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Ontario Highway Traffic Act

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My appeal-just keeps getting better and better...what a joke
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PostPosted: Tue Sep 01, 2009 1:47 pm 
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Joined: Sat Jul 18, 2009 3:46 pm
Posts: 66
I head down to 137 Edward St this morning to pay my ticket.
the amount on the court clerks screen is different from whats on the ticket(as we know its incorrect in the first place)
and its a different amount than whats on the Notice of Conviction.

so here goes: and my question to the clerk is: WHICH AMOUNT DO I PAY???????????????????????
because my next stop is Room 7 at old city hall to file my Appeal

So the court clerk "advises" me to see the JP to have the case re-opened.
I tell him that No thank you- I just would like to file my appeal and Ill need two copies of the court record and two copies of my fine payment.

So I ask the clerk that we've established the set fine on the certificate is incorrect (hence my appeal) but now- the Notice of Conviction is incorrect and NOW the amount on your computer screen is different from all 3.So my question to you sir, is WHICH AMOUNT DO I PAY? and secondly WHY is your screen showing a totally different amount?
His answer: Maybe someone incorrectly keyed it in :o

So I couldnt bite my tongue anymore (Im sorry) first the cop couldnt get it right, then the JP errs and doesnt quash it, then they enter the wrong amount on the computer--DOES ANYONE AROUND HERE DO ANYTHING RIGHT????
So now, heres the part im curious about: seeing as NO ONE knows what im suppose to pay, whos to say that my licence doesnt get suspended because someone doesnt corectly input the correct info all because of a fine error in the first place?
so now im starting to feel that prejudiced sensation-you know- the feeling of injustice. because i onypaid the amount on the Notice of conviction

next the clerk tells me Ill need to order transcripts...sorry sir- your incorrect- its a Part one matter and they wont be required-so he walks away and comes back and tells me it a Part one Matter-. :roll:

All these incorrect fines- im gettng a feeling that this only makes my case stronger.


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PostPosted: Wed Sep 02, 2009 8:44 am 
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Location: somewhere in traffic
As long as you pay something, you should be able to file the appeal. Even then you don't have to pay first, TC may be able to explain that. I agree 100% that the system is faulty and there should be some sort of restitution for your extended annoyance.

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PostPosted: Wed Sep 02, 2009 5:15 pm 
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Joined: Mon Jun 30, 2008 5:59 pm
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Location: Toronto
I'll second that. As long as you pay one of the amounts, that should be OK. However, under s.111 of the POA you can avoid paying the fine by entering into a recognizance (you have to get a justice to agree to it which is a separate court appearance).

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PostPosted: Wed Sep 02, 2009 5:39 pm 
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Joined: Sat Jul 18, 2009 3:46 pm
Posts: 66
I paid what the Notice of Conviction said and went to old city hall to file my appeal. my court date is on Dec 15/09.

I cant figure why teres three totally different fine amounts-

the total payable on the original certificate
a different one on the Notice of Conviction
and the computer says a totallly different figure fom the two above at the court clerks office :?

so far this has cost me 3 days off work. can i submit for expenses on appeal? :idea:


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