Dear Jonathan,

I am sorry to say that I did not photo copy the appeal to Lambeth. They will however send it to the court – I know that this is
of little help. I appealed on the basis that you had arrived, got a scratch card and between jet lag and two children forgot to
put the next day’sin the car. You were happy to accept the parking ticket but the removal of the car was unfair....

1. Lambeth had ceased parking as it was disproportionate for minor parking infringements e.g. running out of parking
time.
2. Lambeth had stated publically that vehicle removal would occur but only “in the most serious cases - where vehicles are causing an
obstruction or are parked dangerously - the council will still retain the power to remove the vehicles to the car pound.”
3. That in the priorities on Lambeth’s own website residents parking was 4/5 clearly not “the most serious of cases”
4. It was clear that the car was not an obstruction or a danger. It had an incorrect visitors / scratch card this was an error
and in these circumstances that fair and proportionate punishment would be a parking ticket.

In an appeal the tribunal you could add:

1. The council has an obligation to be fair and reasonable. (Wednesbury principles – you remember them!)
2. By stating in a large advertising campaign that clamping was ceasing in Lambeth as it was a disproportionate penalty
the inference is that Lambeth does not impose disproportionate penalties.
3. To impose vehicle removal (the inconvenience and the financial penalties over £200) on a car with the incorrect permit
(correct permit with the wrong date) but that was not posing a danger or obstruction is disproportionate and
unreasonable. Disproportionate as it was a minor parking infringement and unreasonable as the council led people to
believe that removal would be reserved for the most serious cases – which this is not.

See the following for back up.

Lambeth What are the priorities of Lambeth Parking? http://www.lambeth.gov.uk/NR/exere

Parking s/78846E41-B0FF-4F84-A572-
Maintaining safety - vehicles parked on or near pedestrian crossings and junctions are a source
General 938DA51CE2F7,frameless.htm?NRMODE
of danger, obstructing the vision of motorists, pedestrians and other road users.
Information =Published&WBCMODE=AuthoringReed
 Managing congestion - parking on bus lanes and double yellow lines can cause congestion, it#priorities
leading to delays; it is important that we keep traffic moving.

Avoiding obstruction - vehicles blocking entrances or other vehicles can obstruct people from
going about their daily lives; again causing frustration and delay.

Disabled residents’ parking needs - specific groups of individuals, such as people with
disabilities, need designated parking spaces to be kept clear.

Managing parking for residents’ benefit – with limited on-street parking we try to provide
residents with as many parking choices as possible.

Businesses’, doctors’ and visitors’ parking needs - businesses and services within Lambeth
require designated parking areas to provide essential services.

Lambeth Cessation of clamping http://www.lambeth.gov.uk/Services/

News Clamping of vehicles on Lambeth's roads will cease on 1 April 2008, except in extreme TransportStreets/Parking/ParkingNews
circumstances. In the most serious cases - where vehicles are causing an obstruction or are .htm?wbc_purpose=Basic&WBCMODE=
parked dangerously - the council will still retain the power to remove the vehicles to the car PresentationUnpublished
pound.

Clamping will continue on Lambeth housing estate roads to ensure tenants are not affected by
carelessly parked vehicles.

Lambeth http://www.lambeth.gov.uk/Services/
Vehicle TransportStreets/Parking/ClampsRemo
Clamps and Vehicle clamps and removals vals.htm
Removals Clamping of vehicles on most of Lambeth's roads ceased on 1 April 2008. However, clamping will
continue on Lambeth housing estate roads.

Vehicles parked illegally in a parking bay may be removed 30 minutes after a Penalty Charge
Notice is issued. For other parking offences, your vehicle may be removed if it is illegally parked
any time after a Penalty Charge Notice has been issued.

Removal as a deterrent
 Tow-away trucks will prioritise removal of vehicles causing a danger or an inconvenience to other
road users and pedestrians.

Lambeth http://www.lambeth.gov.uk/News/Press
Press Releases/PressReleaseArchive/2008/16
Release Fairer deal for motorists as clamping is axed 0107ClampingAxed.htm
Archive 16 January 2008
2008
Clamping will become a thing of the past in Lambeth from April, the council has announced.

People who park illegally will no longer face their vehicle being clamped – except in extreme
circumstances – after the council agreed the penalty was too harsh and caused too much
inconvenience to motorists.

Like most councils, Lambeth has used clamping for a number of years for more serious cases of
illegal parking.

But Cllr Nigel Haselden, Deputy Cabinet Member for Transport and Parking, said that he did not
believe the practice was an effective weapon for deterring people from breaking parking rules.

"Lambeth is a busy part of London and our parking attendants do a vital job keeping our roads
clear and safe, and traffic moving, but this can be done through issuing tickets, and we’ve felt for
some time that the punishment doesn’t fit the crime and having your vehicle clamped is too much
of an inconvenience. We want a parking policy that is firm but fair, but clamping is too blunt an
instrument that I do not believe is widely supported by the public."

The move marks a further stage in the council’s bid to create a fairer parking policy, and follows
on from the council scrapping targets for issuing parking tickets, a policy which was reversed last
year.

Cllr Lib Peck, Cabinet Member for Environment and Culture, added:

"Making parking in Lambeth fairer is one of our main priorities, and this is another step along the
road to a more proportionate and balanced parking system. We have acted decisively on this,
renegotiating our parking contract last year to scrap the old system of incentives for our
contractor to issue tickets, and this is already leading to less tickets being issued unfairly. The
scrapping of clamping is the next stage."

Cllr Peck also stressed that issuing parking tickets was not seen by the council as a way of raising
revenue.

"The money raised from issuing parking fines goes directly back into funding schemes to make
our roads safer, like the Safer Routes to Schools programme, and traffic calming schemes, as well
as things like Freedom Passes that give older people free access to public transport," she said.

Motorists will still face the penalty of a parking ticket and fine of up to £120 for parking illegally.
In the most serious cases where vehicles are causing an obstruction or are parked dangerously
the council will still retain the power to tow vehicles.

And clamping will still continue on Lambeth housing estate roads to ensure that tenants are not
inconvenienced by obstructive and careless parking.

The government recently launched a consultation on plans to limit clamping only in extreme
cases. Lambeth is one of a growing number of councils re-assessing its parking enforcement
practice.

Editors' notes
The council’s parking contract was renegotiated last year, removing the financial incentive for the
contractor to issue PCN’s and placing an increasing emphasis on the quality of enforcement
undertaken within a regime that is firm but fair.

The number of people in Lambeth appealing against parking tickets (PCNs) fell from 3,191 in
2005/6 to 2,346 in 2006/7, according to official figures released by London Councils.

Key changes to the contract included:

• The arrangement where the parking contractor was penalised if it did not issue a certain
number of tickets was abolished. While parking attendants have never been rewarded for
issuing tickets, under the old contract the council’s parking contractor was penalised if a
certain number of tickets were not issued.
• The behaviour of parking attendants is more carefully monitored to ensure they behave
properly and considerately. The contractor is rewarded if more parking attendants behave
in a way that is helpful and respectful towards motorists, but penalised if attendants
hand out tickets unfairly or are rude.
• Performance is monitored by a number of other measures, to ensure standards are
maintained. These include measuring the number of visits made by attendants to
individual streets.