Dacorum council's wild wee warning sign 'not enforceable'

Signs installed by Dacorum Borough Council warn of a fine of up to £1,000 for urinating in a layby

Council signs that warn of a fine of up to £1,000 for anyone who urinates in a layby are unlikely to be enforceable by law, a lawyer says.

The signs appeared in a layby on the A41 near Kings Langley, Hertfordshire, after a man with a prostate problem was wrongly fined last year.

Lawyer Nick Freeman said Dacorum Borough Council (DBC) was using the environmental protection act "not for the purpose of which it was designed".

The council has been asked to comment.

"Urine isn't litter," said Mr Freeman, who is commonly known as Mr Loophole.

He said: "The spirit of the legislation is clearly not to criminalise every jogger, every biker, every dog walker who responds to the call of nature in a discreet way.

"The sign is a waste of taxpayers' money, because it does not follow the legislation."

Wild wee

Michael Mason said he went to the toilet in the layby because he "couldn't help it"

It comes after 69-year-old Michael Mason was issued an £88 fixed penalty notice (FPN) by enforcement officers for urinating in the layby, but the fine was cancelled after an appeal.

Mr Mason, from Winslow in Buckinghamshire, had been approaching the M25 but said he pulled into the layby 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."

However, Mr Freeman, a specialist motoring lawyer, told Jonathan Vernon-Smith on BBC Three Counties Radio the council was wrong to class urine as litter.

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

Enforcement officers spotted Michael Mason urinating near a layby and issued a fine of £88