Oakes cancer patient Tony Russell parking appeal refused

A CANCER patient who was slapped with a parking fine for making an emergency toilet dash has had his second appeal turned down.

But Army veteran Tony Russell has vowed to continue his fight against Kirklees Council on a matter of principle.

The Oakes pensioner – who served in the Grenadier Guards and special forces for more than 30 years – learned his second appeal against his £35 fine had been rejected this week.

The disabled driver – who has diabetes, three different forms of cancer and has endured major heart surgery twice – was caught short as he drove around Huddersfield ring road in September.

Mr Russell’s catalogue of medical conditions means he frequently has the urge to urinate without any warning.

The 72-year-old pulled over to use the public toilets on Lord Street, near the Open Market, but they were in use.

He then quickly parked his car on double yellow lines on Brook Street – displaying his disabled badge – and headed to the nearby Tesco store.

The father-of-three – who takes 27 tablets a day – was only gone a few minutes.

But when he returned, he had been given a £35 parking ticket – which has now risen to £70 because he refused to pay within 28 days.

The blue badge scheme allows disabled drivers to park on double yellow lines – but not if there is a loading ban indicated by yellow blips on the pavement as there is on Brook Street.

Mr Russell said: “It is not the fact I cannot afford to pay it but it is the principle.

“A lot of the tablets I take are water tablets and I am often caught short and need to go. It is a medical thing. I just had to go.

“Would they have preferred it if I had gone on the pavement?

“I cannot help being poorly and this is giving me even more stress to deal with.”

Mr Russell has twice appealed to Kirklees Council in writing explaining his circumstances but his defence has been rejected.

The case will now go to a Traffic Penalty Tribunal where an adjudicator will decide the outcome.

Mr Russell added: “I am under three different consultants at the hospital.

“I just feel it is unjust. I think when there is a real reason for someone doing something, they should look at it rather than being so dogmatic and tough.

“I would like them to reconsider.”

A spokesman for Kirklees Council said: “Mr Russell's appeal was not upheld because his vehicle was parked in a place where no stopping is permitted at any time. This is for important road safety reasons.”