Gemini писал(а):А кто знает есть ли смысл диспутировать red light camera ticket? Фотографию прислали, то есть нарушение налицо.
Спасибо.
from
http://sense.bc.ca/getting.htm
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.
If you get a photo radar or red light ticket in the mail, you basically have four choices:
1) You can dutifully send your money off to Victoria, never to be seen again. - bad
(this option is for those who enjoy new forms of taxation)
2) You can nominate the driver of the vehicle. - very bad
(thereby potentially giving them 3 points, and ICBC more revenue!)
3) You can make Victoria work for their money by using the rights available to you. - best
(for those who disagree with photo radar for any of a number of reasons -- this may increase the costs of collection to the government)
4) Or, you can challenge the ticket and possibly keep your hard earned money! - somewhat good
(for those who want to go the distance!)
If you are served a photo radar or red light ticket in person, you currently have two choices:
1) You can dutifully send your money off to Victoria, never to be seen again. - bad
2) Or, you can challenge the ticket and possibly keep your hard earned money! - good
-------------------------
Before you rush out and file a dispute, - it may be in your best interest to wait for service (if you have not yet been served) rather than responding to the mailed ticket and saving the government the need to personally serve you.
Under current BC laws and the Charter or Rights and Freedoms, tickets must be served on the registered owner or nominated driver because the judicial system must be certain that the party charged with the offence is aware of and has had an opportunity to challenge that charge.
The process servers are paid only for successfully served tickets. There is no cost to you or the taxpayer if the ticket is not served.
By DOING NOTHING and waiting for service, your fine does not increase, nor do you lose the ability to later fight the ticket, but you may be in a much better legal position due to the delay or failure to serve you notice of the offence.
If you never get served, you may never need to pay the ticket. However, by doing nothing you will lose the ability to nominate the driver, but this is usually neither necessary nor desirable.
Mailed photo radar or red light tickets are essentially an invitation to pay. By doing nothing, you will not be deemed guilty or lose your ability to fight or pay the ticket until after it has been personally served.
If you do nothing and don't get served, you cannot be convicted ("deemed guilty") and therefore cannot be forced to pay the ticket. Up to 25% of all photo radar tickets are never successfully served.
If, after 45 days from the Date Violation Ticket Completed, you have done nothing, the government will attempt to serve the ticket on the registered owner.
When a mailed violation ticket has been identified as 'ignored' (45 days after the "Date Violation Ticket Completed", the following steps will occur:
1. A new copy of the violation ticket will be delivered to the relevant regional process server.
2. 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.)
Process serving tactics:
3. 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.
