Hello, My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow fee reimbursed once the ticket gets dismissed. The ticket has since been dismissed in court. I called the city on her behalf to inquire regarding reimbursement of the tow charge, and the clerk said it has to go through small claims court (which would cost more than the cost of the tow fee). Can anyone confirm if this is true? I would have thought the city would have an internal process to deal with these things. I appreciate anyone's help/insight. Thanks, Mike.
Hello,
My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow fee reimbursed once the ticket gets dismissed.
The ticket has since been dismissed in court. I called the city on her behalf to inquire regarding reimbursement of the tow charge, and the clerk said it has to go through small claims court (which would cost more than the cost of the tow fee).
Can anyone confirm if this is true? I would have thought the city would have an internal process to deal with these things.
Unfortunately, small claims court is the only way to obtain recovery. You would have to sue both the City and the tow company. You'd also have to subpoena the by-law officer (who made the comments that it was an error) and the tow truck driver (as a witness) (and pay each a $6 witness fee!) to establish your case. So, in addition to paying your $75 filing fee, plus the $100 (trial setting fee), you'd already be out of pocket $187, not even factoring your time, expenses, photocopying and/or process serving fees (if you didn't serve individuals yourself). I don't know if you are prepared to pursue the matter given those expenses and aggravations, however, it IS likely that the city would settle the matter if you can properly establish your case. If so, you'd get your costs/expenses back, but not your time. Keep in mind though that if you ARE going to sue, you MUST put the city on notice within 10 days of the event causing the loss. That's a requirement under the Municipal Act. So, if more than 10 days have gone by, your opportunity to sue may have already been lost. If you're within the time frame, then put the city on notice right away and see if you can negotiate a resolution without having to sue.
Unfortunately, small claims court is the only way to obtain recovery. You would have to sue both the City and the tow company. You'd also have to subpoena the by-law officer (who made the comments that it was an error) and the tow truck driver (as a witness) (and pay each a $6 witness fee!) to establish your case. So, in addition to paying your $75 filing fee, plus the $100 (trial setting fee), you'd already be out of pocket $187, not even factoring your time, expenses, photocopying and/or process serving fees (if you didn't serve individuals yourself).
I don't know if you are prepared to pursue the matter given those expenses and aggravations, however, it IS likely that the city would settle the matter if you can properly establish your case. If so, you'd get your costs/expenses back, but not your time.
Keep in mind though that if you ARE going to sue, you MUST put the city on notice within 10 days of the event causing the loss. That's a requirement under the Municipal Act. So, if more than 10 days have gone by, your opportunity to sue may have already been lost. If you're within the time frame, then put the city on notice right away and see if you can negotiate a resolution without having to sue.
That's ridiculous. I get that the tow truck company will want to be paid for the work, but it should be billed directly to the city since it was their error. Was it an actual city bylaw officer? Or someone acting under authority of the property owner? Some of the private parking enforcement agencies are somewhat sketchy.
That's ridiculous. I get that the tow truck company will want to be paid for the work, but it should be billed directly to the city since it was their error. Was it an actual city bylaw officer? Or someone acting under authority of the property owner? Some of the private parking enforcement agencies are somewhat sketchy.
Some private property locations have different enforcement protocols: ticket everyone, tow everyone, tow on repeated offence, never tow. Unfortunately, this seems like rotten luck for you. We had a similar situation, where a resident from a condo parked in their designated spot. Unfortunately their vehicle wasn't registered in the private security's parking logs nor did the resident display any parking-permits. Security issued P.O.N. tickets everyday for a week, and also registered incident reports to the property manager. Property manager supposedly reviewed each report and completely ignored it. On day seven, the vehicle was towed. 2 weeks later, the resident returns from vacation to learn his truck was in an impound lot. Ultimately, the property manager had to pay for his tickets/tow/impound fees. Security was advised to never tow from that location, and continue writing tickets everyday. You'll have to find out who made the error here, and make them pay. It may not necessarily be the city by-law officer. 99% of the time, when they issue tickets on private property they take detailed notes because it's basically the complainant/property-manager's word. Especially if the ticket was, "Park without owner's permission".
Some private property locations have different enforcement protocols: ticket everyone, tow everyone, tow on repeated offence, never tow. Unfortunately, this seems like rotten luck for you.
We had a similar situation, where a resident from a condo parked in their designated spot. Unfortunately their vehicle wasn't registered in the private security's parking logs nor did the resident display any parking-permits. Security issued P.O.N. tickets everyday for a week, and also registered incident reports to the property manager. Property manager supposedly reviewed each report and completely ignored it. On day seven, the vehicle was towed. 2 weeks later, the resident returns from vacation to learn his truck was in an impound lot. Ultimately, the property manager had to pay for his tickets/tow/impound fees. Security was advised to never tow from that location, and continue writing tickets everyday.
You'll have to find out who made the error here, and make them pay. It may not necessarily be the city by-law officer. 99% of the time, when they issue tickets on private property they take detailed notes because it's basically the complainant/property-manager's word. Especially if the ticket was, "Park without owner's permission".
Thank you for all your replies. To be clear, the error wasn't made by the bylaw officer (who does work for the city), but by the landlord who had erroneously registered two vehicles in one spot - sorry for the confusion. This was immediately resolved at the scene, at which point the bylaw officer suggested to take it to court to get it dismissed as it was quite clear what happened (he called his supervisor to see if the ticket could be revoked immediately but was told it HAD to be issued to have allowed the tow truck to hook up). It seems like if anyone should compensate the drop fee, it should be the landlord, not the city.
Thank you for all your replies. To be clear, the error wasn't made by the bylaw officer (who does work for the city), but by the landlord who had erroneously registered two vehicles in one spot - sorry for the confusion. This was immediately resolved at the scene, at which point the bylaw officer suggested to take it to court to get it dismissed as it was quite clear what happened (he called his supervisor to see if the ticket could be revoked immediately but was told it HAD to be issued to have allowed the tow truck to hook up).
It seems like if anyone should compensate the drop fee, it should be the landlord, not the city.
File a complaint with the city. No ticket HAS to be issued especially if the ticket issuer doesn't believe an offence has occurred. The manager did this to cover his ass only so that the city didn't have to pay the bill and to leave you on the hook for it (excuse the pun). I'd be filing a complaint against the manager. The dispute is between the city, the tow truck driver and the manager and you should not be involved at all.
File a complaint with the city. No ticket HAS to be issued especially if the ticket issuer doesn't believe an offence has occurred. The manager did this to cover his ass only so that the city didn't have to pay the bill and to leave you on the hook for it (excuse the pun).
I'd be filing a complaint against the manager. The dispute is between the city, the tow truck driver and the manager and you should not be involved at all.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
File a complaint with the city. No ticket HAS to be issued especially if the ticket issuer doesn't believe an offence has occurred. The manager did this to cover his ass only so that the city didn't have to pay the bill and to leave you on the hook for it (excuse the pun).
I'd be filing a complaint against the manager. The dispute is between the city, the tow truck driver and the manager and you should not be involved at all.
+1
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
Refund on towing fee related to dismissed parking ticket
.