Driver wins three-month dispute with TfL for unlawful parking ticket

By Tom Hussey

A driver has finally won a three-month dispute after being unlawfully awarded a parking ticket on private land – and discovering almost 40 people got a ticket in the same spot.

Fred Ricketts (pictured), 76, of Ashbourne Road, Dulwich received the penalty from Transport for London (TfL) after being caught on camera parked outside the M&S garage on the A21/Bromley Road last October 20.

Despite TfL being aware the land was not theirs, they pushed forward with the penalty, so Fred decided to take them on.

Speaking that month to the South London Press, Mr Ricketts said: “They don’t have jurisdiction over that part of the road.”

In November, TfL told the South London Press the land was enforceable. But Mr Ricketts investigated his fine and discovered a car, owned by nearby shopkeeper Chris Spaulding of Priceless Carpets, regularly parks in the same spot where Mr Ricketts was fined.

And Mr Spaulding had not been nabbed for two years since he wrote to TfL complaining about getting a ticket.

TfL had overturned Mr Spaulding’s penalty after he produced documents proving the area was not within TfL jurisdiction.

Mr Spaulding said: “The deeds to that land say it is owned by Marks and Spencer. Cars parked there shouldn’t be getting a ticket from TfL. It’s private land.”

Mr Ricketts’ initial challenge was rejected, so he provided further evidence to support his case which then succeeded – and on January 5, he was told his penalty had been overturned.

Mr Ricketts also filed a Freedom of Information request which showed an astonishing 38 unlawful penalties had been issued by TfL at the same location in a two-year period between November 2018 and November 2020.

Only four of the 38 fines issued had been challenged, of which only two had been overturned.

Mr Ricketts said this week: “This is TfL giving PCNs to people on private land, knowing full well it was not under their remit, whilst letting other shopkeepers park there.

“About time TfL had some of their own medicine.”

Paul Cowperthwaite, TfL’s General Manager of Road User Charging said: “Our records indicate that the land where Mr Rickett’s car was parked is enforceable. However we are undertaking a review in light of the comments raised.”