Sep 25th, 2008, 11:02 PM
i just think the security is cold blooded because he saw me come back to my car in such short time and also he hasn't finish writing the ticket, and still issue the ticket to me in the end. i guess he was having a bad day!

How does he know you are only parking for 2 minutes in that no parking zone? How long should he wait to start writing the ticket? 5 minutes? If he did wait 5 minutes, and you came back, would probably still be complaining that it was "such a short time". So how much time would have to pass before you deserve a ticket for parking in a no parking zone, and would pay it rather than fight it?

agent86
Sep 25th, 2008, 11:03 PM
I thought only cops and city parking enforcement agents can give out city tickets. If he's on the condo driveway, that's private property - why would it be city ticket.A fire route is NOT private property. Once a place is designated a fire route by the fire department, it is the city's responsibility to keep it clear.

jumoyolin
Sep 25th, 2008, 11:05 PM
That's what I thought as well, it's a law we inherited from the British.

yes, i tried googling about this, and found this:
http://www.whatcar.com/news-article.aspx?NA=225123
seems like the British is starting to change it, but the officer has to take a picture.
Found nothing for Canada or Toronto though.

mic2074
Sep 25th, 2008, 11:14 PM
A fire route is NOT private property. Once a place is designated a fire route by the fire department, it is the city's responsibility to keep it clear.

thanks for clearing that up for me... but I still don't see how a private security guard can give out city tickets. I wasn't able to find anything on that for City of Toronto.

jumoyolin
Sep 25th, 2008, 11:17 PM
How does he know you are only parking for 2 minutes in that no parking zone? How long should he wait to start writing the ticket? 5 minutes? If he did wait 5 minutes, and you came back, would probably still be complaining that it was "such a short time". So how much time would have to pass before you deserve a ticket for parking in a no parking zone, and would pay it rather than fight it?

he did not wait to start writing the ticket, if he put it on my windshield, or hand it to me, i would feel more deserved to get the ticket. Moreover, the driveway of a condo is meant for car to wait for people to come down. I think its pretty reasonable for me to run to a washroom after dropping off someone there as i'm sure cars have wait there idle-ing longer than i have stopped. And the value of the ticket is $250, which i think its quite expensive, if it had been $30, i would've just avoid the trouble to dispute and pay it.

spf1971
Sep 26th, 2008, 05:45 AM
he did not wait to start writing the ticket, if he put it on my windshield, or hand it to me, i would feel more deserved to get the ticket. Moreover, the driveway of a condo is meant for car to wait for people to come down. I think its pretty reasonable for me to run to a washroom after dropping off someone there as i'm sure cars have wait there idle-ing longer than i have stopped. And the value of the ticket is $250, which i think its quite expensive, if it had been $30, i would've just avoid the trouble to dispute and pay it.


The reason he didn't give it to you or place it on your car is because you ran away! Now you're complaining because he didn't give it to you?? Next time, wait around and let them finish writing the ticket. Then you can "feel" you deserved it.


He told me "You can't park here", I was in a rush so I didn't argue with him and just drove away.

spf1971
Sep 26th, 2008, 05:48 AM
5. the coffee shop takes 5 seconds to walk to from where i parked, takes me 2 seconds to run there, and i'm a guy, maybe you should check with your doctor you don't have prostate hyperplasia if it takes more than 2 minutes for you, sorry to hear that and hope your health is ok


I hope you didn't shake hands with anyone after because there is no way in hell you

1. walked into a store
2. walked into the washroom
3. used the washroom
4. washed your hands
5. walked back to your car in under 2 minutes.

voodoo401
Sep 26th, 2008, 06:39 AM
I hope you didn't shake hands with anyone after because there is no way in hell you

1. walked into a store
2. walked into the washroom
3. used the washroom
4. washed your hands
5. walked back to your car in under 2 minutes.

This is a good point unless he used "hands free" :cheesygri

tjayl
Sep 26th, 2008, 08:12 AM
he did not wait to start writing the ticket, if he put it on my windshield, or hand it to me, i would feel more deserved to get the ticket. Moreover, the driveway of a condo is meant for car to wait for people to come down. I think its pretty reasonable for me to run to a washroom after dropping off someone there as i'm sure cars have wait there idle-ing longer than i have stopped. And the value of the ticket is $250, which i think its quite expensive, if it had been $30, i would've just avoid the trouble to dispute and pay it.

