He was fined on a family holiday after his condition made him late returning to his car

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A terminally ill man who was 18 minutes late returning to his car because of his illness has won a battle over his penalty charge. Kevin Graves, 58, paid a £25 fine after his condition made him late.

Mr Graves had recently been given the diagnosis of between three to six months to live and decided to spend some of that time on the Lincolnshire coast with his family. While they were due to return to their car on time, Kevin needed to visit the public toilets on the seafront.

As Kevin weighs 22 stone and is fitted with a stoma bag, he and his son Dylan were delayed by around 20 minutes. Upon returning to the car on Gibraltar Road in Mablethorpe, the pair found they had received a penalty charge notice (PCN) from Lincolnshire County Council.

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"I was not blocking anything," Kevin, who lives near Hull, told Grimsby Live. "Because of my condition I was 18 minutes late, all because I had to go to the toilets which are way along the promenade by the lifeboat station. I feel we should have been given some leeway."

A spokesperson from Lincolnshire County Council said: "We have looked at the elements of this case and held a review into what happened. The PCN was issued correctly and this claim was appropriately rejected based on our procedures for this action."

However, they added: "We should have exercised discretion based upon the specific content and the circumstances involved. After further consideration, we have arranged for the PCN to be cancelled and the money paid refunded to the motorist in this instance."

Despite an anonymous benefactor attempting to pay the charge on behalf of the family, Kevin paid the £25 penalty on Monday 27 June. He has since been told by the council that the money will be refunded within the next week.

"I am glad we got in touch with the media as if it wasn't for that I don't think the council would have changed their mind," Kevin continued. "I'd like to thank everyone involved for what they've done for me and the council for listening. I'm only on benefits and so £25 to me is like £50 to anyone else."

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