A SMOKER has branded new littering laws “pathetic” after being stung by a £50 fine for throwing a cigarette butt out of his taxi window.

Stuart Whiskin, who refused to pay the fine, was taken to court by Dartford council and now faces paying court costs of £855.

The prosecution has angered Whiskin, of Cavell Crescent, Temple Hill, Dartford.

The former cabbie, who did not attend court to hear the case, said afterwards: “I’d rather go to jail than pay them a penny.”

Unemployed Whiskin pleaded guilty by post to one charge of littering in Hythe Street, Dartford, on January 19.

Prosecuting at Dartford Magistrates’ Court Kate Wickham, representing Dartford council, said: “At 4.20pm a black taxi was parked in Hythe Street near the junction with Suffolk Road when a council officer saw the driver discard part of a cigarette.”

The council wrote on January 26 and again on February 20 warning that if it was not paid, court proceedings would begin.

Miss Wickham applied for court costs from Whiskin - seven hours at £15 an hour for the council’s environmental health officer’s work and five hours at £150 for its legal service in putting the case together - a total of £855.

Sentencing was adjourned by magistrates until July 7 to allow her to approach the defendant with the costs application.

* New powers under the Cleaner Neighbourhoods and Environment Act for local authorities came into force on April 6.

This means Dartford Borough Council can now issue and enforce on-the-spot fines for offences.

The Whiskin case is the first prosecution by the authority under the new powers in which the defendant has refused to pay the fine.

Since March, a total of 19 fixed penalty notices have been issued,

A total of £950 has been earned by the authority in paid fines.

Colin Newmarch, of Dartford council’s enforcement team, said: “We are looking to raise the fine from £50 to £80 but if it is paid within 10 days it will be discounted to £50.”