A SUCCESSFUL parking appeal over a ticket issued when an octogenerian motorist answered a ‘call of nature’ should bring relief for any driver in London similarly caught short.

Eighty-five-year-old Michael Nyman was horrified to receive a £65 penalty notice from Transport for London (TfL) after making a three-minute “emergency” stop to use the loo in a shop when he got stuck in a traffic jam, in November.

He contacted TfL immediately to explain the circumstances that had left him with no option but to partly park on the pavement outside a florists near Regent’s Park, but to no avail.

Despite opting to go to appeal, he received more than 20 increasingly threatening communications from TfL.

They were all countersigned by London Mayor Sadiq Khan, warning the fine had been increased to £130 before his case was heard by the adjudicator, in Holborn, on February 1.

Mr Nyman became increasingly worried and sought advice from Waverley Citizens’ Advice Bureau in his home town, and also contacted his MP Jeremy Hunt, who wrote a supporting letter saying the law must be respected, but he hoped his constituent would be treated ‘humanely.’

Mr Nyman took the letter and CCTV footage, which had also captured a pedestrian able to walk past his car on the pavement, when he attended the adjudication hearing.

TfL was not represented and the adjudicator swiftly found in his favour, noting Mr Nyman had stopped in what was for him an emergency situation.

He accepted there could have been a traffic accident if he had not stopped to relieve himself.

“Unlike TfL, I had the opportunity of meeting Mr Nyman and asked him his age,” he said in his ruling.

“I find this was an emergency and can also be deemed objectively to be an emergency situation.

“An emergency is defined as a sudden unforeseen occurrence needing immediate action. I will therefore allow the appeal.”

The ruling sets a precedent as it appears to confirm that answering the call of nature can be defined as an ‘emergency’ – particularly for older people, and justifies the temporary flouting of parking rules.

Mr Nyman told The Herald: “I am pleased to have made legal history. I felt more persecuted than prosecuted by TfL.

“It was unbelievable, I had more than 20 communications about it and it was very unpleasant having it hanging over me at Christmas.

“As I told TfL, of course I appreciate traffic and parking laws exist to promote safety.

“But in this case, as a matter of fact, on returning to my car approximately three minutes after relieving myself, I can report my action had caused, in fact, no harm to pedestrians or traffic.”