2 days ago during the evening hours, while I was waiting for my child to get off class in a plaza along with other parents I saw a car drive up behind me. My child would be out any minute, and as there is an anti-idling law in Markham, I had turned my vehicle off but I left some light inside my vehicle on to indicate someone was inside. The other parent's cars in front of me usually do the same. It was dark, but I realized that there were sirens on top of the vehicle behind me so I thought it might be the parking authority so I started to drive away. As I did, the parking authority and other parents starting driving away too. I thought I had gotten away without them issuing a ticket as it lasted less than 3 minutes. The next day, I found taped to my home door an envelope with my name on it from the City of Markham with a parking ticket inside, citing that I had parked along a fire route the night before for $200.
My question is, is this not in complete violation of the Provincial Offences Act Section 15(4) and therefore should be dismissed? I was not issued the ticket at the time of the alleged infraction, and it was not delivered to me personally (I was home, but no one rang the bell, knocked on the door...etc), nor was it mailed to me. On the City of Markham site in the FAQ section on "How is a Penalty Notice Issued", it also says:
Does anyone think that this is a sound argument to make based on the above points? Has anyone had a similar experience? I have already applied for a Screening Review, but would be great to hear some thoughts on this.A City of Markham By-law Officer can issue a Penalty Notice for a Parking violation by:
Affixing it to the motor vehicle;
Serving personally to the driver at the time of the violation;
Delivering personally to the person as soon as reasonably possible;
Sending it by registered or regular mail to the personÃƒÂ¢Ã‚â‚¬Ã‚â„¢s last known address (which is considered served on the 7th day after it is mailed);
Sending it by fax to the personÃƒÂ¢Ã‚â‚¬Ã‚â„¢s last known fax number; or
Sending it by email to the personÃƒÂ¢Ã‚â‚¬Ã‚â„¢s last known email address.