Man convicted after mistaken identity cigarette fine

A man has received a criminal conviction for not paying a fine for dropping a cigarette butt, even though he says he has never smoked.

Lucas Harbourd, 49, was fined for littering in Bristol city centre in December 2024, but said he only found out in July when he received a court letter which said he owed £458.

He later challenged the fine, with 3GS, the company contracted to hand out fines on behalf of Bristol City Council, admitting it was a case of mistaken identity. But he said he still has to overturn the conviction which he believes could impact his career.

The council and 3GS did not respond to the BBC's request for comment.

3GS enforcement officers can issue fines for environmental offences, including littering, graffiti, fly-tipping, leaving dog mess on the street and drinking alcohol where it is banned.

The private company, which has been contracted by the council since 2019, gives out, on average, about 450 fixed penalty notices (FPNs) in the city every month.

A freedom of information request revealed that 97% of fines between 2023 and 2025 were for littering.

The Local Democracy Reporting Service (LDRS) previously revealed the vast majority of littering fines involved cigarette butts, which could land a person with a £175 fine.

Harbourd said he only found out about the FPN and conviction 18 months later because letters were sent to the wrong address.

He said he finally received a court letter on 16 July saying he owed £458 and risked having his possessions seized by bailiffs or even ending up in prison if he did not pay.

This came after Harbourd had been fined following a hearing on 7 May at Porstmouth Magistrates' Court heard in his absence.

But after he challenged the fine, 3GS reviewed the evidence and realised Harbourd's appearance did not match the offender.

The company apologised and said it would request his case to be reopened and withdrawn "due to the case of false identity".

But Harbourd still has to get his conviction overturned, which he said could take months.

"This has gone from a FPN for throwing a cigarette butt down - I've never touched a cigarette in my life - to getting a criminal conviction without even knowing," he said.

Harbourd said the situation could affect his "livelihood going forward" because it could impact the Disclosure and Barring Service checks required for his work contracts.

He said his ordeal showed there was "no due diligence", raising questions about the number of similar cases.

"I think the process is for profit, not for justice - it won't actually solve the issue of littering, and now the justice system is being overburdened," he said.

A recent investigation by the Mail on Sunday revealed 3GS enforcement officers were warned they had to fine at least five people per shift or risk losing their jobs.

The undercover reporter also found enforcement officers using racial profiling and targeting vulnerable people, including outside hospitals.

Bristol City Council said at the time it would raise these allegations with 3GS and take action if they were proven further.

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