Q&A - Ticket Dispute Problems

Question: I received a traffic ticket for not having entries for the previous two weeks in my log book. I explained to the officer that I did not normally drive trucks that required me to keep a log book and he wrote me the ticket anyway. I submitted the form for my dispute and then forgot all about it. A collection agency is chasing me for the fine now. What should I do?

Ticket Background

I was working in the office of an oilfield company and did not normally drive our trucks that require log books. A small job had come up in BC and since I knew the equipment and had my air brakes and proper training I was asked to do the job.

I filled out my logbook and stated I hadn't driven company trucks for over six months on the page of the log book. I know you need two weeks of record but I did not have them.

I was stopped and when the officer asked why I didn't have the two weeks prior I explained the reason as I don't drive the trucks normally and this was the first in over six months.

I asked what I could have done differently and the only response was that I needed the two weeks prior. I tried to explain again that I had not driven in the last two weeks so I had nothing to write. The response again was you need two weeks.

I was served a ticket and 72 hour suspension.

Notification of My Ticket Dispute

I responded to the ticket in writing and sent it in. I was living in Grande Prairie at the time and moved to the Calgary area about 6 months maybe less after. My mail was forwarded but I did not receive anything in response.

How do I deal with it now and is there a way to have it removed from collections? If you could point me in the right direction that would be appreciated. As I said I don't mind paying it because in the end it was I who didn't follow up. I am looking through my files to see if I have the ticket and copy of letter I sent.

Deemed Convictions

When the recipient fails to pay or notify the courts of a dispute and 30 days or more pass the law allows the system to enter a deemed conviction for the offence. The fine is now due and if not paid can be turned over to a collection agency.

Fixing Errors

There is a mechanism in place to reverse deemed convictions when the accused can show that the opportunity to dispute was not taken through no fault of their own. This certainly sounds like it is a candidate to have the conviction set aside and a trial date set.

You can obtain a copy of the ticket through the Violation Ticket Center. It would be good to find the original letter that you wrote in response to the ticket. If possible a receipt for the mail redirection when you changed address would help too.

Now you need to contact a court registry office in BC and set in motion the actions that you need to take to apply to have the deemed conviction set aside. Here is the affidavit that you need to use. There is a limit of 30 days to get this done following the time that you first realized that the conviction had taken place.

Good luck with your quest!

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