Traffic Penalty Finalized Without Notification
TO THE (…) CRIMINAL COURT OF PEACE ON DUTY,
OBJECTOR :
TC ID NUMBER :
ADDRESS :
PROXY :
ADDRESS :
REPORT SUBJECT TO OBJECTION
DATE OF ISSUE :
RECORD
DATE OF NOTIFICATION :
SUBJECT :…..Traffic Control Branch’s Traffic Penalty Dated …/…/…/… and Serial Number …………
It consists of our petition for the annulment of the fine written in the minutes.
A P P L A C T I O N S
1-) Regarding our client’s motorcycle with registration plate …………, a traffic fine report with a total amount of ………… -TL was issued in absentia on the grounds that “the crime of not complying with speed limits” was committed in accordance with Article 51 of the Highway Traffic Law No. 2918.
2-) Our client became aware of this traffic fine while inquiring about the Motor Vehicle Tax for the year … on the website of the Revenue Administration; since no notification was made to him, he has no information about the content of the offense.
3-) Pursuant to Article 10 of the Regulation on the Procedures and Principles to be Applied in the Issuance, Collection and Follow-up of Traffic Administrative Fine Decision Minutes, “The notification of traffic administrative fine decision minutes is made within the investigation statute of limitations in Article 20 of the Misdemeanor Law No. 5326.”
However, no notification was made to our client regarding the fine in question within the legal period.
4-) For the reasons explained above, we have been obliged to apply to your court for the cancellation of the fine written in the traffic report subject to the objection, which was finalized without being notified, although it should have been notified, in violation of the legislation.
LEGAL GROUNDS : 2918 S. Law Art. 51, 116; Regulation on the Procedures and Principles to be Applied in the Issuance, Collection and Follow-up of Traffic Administrative Fine Decision Minutes Art. 10
CONCLUSION AND REQUEST : For the reasons I have tried to supply and explain above, we respectfully request your court to accept our objection and to decide to cancel the fine of ….-TL, which was issued in violation of the legislation. …/…/…
Appellant’s Attorney
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