Can City of Markham CONVICT Me When I NEVER Got Notice?

joland
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Joined: Tue Aug 27, 2013 10:39 pm

Can City of Markham CONVICT Me When I NEVER Got Notice?

by: joland on
Wed Oct 01, 2014 2:06 pm

- Got a $50 parking ticket on July 26, 2014.

- I ignored it following TicketCombat advice and waited for the "Notice of Impending Conviction"

- I NEVER GOT IT.

- Today Oct 1, 2014, got a letter in the mail saying a "CONVICTION HAS BEEN RECORDED AGAINST YOU (Conviction date Sep 25, 2014)" and I have to pay the now $66 fine or they can not renew license plate and driver's license.

- I called the office, they claimed they mailed out the "Notice of Impending Conviction" on July 30, 2014.

- I said I never got it, which I really didn't!

- They said, they're not responsible for mailing error.

- Now they'll have a "supervisor" to call me back.

MY QUESTION:

1) Can the City of Markham legally enter me into a conviction claiming they already mailed me the notice of impending conviction even though I never got the mail?

2) Is paying the fine my only recourse now to avoid not being able to renew driver's license and plate?


jsherk
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Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Fri Oct 24, 2014 10:54 pm

(1) Yes they can (the government can pretty much do whatever they want because we as Canadians have been letting them get away with it for far too long).

(2) No. You will have to do a little reading and research as I cannot remember where I read it (Provincial Offences Act, Courts Of Justice Act, or Highway Traffic Act) but somewhere in there it tells you how to appeal a conviction when you did not receive the notice.
+++ This is not legal advice, only my opinion +++


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