View Full Version : Statute of limitations hwy 407
ruanich1975
May 25, 2009, 02:19 PM
Some 9 years ago I sold my old car to a scrap dealer. Two months later I received a bill from 407, which I hotly disputed and after awhile further action by 407 was dropped. Last week I tried to register a trailer and was denied because of the 407 charge and interest.
I received a registered letter today from 407 informing me that I will not be allowed to register any vehicle now or in the future until this alleged debt is settled.
Does not the statute of limitations come into effect here, or can they enforce this for the rest of my life?
Ray Ellis
ScottGem
May 25, 2009, 02:45 PM
Nope SOL is not in effect here because. SOL controls the amount of time someone has to file action on a debt.
I don't understand what 407 is here. But it sounds like there was some infraction that you were billed for and this was entered against your DMV record.
Fr_Chuck
May 25, 2009, 04:11 PM
IF you can explain first where are you, what country ? US, England, Canada or where.
Next sorry but Hwy means highway here and 407, sorry means nothing to me either.
But in the end, charges or government charges or fines normally don't expire
ruanich1975
May 25, 2009, 04:17 PM
Sorry I didn't make my problem clear. HWY 407 billed me for using the highway AFTER the scrap dealer had taken my car. This was is 1998. I argued my case with 401 and thought that 11 years later the matter had been dropped. Now it appears that until I pay this bill... which was $32.00 I think when it happened and has now ballooned to some $250.00 I will never be able to register any vehicle again, until it is paid?Is that fair and proper?
Ray Ellis
ScottGem
May 25, 2009, 04:23 PM
Ok, you need to give us more of a location. I have never heard of a highway billing someone for using it. The closest would be if it's a toll road and you skipped through the toll booth without paying.
Do you still have the bill of sale? If not, what I would do is talk to whatever govt agency is involved here and tell them that you had sold the car prior the alleged use of it. That you presented this info when the matter was first brought to your attention 9 years ago. But in the interest of clearing this up, you will pay the original $32 fine.
Fr_Chuck
May 25, 2009, 04:27 PM
Getting closer OK,
Who is HWY 407 is it a company of some type, a towing company, a repair company or is it a toll road ?
Next where is this ?
So you present them with the bill of sale of the vechile showing it was already sold
In the long term you may have to sue Hwy 407 and maybe even the DMV
ruanich1975
May 25, 2009, 06:11 PM
This is Canada. Hwy 407 is a private toll road. Automatic billing from the reading of a license plate. I thought I had cleared this matter up with the Hwy 407 years ago. It is the Ontario Government in collusion with 407 that is restricting my registration of new vehicles. As a matter of interest it was sold to this private company by Ontario before all this happened? Whatever, how long is this toll bill in force... forever?
I am so confused Ray Ellis
Fr_Chuck
May 25, 2009, 06:16 PM
Yep the problem is they tie their DMV to the payment of tolls.
ScottGem
May 25, 2009, 07:08 PM
Yes the bill never expires.
When you sold the car to the salvage yard, did you keep the license plates and then turn them into the DMV?
ruanich1975
May 26, 2009, 01:13 PM
No! I stupidly left the plates on the car, which of course caused the whole problem.
Ray Ellis
ScottGem
May 26, 2009, 07:40 PM
No! I stupidly left the plates on the car, which of course caused the whole problem.
Ray Ellis
Then I would definitely try to settle with them. Since you never turned the plates in (which was YOUR responsibility) you have no proof that you didn't, temporarily, put them on another car to get a free trip. So you are not going to win on this. Your best hope is to negotiate the best settlement you can.
ruanich1975
May 27, 2009, 04:43 PM
Scott, I understand your reasoning and concur with it. However I don't think that settling with HWY 407 is my problem. After 11 years they have lost the right to prosecute me for this alleged bill because of the statute of limitations? If that is so, How can the M.O.T. (Ministry of Transport) continue to refuse me the right to register another vehicle.
Surely if it isn't contary to the meaning of the statute, it is an excersise in futility. My wife will register any vehicle in the future as she did with the trailer that caused all this rucus.
Ray Ellis
ruanich1975
May 27, 2009, 04:45 PM
And further Scott, putting illegal license plates on another vehicle is against the law. Apart from taxes which I desperately try to avoid... I won't go there.
ScottGem
May 27, 2009, 06:49 PM
I don't think that settling with HWY 407 is my problem. After 11 years they have lost the right to prosecute me for this alleged bill because of the statute of limitations? If that is so, How can the M.O.T. (Ministry of Transport) continue to refuse me the right to register another vehicle.
I doubt if SOL applies here. A SOL limits the time in which legal action can be taken against you for an issue. HWY 407 probably placed the block on your registration years ago, within the SOL, So once its placed the SOL timer stops. The block can remain there forever.
As for being prosecuted for illegally switching plates, THAT SOL has probably expired. If you settle you won't be admitting guilt anyway. You would just be stating that you can't prove your innocence.
ruanich1975
May 28, 2009, 04:12 PM
Thanks for all the good advice and knowledge. To wind this up I am in my late 70's, don't think I will registering any new vehicles... and if I have to... might live to be 90, my dear wife will do it for me. Again, thanks much, you are good.