The ticket will stand. Your lawyer will tell you the same thing. How else would photo radar and other similar tickets be issued if this couldn't be done? Those tickets are offence notices as well, they just aren't on yellow paper. The officer "took it upon himself" to do what he did because it's a legal document and that's the legal requirement. There are no "strikes" against him.
The Provincial Offences and Procedures Act allows alternative methods of service (like mailing tickets, as they do with photo radar, green light/red light camera tickets), and the officer doing so swears to an affidavit of method of service on the back of the original ticket which you don't get a copy of. He is striking out the part about personally serving it upon you because he didn't personally serve it to you, or serve it to you on the date of the offence... if he didn't cross that out, he would be lying about method of service.
It also doesn't matter if it was in a mall parking lot. It's a publicly accessible parking lot used by the public at large, so it's considered a road. Just like you can't drive in a parking lot without insurance, wearing your seatbelt, or anything else, you can't have tinted front windows on a roadway in Alberta. Whether you are moving or not.
Tell your lawyer to stand down and don't waste your money on finding out whether the ticket was legally issued, because it was.
Last edited by phil98z24; 11-10-2014 at 03:32 PM.
---------------------------------------------------
Any writings in this forum are my personal view and all opinions expressed should be taken as such; there is no implied or direct opinion representative of anything but my own thoughts on various subjects.