Harry Parker was just 14 years old when he was hit and killed by a car on his way to school in Swindon.
“He was a lovely lad, full of life. A football fanatic,” said Harry’s dad, Adam. “He would always make people smile and just have a good time. He was my right hand man. Daddy’s boy.”
His mum Kelly says the memory of what happened that day in November 2022 is seared into her mind.
“I can remember walking into that room now, he was in resus, lying on a trolley. He was just absolutely lifeless. I pushed all the doctors away, I pushed everyone out the way and just went to him and said ‘Harry, please, come on son, you’ve got me. We can do this together’.
“But half an hour later, the doctors came through and told us the devastating news that there was nothing anybody could do for him. As a nurse I’m at the hospital every day, helping people. I love that, that’s my job. But I couldn’t help my son. Nobody could.
“The hardest part was when we had to say goodbye to him. We had to make the decision to turn the life support machine off. Harry was in the middle, me and his dad lay on each side of him, holding him so tight and feeling his heart beat, until we felt the very last beat.”
The driver of the car didn’t have a licence, insurance, or stop at the scene.
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But two years after Harry’s death the Crown Prosecution Service told his parents that they were dropping the charges.
They said: “We examined this case in great detail – including obtaining the advice of a forensic collision expert – and it has become clear that there is not enough evidence to demonstrate that this collision could reasonably have been avoided, and therefore that the driving was careless.”
For Adam and Kelly it was a huge blow.
“I was enraged, angry,” said Adam. “I just wanted to lash out. But there’s no point in doing that. The only way to win this fight is to go through the legal procedures and do this properly. I can’t believe that the law is so lenient on people who haven’t got a licence.”
There is no current national data on the number of unlicensed drivers, though past research by the Department for Transport estimated they commit 9.3% – or nearly 1 in 10 – of all motoring offences. It was thought there could be as many as 470,000 on the roads.
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In 2006 the Labour government introduced a new offence of causing death while driving without a licence or insurance, punishable by up to two years in prison.
But in 2013 the Supreme Court ruled that, due to the way the legislation was worded, prosecutors still had to prove the driving was at fault – thus rendering the new law fairly redundant, as a driver could then be charged by careless or dangerous driving.
The judges were concerned about faultless drivers being charged if a drunk pedestrian fell into the road in front of them, or if someone attempted suicide by jumping out into the road.
The Parkers’ local MP, Will Stone, believes the law needs to be changed to reflect the spirit and intention of the 2006 legislation.
He has a Ten Minute Rule Bill today – a motion to seek MPs’ permission to introduce a bill to make the case for a new law.
Labour MP Mr Stone is hoping the government will adopt the bill as part of their forthcoming road safety strategy.
“What we’re specifically looking to do with the Harry Parker Bill, is that if a driver without a licence crashes into somebody and it results in death, it would automatically be deemed careless,” he said.
“There is clearly a loophole in the rules. You need a driving licence to drive. Therefore, choosing to go without one is careless by default. You shouldn’t be on the road because you don’t have the requirements to operate a car, and I think that is a safety risk.“
The Department of Transport said: “Every death on our roads is a tragedy and our thoughts remain with the family and friends of Harry Parker.
“The government takes road safety seriously, and we are committed to reducing the number of those killed and injured on our roads.”
Adam Parker now spends every morning on the road outside Harry’s school, making sure all the pupils get across safety. He and Kelly are campaigning to raise awareness of road safety, hoping that Harry’s legacy will be to protect other children.
“You shouldn’t send your child off to school, planning what you’re going to cook them that evening, planning what they’re going to have for their birthday in five days time, but it doesn’t happen because someone just hits him,” said Kelly. “We don’t want any other parents to have to go through this.”
