Les O’Donnell, 70, was shocked to receive a fine in the post for throwing a cigarette out of the window which he claims was a lump of phlegm he ‘manufactured’ while ill
A pensioner says he has been fined £225 by the council – because he snotted out his van window. Les O’Donnell, 70, was shocked to receive a fine in the post for what they say was ‘throwing a cigarette out of the window’ in September 2025.
But he says he abhors littering and would never do that – instead he had a nasty incident with some phlegm.
The pensioner, from Coalville, Leicestershire, claims the environmental protection officer who saw him was mistaken. He claims he had a cold, had sneezed into his hand, and finding himself without a hanky while driving, he “shook” his hand out the window, causing the snotty phlegm to drop onto the road.
Les, who works part time as a delivery driver, has appealed the fine, but says it was rejected, despite a lack of photographic evidence. He said he is prepared to go to court over the matter, and thinks motorists are being targeted because they are a “soft touch”.
He said: “I’m 70 years old and the way I was brought up was that you just do not litter. I detest littering.
“I’d been to the doctors that day as I was manufacturing a lot of mucus, and on the way back, I sneezed, and a huge lump of phlegm landed on my hand. I didn’t have a hanky with me, so I shook my hand out of the window, to get rid of the mucus.
“A few days later I got a letter from the council saying an environmental protection officer had seen me throwing a cigarette out of my van window, and that I had been given a £225 fine. There was no physical proof or photographic evidence of this alleged offence only the word of this council officer.
“I was so confused. I think he must have mistaken the phlegm for me throwing a cigarette out of the window. I’m not disputing the fact that he thought he saw me, but I think he was mistaken.
“I feel so strongly about this that I am prepared to go to court.”
Les got the fine after leaving the doctors, while driving in to town to do his shopping, along Broom Lees Road, Coalville.
Three days later, he received a letter in the post from North West Leicestershire District Council saying an environmental protection officer had seen him throwing a cigarette butt out of his car, before driving off and making no effort to pick it up.
He claims that he may have been smoking at the time, but that he has a cigarette extinguishing pouch and a litter bag in his van. Upset, Les went straight down to the council office to explain and was told that he could appeal the fine.
Les appealed and asked the council if they had any photographic evidence of the alleged offence, but was told that the statement provided by the environment officer was deemed evidence enough.
“It’s just his word against mine, why is my word not worth as much as his?”, he said. “I’d love to see a picture if there is one, because I genuinely believe that it was me getting rid of phlegm.
North West Leicestershire District Council has been contacted for comment.
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