You missed my point. Why would he wait to start writing a ticket? He doesn't know how long you are going to be gone. Just because you drove away doesn't mean you broke a rule any less.
And just because you feel something is reasonable does not mean you can feel free to do it, as you found out when you recevied your ticket. But that's a common theme in a lot of ticket threads. Someone knowingly chooses to break a written rule because they feel it shouldn't apply to them for any number of reasons, but when they are caught, they don't accept the responsibilities. You choose to take the risk and break a rule - no matter how insignificant, you should be prepared to accept the risk of having to pay. You being anyone, not you specifically. I know this won't change anyone's mind. It's just my two cents.

iluvmikeharris
Sep 26th, 2008, 08:18 AM
The reason he didn't give it to you or place it on your car is because you ran away! Now you're complaining because he didn't give it to you?? Next time, wait around and let them finish writing the ticket. Then you can "feel" you deserved it.

The point is it needs to be served to you, if you can get outathere before he's done writing it, it hasn't been served.

xstatik
Sep 26th, 2008, 08:52 AM
My understanding is that if you drive away before the ticket is placed on the windshield, the ticket is not valid. I would fight the ticket. The worst that can happen is that you never get a court date and the ticket just dissappears.

Shaner
Sep 26th, 2008, 09:27 AM
The point is it needs to be served to you, if you can get outathere before he's done writing it, it hasn't been served.

Post proof, because I'm not prepared to simply take your word for it.

jumoyolin
Sep 26th, 2008, 09:41 AM
Post proof, because I'm not prepared to simply take your word for it.

Not really a proof, but found this on the internet.
I'm going to fight it today for sure now after reading this.
http://www.fightthemetermaid.com/Defences.htm#6

jumoyolin
Sep 26th, 2008, 09:52 AM
I hope you didn't shake hands with anyone after because there is no way in hell you

1. walked into a store
2. walked into the washroom
3. used the washroom
4. washed your hands
5. walked back to your car in under 2 minutes.

You're right, there is no way in hell I can do that, because I'm not in hell.
1. its a coffee shop, i won't say which one but the washroom is right by the door
2. i've been there multiple times so i know exactly where the washroom is
3. try counting to 120 next time you go
4. takes 5 - 10 seconds
5. running to my car takes literally 2 seconds

iluvmikeharris
Sep 26th, 2008, 09:58 AM
Post proof, because I'm not prepared to simply take your word for it.

http://tituspro.com/ccnnmedia/whatever.jpg

at1212b
Sep 26th, 2008, 10:10 AM
Has to be served?

If you got pulled over, then the officer stopped to give you a ticket... on his way back from his cruiser, he is walking back to give you a ticket.

If you take off, does that mean you 'beat' it because it hasn't been served?

They are both 'Sworn' officers to uphold their specific duties as outlined by law, so it is further likely that both scenarios would be similar.

It is possible he had sworn by-law officer powers since the condo has a fire route/hydrant right on the property, which you may then want to contact the Toronto Parking Authority and confirm. If it is not, then I wouldn't worry about it.

Many other jurisdictions in N.A. also does NOT require the officer to 'serve' you the ticket in hand. It is my inference that this is also the case with Toronto.

chickenbones
Sep 26th, 2008, 10:45 AM
You received the ticket in the mail, which means it's SERVED. YOu have the ticket don't you? So it's therefore served.

Condo fire routes are city property so the tickets are "real" tickets.

xstatik
Sep 26th, 2008, 01:29 PM
Has to be served?

If you got pulled over, then the officer stopped to give you a ticket... on his way back from his cruiser, he is walking back to give you a ticket.

If you take off, does that mean you 'beat' it because it hasn't been served?

They are both 'Sworn' officers to uphold their specific duties as outlined by law, so it is further likely that both scenarios would be similar.

It is possible he had sworn by-law officer powers since the condo has a fire route/hydrant right on the property, which you may then want to contact the Toronto Parking Authority and confirm. If it is not, then I wouldn't worry about it.

Many other jurisdictions in N.A. also does NOT require the officer to 'serve' you the ticket in hand. It is my inference that this is also the case with Toronto.


