"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?