Our Ref:         FOI-0695-2021

Thank you for your request received on 27 July 2020 asking for information about fines issued to traders at Tooting Market.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require.

As the Highway Authority for the Transport for London Road Network (TLRN), TfL has a duty under section 130 of the Highways Act 1990 to keep our carriageways and footways clear from unsafe or unlawful obstructions that could impede the public in its use and enjoyment of our Highway. TfL achieves this through either removal of unlawful obstructions or by taking enforcement action through Engagement, Warnings, Fixed Penalty Notices (FPNs) or a Prosecution (where engagement, warning and FPNs have proven ineffective). TfL strives to create a safe, secure and accessible environment across it’s transport network that’s inclusive for all users and will take the necessary action to ensure that risks of harm are minimised.

The fruit and vegetable stall outside Tooting Market was first reported to TfL in September 2015, and a warning letter was sent to the management company of Tooting Market. They responded to provide the details of the stall owner and advised the stall was not allowed to use the private forecourt outside the premises as per the lease. A warning letter was issued to the stall owner at their address.

Two Fixed Penalty Fines (FPNs) were issued to the stall owner following the warning letter. As these were not paid and the stall continued to unlawfully obstruct the Highway, the case was referred to our prosecution team. Legal proceedings were taken against the stall owner in 2016, where the Defendant was found guilty by Lavender Hill Magistrates’ Court and ordered to pay a fine, court costs and a victim surcharge.

The stall was reported again for unlawfully obstructing the Highway in 2019, and a warning letter was issued in line with our policy.

In 2020, TfL were informed by the management company of Tooting Market that the owner of the stall has been given the permission to use the private forecourt outside the premises. As TfL has no jurisdiction over private forecourts, TfL will not enforce against the Trader unless an unlawful encroachment onto TfL Highway occurs again. Please note that the private forecourt is 2.5 Metres wide.

If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.

The impact of current circumstances on TfL’s resources means we are not able to answer FOI requests readily and we ask that you please do not make a request to us at present.
 
Answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. In any event, please note that our response time will be affected by the current situation.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]