I'm pretty sure there is a big difference between the Highway Traffic Act and a Municipal By-Law, You really can't compare the two.

xstatik
Sep 26th, 2008, 01:34 PM
Post proof, because I'm not prepared to simply take your word for it.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK19
Service on owner

(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,

(a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction; or

(b) by delivering it personally to the person having care and control of the vehicle at the time of the alleged infraction.


I read that as it either needs to be on the car or personally delivered to the driver ("having care and control of vehicle"). Mail doesn't seem to meet this criteria.
No other mention of "served"

NorthYorker
Sep 26th, 2008, 02:14 PM
I hope you didn't shake hands with anyone after because there is no way in hell you

1. walked into a store
2. walked into the washroom
3. used the washroom
4. washed your hands
5. walked back to your car in under 2 minutes.2 minutes is more than enough for a male to do #1 and wash one's hands (not to surgeon's cleanliness, mind you, but good enough). Barely enough time to dry, though, although one can do it on his way back.

magical
Sep 26th, 2008, 02:44 PM
You know about a year or so ago, I would be agreeing with your whining, but now I figure that, you are knowingly parking where you shouldn't being lazy basically cause you don't want to park in the proper place. Just like if there is a handicap parking stall right near you and you really need to take a leak do you park there because its convenient and you are only going to be 2 minutes, its not only rude but illegal, for 2 minutes, 30 seconds it doesn't matter.

Just like all the people that when I am making a left hand turn at a stop sign and decide to make there own lane (because they want to turn right) and turn around me because they are impatient. Do they realize that they are now blocking my view from the right? do they care no, they just make there own lane cause they are in such a hurry to get to where they are going.

Isn't it funny when you go to costco or some big place and people are literally fighting for a 'close' spot to the front of the store, same thing, they literally sit idling and then 'fighting' for that spot only to get beat by someone else, because they are so lazy that they can't walk that extra 2 minutes to the store. They usually get out of the car and trust me that walk would be a good thing.

Pay the fine, move on, and learn from your lesson, and maybe get some exercise in the end that will do you some good.

jumoyolin
Sep 26th, 2008, 02:53 PM
You know about a year or so ago, I would be agreeing with your whining, but now I figure that, you are knowingly parking where you shouldn't being lazy basically cause you don't want to park in the proper place. Just like if there is a handicap parking stall right near you and you really need to take a leak do you park there because its convenient and you are only going to be 2 minutes, its not only rude but illegal, for 2 minutes, 30 seconds it doesn't matter.

Just like all the people that when I am making a left hand turn at a stop sign and decide to make there own lane (because they want to turn right) and turn around me because they are impatient. Do they realize that they are now blocking my view from the right? do they care no, they just make there own lane cause they are in such a hurry to get to where they are going.

Isn't it funny when you go to costco or some big place and people are literally fighting for a 'close' spot to the front of the store, same thing, they literally sit idling and then 'fighting' for that spot only to get beat by someone else, because they are so lazy that they can't walk that extra 2 minutes to the store. They usually get out of the car and trust me that walk would be a good thing.

Pay the fine, move on, and learn from your lesson, and maybe get some exercise in the end that will do you some good.

i did not block a handicap space and would never do that. i know handicap people deserves to have access to those space anytime plus thats a $300 fine. all the cases you mentioned is a conflict with another person. if i knew i was blocking anybody, i wouldn't have stopped there. you are comparing apples to oranges.

magical
Sep 26th, 2008, 03:02 PM
i did not block a handicap space and would never do that. i know handicap people deserves to have access to those space anytime plus thats a $300 fine. all the cases you mentioned is a conflict with another person. if i knew i was blocking anybody, i wouldn't have stopped there. you are comparing apples to oranges.

Let me get this straight, so when your house is burning down and someone is blocking access for the fire truck to get to your house its not considered a conflict situation? Even if its not burning down a fire lane is a fire lane, you are basically making your own rules if you are parking there just like others do so in my other examples, xcept you got caught... if you decide to break em you may pay in the end, simple lesson.

ichpen
Sep 26th, 2008, 03:07 PM
Here is the story, hope someone can help...

