Pensioner escapes £130 parking fine because he needed to go to the toilet
Michael Nyman was handed the fine for parking on the pavement. But the ticket was overturned at appeal because the driver argued he would have had an accident if he hadn't stopped to relieve himself
A PENSIONER got his £130 parking ticket ripped up because he needed the toilet while stuck in traffic.
Michael Nyman, from Hindhead, Surrey, was fined after parking with two wheels on the pavement before dashing into the loo.
But the penalty was overturned when adjudicators ruled he could have been involved in a crash “if he had not stopped to relieve himself”, according to .
The ruling reveals that needing the toilet - especially among older people - can be defined as an "emergency" and fair reason to break parking rules.
The 85-year old had been stuck in traffic in central London on November 15 last year when nature called.
Without anywhere to stop he mounted the kerb on Park Road, near Regent's Park, outside a florist.
How to appeal a parking ticket
NO matter who has issued the parking ticket it is possible to fight it if you think you’ve been unfairly charged. Although, it’s important to keep in mind that the fine may increase if your appeal is unsuccessful.
If a Penalty Charge Notice was issued by the local council, unless you have grounds to appeal, you should pay up. Here you have broken the law. The penalty is just that – a genuine penalty or fine – not just a “charge”.
If you do have a compelling, or very persuasive reason for appealing, the council can use its discretion to decide whether to cancel the notice. Drivers will have to complain to the council in writing, with any witness statements or photographs included.
If you get a parking ticket from a private company, find out what company has issued the ticket.
Gather evidence if you plan to appeal, for example, take photographs to show unclear signs or anything else that might be relevant. Keep all your correspondence with the company and hold off paying the fine if you want to challenge it.
Most of the big, private car park operators are part of the adjudication scheme, Popla (Parking on Private Land Appeals). If Popla takes the driver's side, the charge is cancelled. If the driver’s appeal is refused, the company can carry on seeking payment and ultimately has the option of taking the vehicle owner to the small claims court.
He claimed he was only gone for three minutes and didn't block anyone.
But Transport for London (TfL) fined him £130 for being "parked with one or more wheels on or over a footpath".
Mr Nyman, who could have paid the discounted £65 fine within a fortnight, immediately appealed the case with TfL who rejected his plea.
You're only allowed to park on London pavements with permission from cops, if you're broken down or it's an emergency - like saving a life or putting out a fire.
But an official traffic body cancelled the fine last week after ruling it could be classed as an emergency in this case.
Mr Nyman said: "There have to be rules governing the way we drive and I understand that people can’t just start pulling in wherever they like.
"However, some commons sense has to be applied when the laws of nature come face-to-face with the laws of traffic."
Councils turned in a record £819million profit from parking last year - including fines and charges - up 10 per cent on 2016.
And private parking firms are also under the microscope for unfairly targeting Brits with hefty penalties.