Driver who stopped for wee in layby fined for littering despite prostate issue

07 December 2023 , 14:16

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Weeing outside counts as littering, officials from Dacorum Borough Council claimed at first (stock image) (Image: Getty Images)

A man who was forced to stop for a wee in a layby because of his prostate problems that make him urinate frequently was shocked to receive an £88 fixed penalty notice for littering.

Michael Mason, 69, was about to join the M25 but was worried he wouldn’t have been able to drive the whole trip without going to the toilet so pulled over to relieve himself. He claims that after a “very, very discreet” wee an officer from District Enforcement tapped on his car window and told him he had been “caught littering”.

Although Michael says he explained it was an emergency, the firm contracted by Dacorum Borough Council that dealt with the incident said this wasn’t made clear. Michael, from Winslow in Buckinghamshire, later went to his doctor to get a note that proved he had a medical condition.

He told the BBC after phoning the Jonathan Vernon-Smith show to highlight what happened: “I managed to make it to the layby. I made sure nobody could see me and was very, very discreet. I don't believe it's the spirit of the law, in this case, to fine people for littering.”

Despite the council insisting that “urination is classified as litter by the Environmental Protection Act 1990”, Michael was eventually told he didn’t have to pay the fine after he sent off his doctor’s note to officials.

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The council had previously pointed to a paragraph of the legislation that stated it was an offence “if any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies."

Michael, who said he was pleased the fine has been dropped, added that he has been left "still wondering about all the other people who have been fined in the same area".

Jake Loader