Charged twice for parking fine in Lambeth

[dynamixx]

Here's my story, if anyone can offer any help would be much appreciated.

 

I got a parking ticket back in December last year from Lambeth council (I had parked my car overnight at my sister's, and parking was free overnight but after 8AM they started charging - I got to my car at about 5 minutes past).

 

I was a bit strapped for cash then, so my sister said she'd pay it for me, all was good I thought. But then I got a reminder notice, saying that as I hadn't paid, I now owed Lambeth £120. I presumed that my sister forgot to pay for it, so I immediately phoned them up and paid the £120 they were asking.

 

After this, I spoke to my sister, and she said she had in fact paid for it, and showed me her payment confirmation. So effectively, we had paid the fine twice, and Lambeth now owed me that £120 back.

 

Trying to get this £120 back off them has proved to be a total nightmare.

 

As soon as I realised I'd overpaid, I wrote to them, and got no response. I then phoned them up, and eventually after a few phone calls they confirmed to me that they had received my letter. By now it's early March. On the phone, I was told it would take 4-5 weeks to process my letter.

 

After yet another follow up phone call, I eventually got a written response from them on 20th April. No apology, we were wrong etc, instead it simply stated

 

Thank you for your letter regarding the above penalty charge.

 

Please be advised that a refund for the amount of £120 has been processed and should be with you within 28 days.

So I finally had written confirmation that I was owed the £120 back. BUT I am still waiting for this refund.

 

Can anyone suggest how I can take this further? I paid the £120 to them back in January, it's now October and I'm still waiting for a refund. Just recently, I spoke to them on the phone to follow this up, and was told that they would look into it, but again I've heard nothing back and feel utterly fobbed off.

 

How should I take it from here? I've effectively been out of pocket for this amount for nearly a year. Can I start charging them interest? I've found dealing with Lambeth directly totally futile, so can anyone recommend any third parties I can take this too? An ombudsmen of some sort? Really I just want my money back, but I'm appalled they can do this and would be keen to take it further

 

Thanks

[sparkeyrjp]

I had a similar problem with Lambeth , I paid twice for pay by phone parking due to a glitch in the recorded reply system , I wrote on 3 occasions recorded delivery , without success , so I used the HMCS online small claims procedure , they ignored the action , judgment ec right up to the point where I made the threat of warrant of execution (Bailiffs) and they finally paid up ,

So….. you are in for a saga , but don’t give up

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Edited October 22, 2009 by sparkeyrjp

[JimmySpangle]

If you paid by card, it should be refunded back to the card. Contact the card issuer.

[dynamixx]

I had a similar problem with Lambeth , I paid twice for pay by phone parking due to a glitch in the recorded reply system , I wrote on 3 occasions recorded delivery , without success , so I used the HMCS online small claims procedure , they ignored the action , judgment ec right up to the point where I made the threat of warrant of execution (Bailiffs) and they finally paid up ,

So….. you are in for a saga , but don’t give up

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

This is most useful, thanks very much.

[dynamixx]

If you paid by card, it should be refunded back to the card. Contact the card issuer.

 

I paid by debit card, does this still apply? Could I just phone them up to ask for it back? It was back in January I paid

[diskmandave]

I have to agree with the comments made in post 2.

 

I'ld be sending them a Letter Before Action now. It's

time to stop being mucked about. You already have it

in writing that they owe you a refund.

 

Good luck & best wishes... Dave.

[sparkeyrjp]

And dont forget to add ALL expences , postage , phone calls , time spent dealing with the problem trips to the Post Office , I calculated my time at £20 ph and it was all added to my small claim , and they had to pay up.

[dynamixx]

OK I went through the online small claims procedure, and have got a notification that the claim was issued last week.

According to the paperwork, they have until 22nd November to reply.

 

Assuming I hear nothing from Lambeth between now and the 22nd based on their ignoring everything until now, what would be my next step after this? And in what sort of timeframe is a judgement made?

 

Sparkeyrjp, how long did you wait before issuing a warrant of execution?

[sparkeyrjp]

OK I went through the online small claims procedure, and have got a notification that the claim was issued last week.

According to the paperwork, they have until 22nd November to reply.

 

Assuming I hear nothing from Lambeth between now and the 22nd based on their ignoring everything until now, what would be my next step after this? And in what sort of timeframe is a judgement made?

 

Sparkeyrjp, how long did you wait before issuing a warrant of execution?

 

The time frame ( from memory ) is given in pop up help menu’s so after the 22nd there is a set delay to take in account a defence etc being lodged on the last day of the action .

If either a defence of the action or payment to you is not made , the next step is for you to request a "judgement in default" where the defendant HAS to settle your claim

After a set period of time, likely 14 days again , if the claim is still not settled you then request a "Warrant of Execution " , I seem to remember there is a fee for this ,but the fee will be added to total debt .

THEN you can send in the bailiffs

Throughout the procedure there are help links , which are simple to follow , after all I managed

[Jamberson]

Just lodge a formal complaint with the Council using their own procedure. A senior person will repsond to your complaint, and you will have the problem sorted.

[sparkeyrjp]

Just lodge a formal complaint with the Council using their own procedure. A senior person will repsond to your complaint, and you will have the problem sorted.

 

 

I your dreams , If they dont respond to County Court claims , what chance a formal complaint

[sailor sam]

Did you also add on the interest in your claim from the date of the overpayment?

