Winslow 'wild wee' man has urination fine cancelled

The 69-year-old said he went to the toilet in the lay-by because he "couldn't help it"

A driver with a prostate problem who was fined after he urinated in a lay-by has had the penalty cancelled.

Michael Mason was issued the £88 fixed penalty notice (FPN) while parked in a lay-by on the A41, near Kings Langley, Hertfordshire.

Dacorum Borough Council said the 69-year-old "did not mention any medical conditions in his representation".

"Since learning of all the facts, we are pleased that in this case the FPN has rightly been cancelled," it said.

Mr Mason, from Winslow in Buckinghamshire, had been approaching the M25 but said he pulled into the lay-by as: "If I had gone any further, I would've soiled myself."

Initially the council said the fine was for littering and had invited Mr Mason to provide medical evidence to his condition.

It had said: "Urination is classified as litter by the Environmental Protection Act 1990."

Specialist motoring lawyer Nick Freeman examined the legislation and told the Jonathan Vernon-Smith show on BBC Three Counties Radio the council were wrong to define urine as litter.

He said the legislation defines litter as items such as discarded cigarettes and chewing gum.

"The very fact it doesn't mention urine clearly indicates that urine is not actually a piece of litter or in any way littering," he said.

In response to Mr Freeman, the council said: "The definition or classification of urination as litter or urinating in public as a criminal offence under the 1986 Public Order Act is not for us, as an individual borough council, to comment on or define."

Enforcement officers spotted Michael Mason urinating near a lay-by and issued a fine of £88

Dr Nighat Arif, an NHS GP from Buckinghamshire, said for people with prostate conditions "wild wees are not that uncommon."

"For men who have prostate issues - needing to rush to the toilet, urgency and needing to pee frequently are sometimes the early, easily missed symptoms," she said.

Dr Arif stressed feelings of urgency could make it difficult to resist the need to use the toilet.

"The signals received from the bladder, due to the pressure of an enlarged prostate, in the brain makes it difficult for a person to resist or ignore the urgency to pass urine," she explained.

Mr Mason said he was pleased the fine had been cancelled but he was "still wondering about all the other people who have been fined in the same area".

"I don't believe it's the spirit of the law, in this case, to fine people for littering," he added.