Debt Settlement - 407 ETR - the big bad wolf! - Canada

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RE: 407 ETR - the big bad wolf!

Postby Raymond » Tue Feb 27, 2007 12:00:00 AM

Here is the link for the class action lawsuit agaist the 407 launched back in 2003. As you can see, it's meaningless and worthless in its scope.

http://www.canadalegal.com/gosite.asp?s=4722

You can read my posts on Jan. 31, 2007 on this siite re the 407 as well as those by others that amply show that you have no rights for the next 91 years until their lease runs out. There's no point in appealing because thanks to the lassitude and apathy of voters, the dishonesty of the former Harris Government and the inertia of the present Liberal one, the foreign consortium ownership has taken Ontario residents hostage for 99 years. That's longer than the jihadists take them in .....well, you know.

The Ministry of Transportation referred to themselves as little more than a collection agency for the 407 who can charge you whatever they want whenever they want. As I said, they are accountable to no one outside themselves thanks to our soppy, weak kneed provincial government. And don't bother to complain to the ombudsman; she's just a recycled bill collector for the 407 who'll charge you an extra illegal [as per section 18(2)] $32.10 fee besides the 27% annual interest to appeal your bill (which in your case, would be too late anyway) Below are the 4 reasons under section 17(1) of the 407 Act that you could have appealed a toll invoice had it been less than 30 days old. A moot point because none of the 4 listed reasons apply to your case anyhow. Also notice the reverse onus provision of section 17(4).

They say people get the government they deserve, not the government they want. Happy license plate renewal. I wish I could be less gloomy, but there's no basis to be.

Ray

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Dispute

17. (1) A person who receives notice under section 16 may dispute the alleged failure to pay a toll on any of the following grounds:

1. The toll was paid in full.

2. The amount of the toll is incorrect.

3. The vehicle, the numbered plate or the toll device registered to the person was lost or stolen at the time the toll was incurred.

4. The person is not the person responsible for the payment of the toll under subsection 13 (1). 1998, c. 28, s. 17 (1).

Notice of dispute

(2) A person who receives notice under section 16 may dispute the alleged failure to pay a toll if the person sends a notice of dispute, setting out the grounds on which the dispute is based, to the owner within 30 days of receiving the notice of failure to pay the toll under section 16. 1998, c. 28, s. 17 (2).

Payment without prejudice

(3) The payment of a toll and related fees and interest shall not prejudice the right of a person who receives notice under section 16 to dispute the alleged failure to pay the toll, fees and interest. 1998, c. 28, s. 17 (3).

Onus

(4) The onus of proving the grounds upon which a dispute under this section is based is on the person who sends notice of the dispute. 1998, c. 28, s. 17 (4).

Decision

(5) Within 30 days of receiving a notice of dispute from a person under subsection (2), the owner shall render a decision and shall send the person a copy of the decision, with or without reasons. 1998, c. 28, s. 17 (5).

Same

(6) If the dispute is unsuccessful, the owner shall, in writing together with the copy of the decision, inform the person who gave the notice of dispute of his or her right to appeal the decision to a dispute arbitrator and shall provide the address of the dispute arbitrator. 1998, c. 28, s. 17 (6).

Failure to give timely decision

(7) If the owner fails to send a copy of the decision to the person who sent the notice of dispute within the time period required under subsection (5), the tolls and the related fees and interest that were the subject of the dispute shall be deemed to be paid in full. 1998, c. 28, s. 17 (7).

Appointment of dispute arbitrator

18. (1) The Lieutenant Governor in Council may appoint a dispute arbitrator for the purposes of section 19. 1998, c. 28, s. 18 (1).

Fees and expenses

(2) The fees and expenses of the dispute arbitrator shall be paid by the owner. 1998, c. 28, s. 18 (2).
Raymond
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Joined: Tue Jan 23, 2007 12:44:29 AM
Province: ON


407 ETR - the big bad wolf!

Postby cbruce » Tue Feb 27, 2007 12:00:00 AM

I am looking for some information regarding this "wonderful" service. I've moved around a lot over the past few years, and never received any ETR bills. Now that I've settled down, I received a bill that states that I have a balance owing with them for some $978! I can't get a straight answer from ETR, and every time I call, they say that they have no record of any previous calls that I made. Now, going back some 4 years, There was a small balance owing of less than $60, and the person who borrowed my car and incurred the charge told me they were going to pay it. I never followed up on the payment (my fault entirely) and now I get this notice. I have also been advised that I cannot renew my plates within the next month unless I pay off the balance, which as far as I can tell, is comprised mostly of interest charges.

I remeber hearing something about a current class action suit against the ETR for tolls charged incorrectly, but have not been able to find anything other than references and details on the suit resolved in 2003.

If anyone can provide any clarification, details or information, I would really appreciate it.
cbruce
Member
Posts: 5
Joined: Tue Feb 27, 2007 10:00:02 AM
Province:


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