I stopped my car at the drop off driveway of a condo after dropping a passenger off, I decided to quickly use the washroom at the coffee shop next door. There was still a passenger waiting for me in the car while I went. I came back after only about 1-2 minutes, and I saw the security guard of the condo in the process of writing me a ticket. He told me "You can't park here", I was in a rush so I didn't argue with him and just drove away.
As you have guessed, after about 2 months, I have just received a parking ticket in my mail for $250 for reason "park in a fire route" and it is from the city of toronto.
My questions are:
1. The security guy didn't actually give me the ticket, he was still just writing it as I was driving away. Is the ticket valid? Would he have to physically put it on my windshield for it to count?
2. What is the definition of "park"? In my case there was a passenger in the car who is capable as a driver, would that be counted as "stop"?

I will try to dispute the ticket as it doesn't feel good to pay $250 to use the washroom. I guess the security is really doing his job, but its just so mean to give me a ticket when I'm gone for just 2 minutes, I could understand if I'm gone for 10 minutes or more. It just feels un-human. He didn't even have time to give it to me or put it on my car.:mad: :mad: :mad:

Appreciated if someone can answer my questions.
Thanks!

Though I'm not quite understanding your emotional outburst, I do believe you can have this ticket dismissed if you're willing to dispute it.

It was not served and from my understanding you do need to SERVE the ticket to the driver of the car. The fact that it came 2 months after does not offer any proof that you were at the designated location. That's the whole point of serving the ticket AT the location of the infraction.

Anyway, you will get it dismissed if it ever shows up for court. Likely you won't even have to show up but you need to dispute it.

cynick
Sep 26th, 2008, 03:09 PM
I left my car at the airport for like 5 minutes, came back, the cop was angrily writing me a ticket.
I said sorry, and he left without giving me the ticket... :)
This is Pearson airport... so WTF is this security officer's problem?

I've noticed on other threads here in RFD, how people are so easy to judge you.. given they do commit the same offenses.. "Oh, you can't go 5km/h above speed limit... Oh, you've gotta do a complete stop, absolute complete stop, that's the law.." .. well, at least by reading this we can learn from other's mistakes and try not to repeat them... Or even better - learn from others how they've been screwed while being innocent, so we could avoid getting screwed as well..

patrickshum
Sep 26th, 2008, 03:12 PM
Let me get this straight, so when your house is burning down and someone is blocking access for the fire truck to get to your house its not considered a conflict situation? Even if its not burning down a fire lane is a fire lane, you are basically making your own rules if you are parking there just like others do so in my other examples, xcept you got caught... if you decide to break em you may pay in the end, simple lesson.

nope, if you read the OP, there was a driver in the car capable of moving the car in case a fire truck comes.

spf1971
Sep 26th, 2008, 03:14 PM
nope, if you read the OP, there was a driver in the car capable of moving the car in case a fire truck comes.

But still unable to move the car so he didn't get a ticket?

xstatik
Sep 26th, 2008, 03:18 PM
Everyone knows that Parking Tickets are just another tax on drivers. Nothing more than a Cash Grab by Miller and his gang of clowns!

3weddings
Sep 26th, 2008, 03:20 PM
I am pretty certain anyone writing a ticket is a Municipal Law Enforcement Officer and hence has their license from the city.

My friend did this years ago, and she as licensed by the city, but worked for a private towing company that monitored parking lots. When bars were closing, she would be on the street writing tickets with trucks right behind her to get the cars!!
So she was able to write tickets on private property as well as city.

OP...you did wrong, again, pay the ticket and learn your lesson.

chickenbones
Sep 26th, 2008, 03:38 PM
nope, if you read the OP, there was a driver in the car capable of moving the car in case a fire truck comes.

well what makes you think the passenger could have moved the car if a fire truck comes if he / she can't even move the car when the parking dude was writing him a ticket? I think the passenger didn't have a key!

Jin-n-Juice
Sep 26th, 2008, 04:50 PM
Has to be served?

If you got pulled over, then the officer stopped to give you a ticket... on his way back from his cruiser, he is walking back to give you a ticket.

If you take off, does that mean you 'beat' it because it hasn't been served?


lol. The officer still has your license, insurance, and ownership. If you take off, the officer will chase you and give you a couple of tickets for driving without license, insurance, and ownership... and probably evading police or something

at1212b
Sep 26th, 2008, 05:05 PM
I'm pretty sure there is a big difference between the Highway Traffic Act and a Municipal By-Law, You really can't compare the two.

