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Dealing with a ticket...

IMPORTANT NOTICE: THESE ARE SUGGESTIONS ONLY AND NOT LEGAL OPINION - IF YOU REQUIRE LEGAL ADVICE, PLEASE CONSULT A LAWYER. SENSE IS A NOT-FOR-PROFIT SOCIETY AND DOES NOT ASSUME ANY LIABILITY WHATSOEVER. 

This information applies only to tickets issued by the British Columbia photo radar or red light program. 


 
Please choose the FIRST correct scenario:
 
A Nomination Form was completed for the ticket.
(if you don't know what a Nomination Form is,
you probably haven't completed one... so skip this question)
YES
The vehicle is owned by a person, and...
  a process server personally served the ticket on the owner. YES
a process server left a ticket, but not with the owner. YES
a ticket came in the mail
* MOST COMMON SITUATION *
YES
The vehicle is owned by a corporation, and...
  a process server served left a ticket. YES
a ticket came in the mail. YES

 


A Nomination Form was completed for the ticket.

 
The vehicle is owned by a person, and a process server personally served the ticket on the owner.

 
The vehicle is owned by a person, and a process server left a ticket, but not with the owner.

 
The vehicle is owned by a person, and a ticket came in the mail.

 
The vehicle is owned by a corporation, and a process served the ticket.

 
The vehicle is owned by a corporation, and a ticket came in the mail.

 
Answers to specific questions...

 
Paying the ticket...

 
How to file a dispute...

 
I disputed a mailed ticket, but I have not yet been to court...

 
If you miss your hearing...

 
Extension for filing a dispute...

 
Is there a cost to fight a ticket?

 
Can the Justice raise the fine or send me to jail?

 
"Deemed guilty"...

 
Why wait for service?

 
What will happen if I don't get served?

 
How are tickets served?
    1. A new copy of the violation ticket will be delivered to the relevant regional process server.

    2.  
    3. Service will be attempted under the following conditions:
      1. The process servers normally have only 28 days from receipt of the tickets to successfully serve them. However, they can ask for an extension if they believe service will ultimately be successful.
      2. Service is to be attempted a minimum of 3 times. There is no maximum number of attempts.
      3. Servers will try to serve at any reasonable time. They may appear anytime on evenings or weekends.
      4. Process servers are advised "that this is not an exercise in skip tracing." (Skip-tracing refers to tracking down an individual who is hard to locate or has moved.) Tickets with invalid addresses are returned to the government and may be sent again for a second service period if the government can provide a better address.
      5. Substitutional service is not permitted under any circumstances. (Substitutional service refers to leaving a ticket with another party, e.g. your spouse, landlord, child, parent, etc.)

      6.  
    4. Process serving tactics:
      1. NEW!We are receiving more and more reports of people calling the residence and asking if the driver is home and then a server shows up at the door almost immediately afterwards.
      2. NEW!Another technique is to call the residence acting as a courier company and citing that they have a "package" to deliver. They avoid discussing the nature of the package, citing only its reference number which is the photo radar ticket serial number. They insist on setting up a time to meet you at your home to deliver the "package".
      3. Some process servers may leave a note on your door (see below) which asks you to contact them to arrange service. You DO NOT need to assist them and this is merely an intimidation tactic to assist them in collecting their fee for service. You cannot lawfully be prevented from renewing your licence or insurance due to an unserved (and otherwise unacknowledged) ticket.


      4.  
    5. See What will happen if I don't get served?
     
    If the government is slow in serving tickets, this will open up another legal defense for challenging tickets. Service does not commence immediately after the end of the initial 45 days, but usually some 2 to 12 weeks after that. Typically, you can expect service attempts to begin from 2 1/4 to 5 months after the date the offence occurred, and once started, last for about one month.

 
Why are tickets served?

 
Remedies for improper service...

 
Do photo radar or red light tickets appear on my driving record?

 
Do I get penalty points for photo radar or red light tickets?

 
How to Nominate a driver...

 
What if my car was stolen at the time of the ticket?

 
Are employees responsible for tickets?

 
Am I liable for tickets received while I rent/lease a vehicle?

 
The vehicle is owned by multiple people...

 
 Rev: 2000.01.14 contact SENSEtext map of SENSE web siteback to SENSE home pageback to top of this page