A FORMER British swimming champion, now a taxi driver, is prepared to go to prison to fight an ancient bylaw which is leaving cabbies desperate for the toilet.

David Finnigan has become the second taxi driver to publicly condemn Darlington Borough Council’s enforcement of the 1847 statute, which forbids drivers from leaving their vehicles unattended.

In Saturday’s edition of The Northern Echo, Stuart Turner said he too would not accept the council’s punishment.

Mr Finnigan, who captained the England swimming team in the Sixties, said he left his taxi on the Market Place rank for one minute so he could use the nearby toilet when the council inspector arrived.

On Thursday, the 62-year-old from Stockton will appear before a council licensing officer, who is likely to offer a caution.

But Mr Finnigan insisted he would not accept the ruling, which could leave him facing a £500 fine.

He said: “It is disgraceful. All I want to do is come out and do my job. I didn’t want this – but they are the ones who have opened Pandora’s Box.

“I will go to jail if needs be. They can send the bailiffs round to my house, but I will not pay.”

A council spokeswoman said taxi drivers should find an appropriate place to park if they needed to use the toilet.

She added: “A local bylaw, which all drivers must adhere to, states that a cab cannot be left empty on a rank. Failure to comply with the bylaw may result in action being taken.”

Mr Finnigan said parking was not always possible, and with Darlington’s ranks busier than ever, he said drivers can be stuck queuing for hours to pick up customers.

“I’m 62, and you need to go to the toilet regularly at my age,” he said.

“I can’t go round in circles looking for somewhere to park.”

Between 1963 and 1968, Mr Finnigan held four British records in the pool and represented Britain in matches all over Europe.

“I put this town on the map in the Sixties,” he said. “I did it for Darlington – now this. But it’s not just about me. This affects drivers nationally and I want to draw attention to it.