[dynamixx]

The time frame ( from memory ) is given in pop up help menu’s so after the 22nd there is a set delay to take in account a defence etc being lodged on the last day of the action .

If either a defence of the action or payment to you is not made , the next step is for you to request a "judgement in default" where the defendant HAS to settle your claim

After a set period of time, likely 14 days again , if the claim is still not settled you then request a "Warrant of Execution " , I seem to remember there is a fee for this ,but the fee will be added to total debt .

THEN you can send in the bailiffs

Throughout the procedure there are help links , which are simple to follow , after all I managed

 

Very useful again, thanks! Inevitably I think it will get as far as the Warrant of Execution, but I'll see if by some miracle they respond to the action in the next couple of weeks... I'll update this with my progress

 

I your dreams , If they dont respond to County Court claims , what chance a formal complaint

 

Agreed, the letters I've sent have been formal and complaining enough, and it seems they don't have a procedure in place for cases like this at all, judging by the lack of response I've had so far.

 

 

Did you also add on the interest in your claim from the date of the overpayment?

 

Yes I made sure I added that to claim, it didn't amount to much but every little helps I guess

[sailor sam]

Your interest will continue to add until payment or date of judgment.

[JimmySpangle]

When you finally get your payment following the court case, go to the papers. they love stories like this.

[pin1onu]

Agreed, the letters I've sent have been formal and complaining enough, and it seems they don't have a procedure in place for cases like this at all, judging by the lack of response I've had so far.

Might be worth writing to the CEO of the council and maybe a councillor, or the Mayor and also the local government minister (secretary of state: Rt Hon(?) John Denham)

 

You can always follow-up with a complaint to Local Government Ombudsman.

 

However as you've waited this long you might be best to wait and see - remember interest is accruing while they delay. (Ker-ching )

 

A nasty thought occurs you might want to complain to the Audit Office as this amounts (IMO) to misuse of public funds. They've had your letter and a chance to sort this out before it went to court. It's ended up costing the Council Taxpayers more than it should.

Edited November 11, 2009 by pin1onu

[Jamberson]

I think it is absurd going through small claims, the mayor, the ombudsman etc.

 

Look - the council has a formal complaints process. Use it.

 

Here, from their own website: Stage 2: What should I do if I am not happy with the manager's reply?

 

If you remain dissatisfied you can contact your Departmental Complaint Officer to request that your complaint is reviewed by a Senior Manager. They will acknowledge your Stage 2 complaint within 3 working days, and a response will be sent within 15 working days.

[pin1onu]

Jamberson,

 

The OP has already engaged with the "process" and been ignored hence taking to court. The councils are quick enough to get you into court when you owe them money. I'd say sauce for the goose applies here.

 

If I lived in the area I'd want to know why incompetence or brinksmanship at the expense of the public purse is being allowed to happen by the council. If that means calling the attention of higher powers to this behavior then I'd say that persuing this line is in the public interest.

Edited November 11, 2009 by pin1onu

[sparkeyrjp]

Jamberson,

 

The OP has already engaged with the "process" and been ignored hence taking to court. The councils are quick enough to get you into court when you owe them money. I'd say sauce for the goose applies here.

 

If I lived in the area I'd want to know why incompetence or brinksmanship at the expense of the public purse is being allowed to happen by the council. If that means calling the attention of higher powers to this behavior then I'd say that persuing this line is in the public interest.

 

I agree , In my action ALL written requests were ignored , It is time to give this council a taste of their own medicine

[Jamberson]

OK then.

 

From what's written above, the formal complaints process has never been pursued. Take it from someone who worked inside a Council - a formal complaint is treated seriously, escalated to a senior manager, logged independently and internally chased up, and the whole process externally audited for standards. It is very effective and far removed from any old letter or phone call.

 

However I will but out now - not my battle to fight.

[dynamixx]

OK then.

 

From what's written above, the formal complaints process has never been pursued. Take it from someone who worked inside a Council - a formal complaint is treated seriously, escalated to a senior manager, logged independently and internally chased up, and the whole process externally audited for standards. It is very effective and far removed from any old letter or phone call.

 

However I will but out now - not my battle to fight.

 

Just to re-iterate what sparkeyrjp and pin1onu have said, I have no doubt that if I had followed any different procedure, I would have had the same lack of response. It wasn't "any old letter" I wrote, I laid out in no uncertain terms how I was owed this charge back - and to a certain extent it worked because Lambeth eventually acknowledged in writing that I was owed back this charge. The problem came when it came to them actually refunding me.

[dynamixx]

Update: Lambeth didn't respond to the Claim, so after the necessary time it's been escalated to a judgement which was accepted in my favour by the Court. They now have 14 or so days left to respond before a Warrant can be issued... not holding my breath

 

Interest over the period since my initial claim only amounted to about £1.10 , but I made sure I added it on!

 

Really just hoping this is settled by the end of the year now, it will be a full year since the ticket was originally issued in a month or so.

[JimmySpangle]

Definitely get the local paper or Evening Standard onto this one. They love a story like this - especially when it comes to the likes of Lambeth or Hackeny councils. Try London Tonight too. The more bad press they get the better!

[lamma]

tell the bailiff to distrain at the council's main office.

[JimmySpangle]

I had a problem with that once at Stockwell. I wanted to get to Brixton and the only person I could find to ask was the one and only Jim Davidson, no less. He said... You need to take distrain. Which I did. Got me there on time in the end.