Quite true, big difference in penalties and who enforces, but principally, from my interpretation, if the offense is committed, it doesn't mean it has to be handed to you. And at the end of the day, they are sworn officers with the obligation and discretion to uphold their respected legislative jurisdiction, by swearing and certifying to the offense.

My point and position is the offense in this case was committed and "Certified" by his/her signature or stamp or whatever they use on the ticket. It seems with these electronic ticket devices, its alot more efficient to 'Certify' the tickets vs the old way of writing it. Therefore it is already in the system as a Certified Offense. And from what I can read, it doesn't have to be 'Served'. It just says MAY

"Certificate of service

(6) The issuing provincial offences officer shall certify on the certificate of parking infraction that he or she served the parking infraction notice on the person charged and the date and method of service."

I also would be willing to bet as long as the officer in good faith and reasonably tried to hand or affix the ticket to the driver/vehicle, it would be good to stand up in court, if


I read that as it either needs to be on the car or personally delivered to the driver ("having care and control of vehicle"). Mail doesn't seem to meet this criteria.
No other mention of "served"

The ticket does not have to be mailed, nor delivered, but again from what I see, attempted in good faith after it had been completed and certified. What people get in the mail is just the regular follow-up notification that there is a amount still due once it has been logged (again, I doubt the officer would certify it if the vehicle has moved before the officer can certify which I think some are thinking about in this case)

xstatik
Sep 26th, 2008, 05:12 PM
Quite true, big difference in penalties and who enforces, but principally, from my interpretation, if the offense is committed, it doesn't mean it has to be handed to you. And at the end of the day, they are sworn officers with the obligation and discretion to uphold their respected legislative jurisdiction, by swearing and certifying to the offense.

My point and position is the offense in this case was committed and "Certified" by his/her signature or stamp or whatever they use on the ticket. It seems with these electronic ticket devices, its alot more efficient to 'Certify' the tickets vs the old way of writing it. Therefore it is already in the system as a Certified Offense. And from what I can read, it doesn't have to be 'Served'. It just says MAY

"Certificate of service

(6) The issuing provincial offences officer shall certify on the certificate of parking infraction that he or she served the parking infraction notice on the person charged and the date and method of service."

I also would be willing to bet as long as the officer in good faith and reasonably tried to hand or affix the ticket to the driver/vehicle, it would be good to stand up in court, if




The ticket does not have to be mailed, nor delivered, but again from what I see, attempted in good faith after it had been completed and certified. What people get in the mail is just the regular follow-up notification that there is a amount still due once it has been logged (again, I doubt the officer would certify it if the vehicle has moved before the officer can certify which I think some are thinking about in this case)

But if you drive off before the office finishes writing the ticket then what.

Also, I recall hearing on the news a few years ago about this practice as a Parking Nazi was almost run over by someone driving off and then they showed Howard Moscoe (Toronto City Crook, opps I mean Counciller) saying that the law needs to be changed because as it stands right now, the ticket needs to be placed on the windshield or handed directly to the driver.

xstatik
Sep 26th, 2008, 05:16 PM
And from what I can read, it doesn't have to be 'Served'. It just says MAY


I read MAY as either option A or B as below from the Provincial Offences Act. There is too much room for error if it's mailed. The driver can just deny that he was there, just say that the ticket writer must have written the wrong plate number and that the ticket was received not according to the text below.

Service on owner

(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,

(a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction; or

(b) by delivering it personally to the person having care and control of the vehicle at the time of the alleged infraction.

Whitedart
Sep 26th, 2008, 05:26 PM
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK19

Service on owner
(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,
(a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction; or

I read that as it either needs to be on the car or personally delivered to the driver ("having care and control of vehicle"). Mail doesn't seem to meet this criteria.
No other mention of "served"

I would suspect it was affixed to the rear of the OP's car as he attempted to leave and likely blew off with the wind as he left in such a hurry.

jumoyolin
Sep 26th, 2008, 05:31 PM
I would suspect it was affixed to the rear of the OP's car as he attempted to leave and likely blew off with the wind as he left in such a hurry.

nope, impossible, i was watching the guy in my mirror as i drove away and he was still writing on his clipboard.

anyways, i went to dispute it today, the lady said "wait 8-12 months for court info in mail". so we'll see.