Thank you for your reply. I was surprised that the officer never left his vehicle but this is what happened. Obviously as my husband was alone this is a little hard to prove. I don't have any medical proof as to my sons illness but if the officer had bothered to go to our vehicle he would have seen for himself. They were travelling alone as they were coming to pick me up from work so I could look after him while my husband went to work so had no choice. I think it was wrong that he would ask my husband to go to his vehicle leaving my son alone but he did. I do think we will just pay the fine but I will certainly be complaining about the officers conduct as I don't believe he behaved in an appropriate manner

My husband was given a fixed penalty notice this afternoon while stopped on the hard shoulder of the M602 in Manchester. He had pulled over as our two year old who is currently quite ill was coughing so much he was really worried he was choking on something. He had to undo his seat belt so he could turn round and and check on our little boy and make sure he was OK , while he was doing this a police car pulled up behind him and put on his lights. The police didn't get out of his vehicle he wait a couple of minutes and then beeped at my husband and gestured for him to get out of our car and go to the police car. At that point my husband was still trying to settle our boy down so waved at the police man and let him know he would be a minute. Once he went to the police car he was told to get in and the office told him he had stopped him (which he never the car was already parked up on the hard shoulder) as he shouldn't have stopped the car where he did as this was only for emergencies and in which case he should have been out of the vehicle and over the crash barrier. My husband tried to explain what had happened an that he had been worried our son was choking but the office wasn't interested and told him as he wasn't wearing a seatbelt at the time the police car pulled up behind our car he was going to issue a fixed penalty for not wearing one. I am sooooo angry how on earth can this be justified. Was my husband really expected to ignore the sick child in the back and not stop to ensure he was OK it's ridiculous and I do not understand at all why he has issued a penalty for not wearing his seat belt as the he wasn't driving at the time. I really want to appeal but feel that may that would be a waste of time as does anyone ever stand a change doing so and there is no way I could afford the fine to rise if we lost.