Parking Ticket? Will 11b appeal work?

Unread post by: **Dicky133** on

Parking Ticket? Will 11b appeal work?

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Unread post by: Dicky133 on
Thu Jan 28, 2016 1:41 pm

In a nutshell, I got caught up in The City of Toronto Blitz on traffic congestion. I had not gotten a parking ticket in 5 years as I am always careful.
On January 12th 2015 I received a "stopped on highway during rush hour ticket" the fine had been bumped for the blitz to $150.00
I was pulled over behind a construction barrier waiting for my wife to come out from work. Not blocking traffic, but realize I was technically stopped where I shouldn't have been.
I decided to file for a court date on January 27th 2015 in the hopes of getting the fine reduced.
I just received the "Notice of Trial" set for April 28th 2016.
That is 15 months after my request for trial.
I want to file the 11b on principal as I think the fine of $150.00 is ridiculous and was strictly a political move to make it look like the city was addressing congestion.
However, I would only do the leg work if I thought it was a slam dunk.
Has anyone successfully used an 11b for a parking ticket in that time frame?
Of course the internet has varying opinions lol!
Some say the judge will not apply 11b for parking tickets as there is no "prejudice" for a parking ticket. (no big cloud over your head stressing you out)
Any input on experience would help as I just do not want to waste my time and get to court only to be told it does not apply.

Unread post by: **iFly55** on

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Unread post by: iFly55 on
Thu Jan 28, 2016 3:49 pm

You've hit the nail on the head here. Even if this was an HTA offence, you still have to show how the delay has "prejudiced" you.

There is no way around answering that all important question during the pre-trial motion.

Read: R. v. Cassimatis [2010] http://ticketcombat.com/parking/R_v_Cassimatis.pdf

Some more info here: http://ticketcombat.com/parking/parkingstay.php

Unread post by: **jsherk** on

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Unread post by: jsherk on
Thu Jan 28, 2016 4:43 pm

The bigger the city, the longer the wait to get a trial and the better likely hood you can get off with an 11b application.

About 3 to 4 weeks before your trial date, you should file all the 11b paperwork so that on your trial date it is ready to go.

+++ This is not legal advice, only my opinion +++

Parking Ticket? Will 11b appeal work?

Parking Ticket? Will 11b appeal work?

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