75 Day Limit Question

Halsy
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75 Day Limit Question

by: Halsy on
Thu Jan 24, 2013 1:14 pm

Hey gang, I have a question on the 75 day limit for parking tickets. Is that the date the city issued it with for the notice of trial? I forgot about this rule and went in for an 18 month old parking ticket today and asked for a stay and the judge wouldn't accept it without the paperwork so I asked for an adjournment to file the requisite motions. However, going through Ticket Combat's parking section the section on Proceedings was very illuminating.

http://www.ticketcombat.com/parking/proceedings.php

"Commence a Proceeding

Once you have requested a trial, the municipality must "commence a proceeding" against you. This must be done within 75 days of the day of offence (section 17(2) or 18.1(2)). This 75 day requirement is often overlooked by everyone. You should always check the filing date of the documents to see if it was done in time. If not, the proceeding was not commenced correctly and is invalid. In other words, the charge is dead."

So just to clarify the date it was issued is where it says "Issued at the City of Toronto this XX day of XXX 2012."? Which in my case was almost 130 days after the initial charge. So that being the case I can go back without filing the motions and simply request the charge be quashed on those grounds, yes?


ponzusauce
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by: ponzusauce on
Tue Dec 01, 2015 10:35 am

The 75 day rule is from when you got the ticket to when the city sent the documents to court. You have to request disclosure to see when they sent it. I just came back from court and lost because I thought it was the date they sent me the notice of trial letter.


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